TBO.com - TBO is Tampa Bay Online

Army Recruit In Battle Over Breaking Lease

ADVERTISEMENT

By CARLOS MONCADA

The Tampa Tribune

Published: June 14, 2008

ST. PETERSBURG - Michael Agosta joined the Army on May 30 and was ordered to ship out for basic training in 19 days.

So he gave his apartment complex copies of his orders and notice that he was terminating his rental agreement.

But the complex, Camden Lakes at 11150 Fourth St. N., won't let him out of his lease, saying what he provided were not official orders, according to Agosta and a lawsuit filed Tuesday on his behalf.

"I never thought I'd be in a situation like this," Agosta, 30, said Friday. "It's like dumbfounding how insulting it was."
Agosta said he even had his Army recruiter, Staff Sgt. Sherwin Richardson, intercede on his behalf, to no avail.

"They were coming off to me like I was a six-month resident who was just giving them fake orders just to get out of my lease, which was not the case," Agosta said. "I've been there for four years and eight months."

He acknowledged he gave the complex only 17 days' notice when state law allows military members to break their leases if they provide 30 days' notice and documentation.

He enlisted on a Friday and gave notice to the property manager the next Monday. Now visiting with family in South Florida, he is to report Tuesday for 19 weeks and three days of basic combat training at Fort Jackson, S.C.

He was unemployed when he decided to join the Army. He said his father told him he should apply for food stamps. He refused.

"I figured I might as well do something to benefit my country, rather than take from people who need it more than I do," he said.
Agosta said he doesn't know what financial penalties he faces for breaking his lease, which runs to April 20. He said he was threatened with having the delinquency appear on his credit report, which could affect his security clearance.

Ed Malone, the regional vice president for Camden Lakes at its Tampa operations center, said he could not discuss details of Agosta's case.

However, Malone said the company follows state and federal policies when dealing with the early termination of a lease for a service member.

"It's important we're consistent with the way we deal with people," he said. "And the way we stay consistent is to follow that lease agreement."

Agosta's suit is being handled pro bono by the Zinzow Martin law firm in Palm Harbor. Stan Martin, a captain in the U.S. Army Reserves who has served two tours in Iraq, said he decided to get involved after learning of Agosta's story through news reports.

Justin Zinzow's wife runs Operation American Patriot, a nonprofit group that sends items to soldiers overseas.

Martin contends the lease agreement that Camden is trying to enforce is invalid because it violates Florida law.

The lease defines a service member as only someone on active military duty, which is contrary to Florida law, Martin said. The law recognizes reservists and members of the National Guard as service members in addition to those on active duty, he said.

The lawsuit seeks monetary damages in excess of $15,000, but Agosta said it's not about the money.

"I think it's more important to make sure that stuff like this doesn't happen to people that want to join the service," he said.

Reporter Carlos Moncada can be reached at (727) 451-2333 or cmoncada@tampatrib.com.

Share this:

Loading Comments...

Email Print

ADVERTISEMENT