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Can members of the U.S.PHS and NOAA commissioned corp get

Can members of the U.S.PHS and NOAA commissioned corp get legal advice, say for SCRA issues with landlord, through military judge advocates service?

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Marsha411JD

Doctoral Degree

18,946 satisfied customers
Son is stationed in Germany, receives BAH who is living with

son is stationed in Germany, receives BAH for wife who is living with me. We have a written lease signed 2 years ago but it expired in march of this year. Son has been sending his BAH + additional (the BAH is not near enough) for her rent and incidentalexpenses and to make sure she has cash in her pocket. She has not been home for a few months, but he is still sending her rent (which is more than the BAH) in case she came back home. We regained contact with her, and she will not be returning home. UnderColorado law, even though our written lease was through March 2015, I still have to give her a 30 day notice to terminate the lease and have her come and pick up her things. Under the law, the lease continues under the original terms on a month to month basisuntil either landlord or tenant give 30 day notice. All of that said, Army is now charging BAH fraud stating son was paying her rent on a non existent lease and therefore not eligible for BAH. Colorado law is clear that upon expiration of a lease, it continuesmonth to month until either party gives notice, so we never worried about re-signing. I am unclear how Army can make such a claim when her rent has been taken care of in case she comes back and to protect her belongings (one of them is a car that is stillsitting at my home). I am sending her a 30 day notice that I am canceling the lease agreement and she will need to get her things by then or face an eviction, but what do we need to do in regards ***** ***** bogus charges from the military? HELP!

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P. Simmons

Attorney

Doctoral Degree

35,662 satisfied customers
I am leasing a home to a servicewoman. She was single

Hi,I am leasing a home to a servicewoman. She was single at the time she signed the lease. Her then-boyfriend's name is ***** ***** paperwork but he never signed the documents. Boyfriend is now husband, and he too, is a serviceman.The lease ends June 30th. He will not be back from sea until July 30th. Am I required to extend the lease? She is not deployed, and he never signed it.

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P. Simmons

Attorney

Doctoral Degree

35,662 satisfied customers
We are moving to Newport RI in June. We are having trouble

We are moving to Newport RI in June. We are having trouble finding a house to rent due to my wifes 'Future Possible Transfer' in Nov 2017. Landlords say if we move in November then they will not be able to rent the house at that time of year. Is it legal to not rent a house to a military member because they might get transfered in 1.5 years instead of an even 2 years?

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P. Simmons

Attorney

Doctoral Degree

35,662 satisfied customers
My son is serving in the Army and will ETS in March 2015. His

My son is serving in the Army and will ETS in March 2015. His apartment lease had an automatic annual renewal clause on January 1st which required 30 day written notice to not renew additional year. His wife had called the landlord while he was deployed to let her know they would be moving back to Texas in March. When he called his landlord on January 12th, 2015 to ask about everything they needed to do to the apartment before moveout, she denied having received a call from his wife about their moving plans & told him the lease had renewed automatically year and they would be liable it under the terms of the lease. The landlord did agree to try and release the apartment & if successful would let them out of the remainder of time on the lease. Do they have any other options?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,068 satisfied customers
Can Military Landlords who have orders to move back to where

Can Military Landlords who have orders to move back to where their house is (currently leased) break the lease to move back in? OR are only military tenants only protected by law to terminate a lease early?

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Marsha411JD

Doctoral Degree

18,946 satisfied customers
NOT A REPOST Please P. Simmons answer only I received

NOT A REPOSTPlease P. Simmons answer onlyI received a letter from the director of social services at my fathers nursing home. It was very supportive of my father's competency, saying he is showing sound judgement and is competent to handle his financial decisions. This in addition to his doctor's letter saying the same. The VSO submitted both letters as disagreement with incompetency.Do you think the letters from the Doctor and social worker supporting his competency will be sufficient for the incompetency claim to be stopped? Considering that they are only asking for evidence SUPPORTING INCOMPETENCY.From everything I have read online it seems VA will only come out to examine his competency if they think the evidence he submitted is not sufficient. Does this sound right?What questions might they ask if someone from VA did come and examine him? Would he receive notification beforehand? How much time would he have to prepare?Does he only have to demonstrate that he is CAPABLE of handling his finances to a field examiner? Or does he have to prove that he has BEEN handling his finances already?

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P. Simmons

Attorney

Doctoral Degree

35,662 satisfied customers
Back on March 24, 2013 my ex-girlfriend broke into my house

Back on March 24, 2013 my ex-girlfriend broke into my house and assaulted me after I broke up with her. Three days later she then accused me of sexually assaulting her back in September 2012. At that time I was deployed to a different country. During an interview with NCIS she admitted to doing what she had done. My commanding officer stated that "There were signs of mutual combat in the house." which is why he did not do anything to her for what she did. I feel that my rights as a victim under 18 U. S. C. 3771 have be violated. What can I do about that?Additionally, my commanding officer verbally authorized a search and seizure at my house that is off base. I asked for a copy of the search warrant and I was told that there wasn't a search warrant. I did not give my permission for this search and seizure but they did it anyways. I am sure this is a violation of my 4th Amendment rights but I dont know what I can do about any of this, I have been trying to find an answer but I can't seem to find one. I looked into the case of Feres vs US and I couldn't find anything in the case barring a lawsuite against my commanding officer. Please give me what advice you can give me. Thank you in advance.

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P. Simmons

Attorney

Doctoral Degree

35,662 satisfied customers
I am having a disagreement with my naval tenant as to the date

I am having a disagreement with my naval tenant as to the date they are legally obligated to pay to to terminate their rental contract early. I received their orders on the 29th July and as a result I expect them to pay up until aug 31st. They are leaving the premises on Aug 11th and are telling me that they will only pay and are only legally required to pay until the 11th. I also said I would not be able to check the premises for damage or defect until the 16th. They are insisting I do so on the 11th and I am illegally obliged to do so. I unfortunately am not available due to pre determined commitments and having received such short notice feel 4 days after they have moved their belongings out reasonable.. As a result, the naval tenant in question phoned me and shouted at me, calling me an f-ing retard on a number of occasions and telling me how stupid I was and I am not fulfilling my obligations as a landlord. I told them if him not to call me disparaging names and tried to make my point and understanding as to the law. I told him he didn't agree then we would have to get legal representation.Below is the statement in the contract regarding the "Naval Clause I was requested to put in:"In reference to rental contract for the period of_________________________ , should tenant have to terminate the terms of the lease solely due to military orders , the tenant must deliver written notice to the landlord at any time after call to active duty or receipt of orders for active duty. Oral notice is not sufficient. Termination becomes effective on the last day of the month following the month in which proper notice is delivered. The tenant is required to pay rent for only those months before the lease is terminated. If rent has been paid in advance, the landlord will prorate and refund the unearned portion. If a security deposit was required, it will be returned to the tenant upon termination of the lease."I only receive the rent on the 1st day of the month is due. I did not request the last of the months rent, but only have requested they pay on the 1st of the month for the month term of the contract.Please can you advice me as to the course of action I can take, for distressful verbal abuse and also what I can expect in terms of the payment. Am I allowed up to the end of August, also considering I have little time to get a new tenant in?My tenants say I they were told by JAg they only have to pay to the 11th, but this is contrary to everything I have read re the law to date

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P. Simmons

Attorney

Doctoral Degree

35,662 satisfied customers
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