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Recent military law questions
I have just enter the AGR program and my PCS date is on February
I have just enter the AGR program and my PCS date is on February 16 and I am having issues with my landlord because my parents in law live with me and they are in the contract. Me and my wife are the ones that pay the rent and they are telling me that i cant brake the contract because they are not my dependants and they are also in the contract. The reason is because went we renew it all the people living at the house has to sign it.What can I do in this case?
I'm a military landlord renting to a military family.
Hi - I'm a military landlord renting to a military family. We have lease that end Feb 28. My tenant (military mbr) has separation orders dated for 31 Jan but they want to take terminal leave starting on 19 Dec. Does military clause or SCRA allow for lease to be broken on terminal leave start date. The orders official separation date is 31 Jan.
Son is stationed in Germany, receives BAH who is
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!
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.
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?
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?
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
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Please P. Simmons answer only
I receivedView more military law questions
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?