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My tenant was deployed two weeks ago months. They have (he

My tenant was deployed two weeks ago for nine months. They have (he has a wife and young son) a two year lease that ends at the end of May. My taxes have gone up and I advised them that I will be increasing the rent by $50.00 . They have informed me that By military law I cannot raise their rent ? Don't I have the right to raise the rent with a new lease?JA: Thanks. Can you give me any more details about your issue?Customer: I just sent you my predicament ? Can you help me?JA: OK got it. Last thing — Military Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.

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P. Simmons

Attorney

Doctoral Degree

 
34,190 satisfied customers
MarthaI have a military tenant who has lived in our rental over a y

Hi MarthaI have a military tenant who has lived in our rental over a year. In the spring of 2015 he got orders for a permananet change of station to Camp Pendleton (about 50 miles away from the rental) When our lease was up, in July, he decided to stay put for the kids sake and make the drive to Pendleton. We signed a new one year rental lease.Now he has found out there is room to live on base and he wants to end our lease. Is this OK, though he signd our lease after he received permananet change orders?Our lease does not have a military clause. I do know of the SCRA, but wonder if it's valid seeing he signed our lease after receiving orders.

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P. Simmons

Attorney

Doctoral Degree

 
34,190 satisfied customers
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.

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P. Simmons

Attorney

Doctoral Degree

 
34,190 satisfied customers
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!

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P. Simmons

Attorney

Doctoral Degree

 
34,190 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

 
34,190 satisfied customers
I am not in the military but my tenant is. I have no problem

I am not in the military but my tenant is. I have no problem with the SCRA's act and think its a shame, such a ruling needs to be in place but I do have a problem with someone hiding behind the law. My tenant received his discharge orders on May 5, 2015, to be discharged from the Marines in August 2015, in September 2014, he signed a 12 month lease. At the time of the signing he acknowledged that he was being discharged from the service in August 2015 and insisted he had no intentions on moving before his lease was up. In January 2015 he told us he was moving and did not have to pay the early termination fee because of the SCRA's Act. The SCRAS's Act clearly states that a servicemember who signs a lease and THEREAFTER receives new orders can break a lease without paying an early termination fee. That is not the case here. He moved because he wanted to move, plus he did not move out of the area. He is still in San Diego County. Who is right?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,436 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

 
34,190 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

 
17,436 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

 
18,512 satisfied customers
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