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My daughter is on a lease in Hawaii but has recently gotten…

Customer Question
My daughter is on...

My daughter is on a lease in Hawaii but has recently gotten married to a service members that has received orders to California. Does the spouse have protection under the civil relief act if the military member does not live at the residence and is not on the lease?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Hawaii, my answer must be Hawaii specific please

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Any links to specific laws that protect spouse in this situation so we can use it to get out of a lease.

Submitted: 4 months ago.Category: Military Law
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Answered in 5 minutes by:
12/4/2017
Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 15,071
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago

this depends...is the member on the lease as well?

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Customer reply replied 4 months ago
Before we move forward, do you have experience in renters laws and can you show me supporting documentation for your response?
Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago

I do have such experience...do you have specific questions relating to this?

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Customer reply replied 4 months ago
Do you have Hawaii renters law experience my answer must be Hawaii specific with supporting documentation or links to support for your answer. We want to be able to terminate a lease. The contract states," Military Tenants: if TENANT's military orders requires a change of TENTANT's residence to some place off the island for 60 days or more, TENTANT may end this rental agreement by giving Landlord wrtieent twenety eight day in advance. Accompanied by a copy of the written order."
Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago

I do...

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Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago

But what do you mean "links"??

What is it you want linked to?

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Customer reply replied 4 months ago
My questions are:1. Does the civil relief act apply to spouses of service members that have a change in orders?
2. Where is the supporting documentation that we can use to terminate a lease based on these orders?
Customer reply replied 4 months ago
Proof, laws that support your statements. If you tell me that yes it applies or no it does not then please supply the source for your answers.
Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago

I will send the offer for additional services, if you accept I can provide you the information you are requesting.

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Customer reply replied 4 months ago
I am only asking for you to support your answer with a source so that we know that your answer is based on law and not an opinion. I should not have to pay extra to know your answers are based on current law. For example:This url will support an answer because it calls the State Title that supports the argumenthttp://codes.findlaw.com/hi/division-3-property-family/
Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago

I have taken a look at your history...in 10 questions you have not accepted one time...is there a reason for this? Folks like me only get paid if you accept...

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Customer reply replied 4 months ago
that is not the case. I have been using this service for many years and have a history for paying each time. I have used the same attorney for all questions relating to a previous suit and his and my agreement was very clear. He was paid for each answer that he provided under those terms.
Customer reply replied 4 months ago
I am asking for you to support your answer with proof such as state statute so that I know if it is valid and not opinion. Just answer claims that this cost is $47 including the $5 deposit. Getting an opinion does not help me terminate a lease due to the service member receiving orders to California and my daughter (his wife) is on the lease. I want to know if the Civil relief act and/or Hawaii law applies to the spouse of a service member when attempting to terminate a residential lease.
Customer reply replied 4 months ago
I want to know the following:
1. Does the spouse of s service member get protection under Civil Relief Act, 50 App. U.S.C.A. § § 501 when the service member gets orders to another state? The service member was not on the lease and is a new marriage. When the renter started the agreement lease they were not married. They are recently married and the service member now has orders to a new location. Does this ACT protect the spouse of the service member to be able to terminate the lease?
Military Lawyer: N Cal Atty, Military Law Answer Team replied 4 months ago
N Cal Atty
N Cal Atty, Military Law Answer Team
Category: Military Law
Satisfied Customers: 9,657
Experience: Military Law Expert
Verified

Thank you for your question.

Is the servicemember living at the leased property? Has the landlord accepted rent from him?

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P. Simmons
P. Simmons
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Category: Military Law
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Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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