MCCHORD'S LEGAL “EASE”

Whether you’re currently

looking for a home to rent,

already renting a home, or

about to move out of a rent-

al home, you should know

your rights and obligations

as a tenant. Here are some

of the basics.

Know which type of rental

agreement you’re dealing

with and ensure that you

read its terms closely. The

most common types are

month-to-month agree-

ments and a lease with a

designated time period,

typically one year. Monthly

agreements are subject to

change at any time after

proper notice from the

landlord. A lease requires a

tenant to stay for a specified

amount of time, and the

terms cannot be changed

unless both parties agree.

Typically, a tenant must

give 20 days’ notice to the

landlord before terminating

a month-to-month agree-

ment, and if a tenant leaves

before his/her lease has

expired, he/she must pay

until the lease expires or

until the vacancy is filled by

a new tenant. However,

the Servicemember’s Civil

Relief Act allows individuals

to break a residential lease

if they receive PCS orders,

or orders to deploy for 90

days or more. Nonetheless,

the earliest termination

date is 30 days after the

next payment due date; as

such, give notice early!

Always be prepared to face

problems that may occur,

and be aware of which re-

sponsibilities are yours—as

the tenant—and which re-

CALLING ALL TENANTS!

 Must not create a nui-

sance

 Must not interfere with

other tenants’ use of

the property

 ALL OF THESE ARE

GROUNDS FOR EVIC-

TION WITH ONLY 3

DAYS NOTICE!

Other helpful info for ten-

ants:

 When moving in, make

sure you get a condi-

tion check-in list and

fill it out with as much

description as possi-

ble. Also take photos.

This will help to ensure

the landlord does not

try to charge you for

damages that were

present when you

moved-in

 Landlords may not

charge you for average

wear-and-tear

For more information, read

the Landlord-Tenant Laws

at Chapter 59.18 of the Re-

vised Code of Washington.

You can also get help from

the following:

 Attorney General’s

Consumer Line, 1-800-

692-5082

 JBLM Housing Services

Office, (253) 967-3581

 Legal Assistance Of-

fice, (253) 982-5513

Note: the legal assistance

office does not provide

legal advice for landlords,

because advice is not au-

thorized for individuals’

separate businesses.

MCCHORD’S LEGAL “EASE”

Contents

 CALLING ALL TEN-

ANTS!

 Article 31 Rights Ad-

visement

 $trapped for Ca$h?

Don’t do this...

 Coming to Watch a

Court-Martial?

 Did You Know…

 Roadway Construction

Zones

Gifts to Superiors

Volume 1, Issue 4 62 AW/JA August 2016

sponsibilities fall on the

landlord. Here are some

(non-exhaustive) rules un-

der Washington state law:

Landlords:

 Must maintain & repair

the residence to keep

it in a livable, reasona-

bly safe condition

 Must make repairs

when something

breaks, unless the

damage is caused by

normal wear-and-tear

or by the tenant

 Must give two days’

written notice to enter

the residence, includ-

ing the date of entry,

the exact time or time

period of entry, and a

phone number to ob-

ject to the specified

date/time or to re-

schedule. Note: only

one day is needed to

show the residence to

prospective tenants

 May not lock a tenant

out, or shut off utilities

except to make re-

pairs, even if the tenant

is behind on rent

 May not retaliate

against tenants for ex-

ercising rights under

the law, such as com-

plaining to a govern-

ment authority

Tenants:

 Must pay rent & any

utilities agreed upon

 Must comply with the

terms of the rental

agreement

 Must not damage the

value of the property

 Must not commit un-

lawful activities on

premises

DISCLAIMER: Nothing in this newsletter constitutes legal advice.

Most of us have heard cops

recite the “Miranda rights”

to individuals being arrest-

ed on various TV shows and

movies. However, not many

people know that, 15 years

earlier, the military was giv-

en its own version of these

rights and they actually

yield more protection to

servicemembers. On

31 May 1951, the military

was given the Article 31

rights. Article 31 of the Uni-

form Code of Military Justice

details the member’s rights

during investigations, hear-

ings, or inquiries. It initially

afforded military members

accused or suspected of a

crime the right to remain

silent, that is, not be com-

pelled to produce any state-

ment about the crime. Fur-

thermore, the interrogator

had to inform them of this

right, as well as the fact that

any waiver of the right

could lead to statements

being used as evidence in a

court-martial proceeding.

Lastly, the interrogator

could not use any sort of

coercion or unlawful influ-

Article 31 Rights Advisement

Page 2

ence to force the member to

waive these rights.

Since the initial creation of

Article 31 rights, there have

been various court cases,

adaptations in the Military

Rules of Evidence, and

practices by the Air Force

that have clarified and ex-

panded the initial rights.

Specifically, individuals

also have a right to free mil-

itary counsel. Furthermore,

it is not just investigators

and police officers that have

to provide military mem-

bers their Article 31 rights.

If you are superior in rank

to an individual, you may

need to provide Article 31

rights in the following cir-

cumstance:

1. You suspect the person

you wish to question

has committed, or is in

the process of commit-

ting, an offense under

the UCMJ;

2. The primary purpose

of your questioning is in

a disciplinary capacity,

rather than for official

or personal reasons;

and

3. Your questioning rea-

sonably creates the

perception of coercion

or influence, i.e., the

suspect would feel

obliged to answer your

questions because of

your rank, position, or

status.

When in doubt, call the

legal office before ques-

tioning. Statements ob-

tained in violation of these

rights will not be allowed

into evidence at a trial by

court-martial. A template

rights advisement card can

be found below, or by

searching “AFVA31-231”

on the AF e-publishing

website.

DISCLAIMER: Nothing in this newsletter constitutes legal advice.

sky-high interest rates and fees.

As uniformed servicemembers, you are

required to be financially responsible.

Sometimes, your financial irresponsibility

could amount to various violations under

Article 134 of the Uniform Code of Military

Justice. For instance, delivering a check

when you have insufficient funds (even if

unknowingly) could lead to an Article 134

charge, as well as if you deliberately fail

to pay a debt.

So, what else can you do when you’re in an

emergency for cash? Talk to your First Ser-

geant. He/she is a knowledgeable and

experienced military member with a

wealth of resources to help you out. There

are also great facilities on base, such as

the financial advisors at the Servicemem-

ber Family Readiness Center. There is

also the Air Force Aid Society — you can

get interest free loans and grants for things

like basic living expenses, emergency

travel, vehicle expenses, medical and

dental expenses, child care, moving ex-

penses, & other miscellaneous expenses.

If you were not aware, all trials by court

-martial are open to observers; there

are no sign-ups or notifications—just a

simple walk-in is acceptable. It can of-

ten be an interesting experience to

watch since military courts are struc-

tured differently than civilian ones—and

no, you will not hear the witnesses yell-

ing “you can’t handle the truth!”

If you are interested in stopping by to

observe a court-martial, you should be

aware that new guidance has been im-

plemented for courtroom security. At

McChord Field, the courtroom is locat-

ed in building 100 on the third floor. All

observers will need to go through a se-

curity screening. They will be wanded

before entering the courtroom, so en-

sure you look for posted signs directing

you to the security checkpoint. No

weapons of any type are allowed in the

courtroom without prior approval of the

Court and the Security Forces Squadron

Commander; violators will be subject to

disciplinary action.

These new security measures are not

meant to deter anyone from experienc-

ing the inner-workings of the military

justice system; rather, they are to en-

sure the safety of all individuals within

the courtroom.

Ever notice how many payday loan organ-

izations are around military bases? Ac-

cording to the Wall Street Journal, payday

loan organizations target servicemember

families twice as much as civilian families.

The preying on military members got so

bad that, in 2006, Congress stepped in

with the Military Lending Act (MLA),

which limited the APR (including fees) to

36% and required military-specific disclo-

sures. However, lenders still find loop-

holes. Even without these loopholes, 36%

is astronomical! The MLA is being expand-

ed to include more protections, some of

which will become effective in October

2016 and others in October 2017. None-

theless, you should still steer clear of pay-

day loan establishments. Even further,

watch out for cash advances with your own

bank — using your bank’s credit card to

draw cash at an ATM can also come with

Coming to Watch a Court-Martial?

$trapped for Ca$h? Don’t do this…

Page 3

“No weapons of

any type are

allowed in the

court room without

prior approval…

violators will be

subject to

disciplinary

action.”

“Sometimes, your

financial

irresponsibility

could amount to

various violations

under Article 134 of

the Uniform Code

of Military Justice.”

DISCLAIMER: Nothing in this newsletter constitutes legal advice.

McChord Field Satellite Legal Assistance Office

100 Col Joe Jackson Blvd, Suite 1082

JBLM, WA 98438

(253) 982-5513

Legal assistance is available to authorized DoD ID cardholders,

by appointment only, to discuss personal civil legal matters,

such as wills and estate planning, domestic relations, landlord/

tenant issues, & consumer affairs. Attorneys cannot discuss

criminal law issues, nor provide advice over the telephone.

Walk-in notary services & Powers of Attorney are available M-F,

0800-1600. Call to schedule an appointment for other matters.

McChord Field Office of the

Staff Judge Advocate

100 Col Joe Jackson Blvd, Suite 3031

JBLM, WA 98438

(253) 982-6305

The Office of the SJA only provides

legal assistance (Wills & Powers of

Attorney) for personnel departing

on contingency operations on short

notice who cannot be seen by the

satellite or the Fort Lewis Legal

Assistance Office.

Mon/Wed: 0730-1630

Tu/Thurs/Fri: 0730-1500

Online Legal Assistance

https://aflegalassistance.law.af.mil

Page 4

Did you know…

Roadway Construction Zones Gifts to Superiors

Has anyone else been frus-

trated with the ongoing con-

struction happening outside

the base? Well, don’t let that

frustration get the better of

you. In Washington, anyone

who has committed a speed-

ing infraction in a roadway

construction zone will be

fined twice the normal

speeding penalty under

RCW 46.63.110.

Have you been asked to con-

tribute money for a gift that’s

going to your supervisor? Sub-

ordinates may donate money

for a gift to superiors for special

and infrequent occasions, such

as PCS, retirement, or mar-

riage. However, there are some

rules. Contribution must be

completely voluntary. While a

person can choose to contrib-

ute more than $10, those indi-

viduals soliciting for the money

many only request $10 max. Al-

so, the value of the gift may not

exceed $300; as such, if more

than 30 people are contributing,

there’s no way everyone can pay

$10. Always talk to the legal of-

fice if you are unsure of the ethi-

cal rules.

DISCLAIMER: Nothing in this newsletter constitutes legal advice.