Legal assistance attorneys provide counseling and advice to tenants regarding standard lease provisions and issues. Specifically, legal assistance attorneys may review leases (including public-private venture housing leases); provide draft language for military clauses or other suggested modifications to leases; and advise clients on their rights, responsibilities, and remedies under local landlord-tenant law and the SCRA. Legal assistance attorneys may contact landlords on behalf of eligible tenants, and may negotiate settlements or provide advice to tenants who elect or are forced to elect alternative dispute resolution. Resources permitting and with written approval of their CO (or his or her designee) attorneys may represent tenants in alternative dispute resolution if that process will not require that the attorney be identified as an attorney of record in any current or prospective court proceeding. Unless properly authorized to provide ELAP, legal assistance attorneys must advise clients that representation will not include litigation and that civilian counsel may be necessary if negotiations or alternative dispute resolution efforts fail.
The only parties eligible for “landlord” legal assistance services are active-duty members or Reservists recalled to active-duty seeking to rent a former principal residence due to a pending PCS move. Authorized assistance includes preparation and review of leases; draft language for military clauses or other suggested modifications to leases; and advisement of the rights, responsibilities, and remedies under local landlord-tenant law and the SCRA. Legal assistance attorneys may also assist landlord clients in negotiating with tenants or prospective tenants and in the use of alternative dispute resolution procedures. Attorneys may not participate in alternative dispute resolution programs without the approval of their CO. Again, there must be no possibility that participation might result in consideration as an attorney of record in any existing or prospective court proceeding. As with tenant services, clients shall be advised that representation will not include litigation. As legal assistance services are not extended to business matters, services will not be provided regarding properties held primarily for investment or production of income.
Other real estate matters:
Legal assistance regarding other real estate issues are limited due to the fact that our Legal Assistance Attorney’s may not be qualified to provide real estate advice in the jurisdiction in which the real estate is situated. Our attorneys may be able to assist the client on matters such as Mortgage Payment and Foreclosure Issues.
The following documents, links, and general information provided below is for informational purposes only and does not represent legal advice from an attorney or the legal assistance office.
For further information please call the Legal Assistance office during regular working hours at (843)228-2559 or come in during our walk in hours every Tuesday and Thursday from 0830 to 1100.