Uncategorized October 13, 2011

Military Eviction: true or false?

That 2011 changes to the Servicemembers’ Civil Relief Act give active military personnel additional protections? The act allows for servicemembers to terminate a lease in cases of deployment or reassignment. The act also gives servicemembers certain protections from eviction.

A servicemember may terminate a residential lease for three reasons: entering active duty, permanent change of station orders, or orders to deploy for a period of not less than 90 days.

Servicemembers may seek protection from eviction under the SCRA. The leased property must be occupied by the servicemember and/or dependents as a residential dwelling. The servicemember or dependent who has received an eviction notice must submit a request to the court to be protected under the SCRA. If the court determines that the servicemember or dependents are unable to pay their rent on time as a direct result of the servicemember’s military duties, they may order that the eviction be postponed for up to three months.