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Servicemember Civil Rights Act: Relief When You Are A Renter

Posted by Susanna Haynie on July 6, 2012
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service member relief act helps active duty militaryUnder the SCRA you and your family members cannot be evicted if they lease a house or apartment and cannot make rent. You also have the right to terminate our lease  when you receive PCS orders or wen you are deployed to a new location for 90 days or more. You or your dependents MUST occupy the house. For all your legal questions find your closest legal office here

Terminating Your Lease

You may terminate your residential lease if (all of the following)

  • you entered into the lease BEFORE your call to active duty
  • you signed the lease or it was signed on your behalf
  • you are currently serving or you were called to active duty for 180 days or more.

Terminating Your Lease

If ANY of the following occur:

  • You have received PCS orders
  • You are deployed for 90 days or more

You must provide the landlord with a written notice AND a copy of your PCS orders.

Eviction

SCRA ensures that

  • landlords have to obtain a court order in order to evict you or your dependent.
  • upon your request an eviction order can be delayed for 90 days or the court may decide whether to postpone an eviction and for how long.
  • you cannot be evicted if you prove that the military duty significantly reduces your ability to make rent.
  • your landlord may be subject to fines or even imprisonment if he tries to evict you regardless of your situation.
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Are you active military? Consider yourself protected