Morning Folks...I know we have been over this territory before but it continues to occur from time to time so I figured now is as good a time as any to address it. This thing called the Servicemembers Civil Relief Act (SCRA)...federal law, Title 50 US Code. While there are a lot of protections this law grants, I want to focus on the portion pertaining to renting. In any event there are 3 basic things you need to know: 1. You can waiver the SCRA. If you see something in the lease that talks about waiver or modification of the SCRA you probably shouldnt sign it without talking to the HSO or legal first. If you do sign it with that waiver present you could be signing away rights that protect you in the event of deployment or PCS. (50 USC sect 517) 2. The landlord has got to go to court to have you evicted AND you have to be represented (you or an attorney). Default judgemnts are not allowed (landlord cant just say...oh, hes not here...I win...doesnt work that way)...(50 USC sect 521) 3. In the event of deployment over 90 days or PCS you can break your lease with a copy of the orders and a 30 day notice...THIS is where we usually run into the biggest problem. Too many landlords (and lawyers for that matter) think that PCS simply means moving from one duty station to another and doesnt include ETS, retirement, etc....YES, it does. The Joint Federal Travel Regulation (JFTR) in Appendix A, Definitions is clear in what constitutes a PCS. Further, the courts have ruled (U.S. vs Empirian Property Management) that PCS includes things like separation from the service under honorable conditions, retirement, etc. (50 USC section 535) Failure to return a security deposit (minus legitimate damages), to hold a persons property, or otherwise refuse to return a tenants belongings is a criminal act under title 18 USC (50 USC section 535h(1) when a servicemember or dependent breaks their lease IAW the SCRA. If any of this stuff happens, please contact our office or legal.
Posted on: Tue, 16 Dec 2014 14:06:58 +0000
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