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Reply #18: and then the soldier has to follow the law, too [View All]

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harpboy_ak Donating Member (437 posts) Send PM | Profile | Ignore Fri Dec-24-04 07:06 PM
Response to Reply #7
18. and then the soldier has to follow the law, too
> Then, at that hearing, assuming the tenant loses (it IS Texas,
> after all!), they have 5 days to clear our their own stuff. If
> they fail to do so at the end of that five days, their stuff can
> be cleared out and put in storage, where it must remain in
> reasonable security for them to reclaim within 30 days.

yep, as the manager of 500 units, i can tell you that we *never* enter a tenant's unit without either permission or a court order, and we can only seize property with a court order and a writ of assistance and a process server or police officer here in alaska.

we allow service members to break leases in accordance with the law, which requires that we do so if it is due to a call to active duty or a deployment.

on the other hand, the military tenant needs to go through certain hoops to gain eviction relief for non-payment of rent.

The Army's JAG Corps office on their official website http://www.jagcnet.army.mil/JAGCNETInternet/Homepages/A...

sez:

"Eviction for Nonpayment of Rent

Although the SCRA does not excuse soldiers from paying rent, it does afford some relief if military service makes payment difficult. Military members and their dependents (in their own right) have some protection from eviction under the Servicemembers Civil Relief Act (SCRA), Section 301.

The landlord must obtain a court order to evict a military member or his/her dependents. The court must find the members failure to pay is not materially affected by his/her military service. Material effect is present where the service member does not earn sufficient income to pay the rent. Where the member is materially affected by military service, the court may stay the eviction ( three months unless the court decides on a shorter or longer period in the interest of justice) when the military member or dependents request it. There is no requirement that the lease be entered into before entry on active duty, and the court could make any other just order under 301 of the SCRA. The requirements of this section are:
(1) The landlord is attempting eviction during a period in which the service member is in military service or after receipt of orders to report to duty;
(2) The rented premises is used for housing by the spouse, children, or other dependents of the service member; and
(3) The agreed rent does not exceed $2,400 per month. Soldiers threatened with eviction for failure to pay rent should see a legal assistance attorney. (The amount is subject ot change in future years and as of 2004 the ceiling is $2465.00)."

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  -Landlord arrested for seizing soldier's property rainbow4321  Dec-24-04 04:23 PM   #0 
  - Tis the season for repuclican seizure and foreclosure.  Vidar   Dec-24-04 04:26 PM   #1 
  - Betcha the manager is a republican  Itchinjim   Dec-24-04 04:27 PM   #2 
  - Military or not  Pithlet   Dec-24-04 04:31 PM   #3 
  - Didn't you get the memo?  NYC Liberal   Dec-24-04 04:32 PM   #4 
  - And so has the Soldiers and Sailors Civil Relief Act  jmowreader   Dec-24-04 04:35 PM   #5 
     - actually  qazplm   Dec-24-04 04:44 PM   #8 
        - But they really defanged it in other areas  jmowreader   Dec-24-04 05:01 PM   #12 
  - That depends on where you are  proud2Blib   Dec-24-04 04:36 PM   #6 
  - That's not what happened.  Pithlet   Dec-24-04 06:27 PM   #16 
     - I'm manage apartments in California  ariesgem   Dec-24-04 08:07 PM   #21 
     - But he didn't abandon the apartment  Pithlet   Dec-24-04 09:55 PM   #24 
        - He didn't abandon the apt, the guy was evicted for non-payment of rent.  ariesgem   Dec-25-04 03:02 AM   #29 
           - It doesn't say that in the article  Pithlet   Dec-25-04 03:46 PM   #32 
     - I guess I had the impression  proud2Blib   Dec-25-04 03:31 PM   #31 
  - Don't Bet on it  happyslug   Dec-24-04 05:07 PM   #13 
     - That is not true.  Pithlet   Dec-24-04 06:34 PM   #17 
        - Do you practice Landlord Tenant law???  happyslug   Dec-24-04 08:17 PM   #22 
           - Everything I have looked up (! ! !)  Pithlet   Dec-24-04 09:50 PM   #23 
           - before you shout "do you practice"  kgfnally   Dec-25-04 12:42 AM   #27 
              - I agree  happyslug   Dec-25-04 07:44 PM   #33 
  - Sorry, this ain't legal in Texas, even for non-soldiers:  mbperrin   Dec-24-04 04:36 PM   #7 
  - to my knowledge, it's not legal anywhere . . .  OneBlueSky   Dec-24-04 04:48 PM   #9 
  - Shame on these people! I remember in my grandpa's day...  Maat   Dec-24-04 04:55 PM   #10 
  - I am enrolled in paralegal studies  TheCentepedeShoes   Dec-24-04 06:17 PM   #15 
  - and then the soldier has to follow the law, too  harpboy_ak   Dec-24-04 07:06 PM   #18 
  - I think there's a step in here we missed. Once they serve the tenant with  zann725   Dec-24-04 11:07 PM   #26 
  - I like the Defense, the landlord had not been told.  happyslug   Dec-24-04 04:55 PM   #11 
  - Go to war with the money you have, not the money you would like to have.  jody   Dec-24-04 05:18 PM   #14 
  - ROFLMAO!  pfitz59   Dec-24-04 07:20 PM   #19 
  - Are people ruthless or what? I'm sure the G.I. told this scum sucking  0007   Dec-24-04 07:56 PM   #20 
  - Such a lovely woman. Maybe we should give her a call?  Dem2theMax   Dec-24-04 10:19 PM   #25 
  - Its good to see that the law works sometimes....  Jack_DeLeon   Dec-25-04 01:59 AM   #28 
  - For once I agree with the law-and-order types  wryter2000   Dec-25-04 12:31 PM   #30 
 

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