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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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