can't evict a military tenant-true?

Question

my tenant who I plan to evict just told me he will start basic training in 3 weeks and deploy end

of august.

Is it true i will not be able to evict him now because of his military status? what if the eviction has already begun?

Greg H. · Answer

Active duty military are covered by the Servicemembers Civil Relief Act which in some cases can delay an eviction for active duty personnel but it will not prevent one. Why would you not file the eviction now as he is not active duty until he is sworn in?

FYI- No way he will be deployed in August as basic training is 8 weeks followed by AIT which is a minimum of 8 weeks

JD Martin · Answer

When I was in the military (Navy), and granted I've been out for 25 years, you didn't have to worry about evicting someone in the military because all you had to do was file at their command and, once proven, the money would be automatically garnished from their pay. That was one reason a lot of squids ended up driving $5000 Yugos and Chevettes. Once you signed your John Hancock to something legal, the military didn't allow you to abscond from your debt. And, as Greg said, if he's leaving for the military in 3 weeks, he won't be ready for deployment until at least the fall.

PS: You're not actually "in" the military until your in-service date starts. In some cases, that might mean you're sitting at home but still considered "in" - my in-service date started in July, but because my training group wouldn't assemble until August, I was home for about a month before I shipped to boot camp. In the meantime, I was told by the military to not do any drugs, get any tattoos, or get in any trouble, and they gave me another physical the day before I boarded the plane for basic, and also gave me "back-pay" for the time I was at home, technically the "property" of the military.

Robert Melcher · Answer

My exposure is like this:

The serviceman's civil relief act makes provisions for early lease termination with orders for deployment more than 50 miles from the current duty station.  They do have to give proper notice and they are responsible for rent until the notice period is up, 30 days per the act , plus some other conditionals such as providing PCS or deployment orders.

Eviction is allowed for breach as it normally would be, and joining the military will not stop the eviction if he is in default.

Steve Sprowls · Answer

If he hasn't left for Basic Training yet, then he is not in the military.  Do what Theresa said, ask for a copy of his orders and a phone number to the recruiter.

Then contact the recruiter. They'll set him straight very quick.  They might even set it up to where you'll get paid back rent.

If not, strongly suggest that he move out early. Otherwise he'll be evicted while he is at training and will lose all of his items.

Either way, it sounds like he is taking advantage of his military status to take advantage of you. Call the recruiter.

I'm retired Air Force, but started out in the Army.

Allison Karrels · Answer

If he is the only person living there perhaps you can avoid the expensive eviction and just agree in writing that he ends the lease in 3 weeks and never returns.  I would ask him for a copy of his orders to prove what he is saying is true.  I would also ask him for his recruiters name so you can inform him about the eviction - I don't know what job he is going into but they really frown on people with major money issues if he will need any sort of security clearance.

Walter Key · Answer

It is NOT true. A military tenant may have some protections that will allow them to break a lease if deployed early. This should be written into the lease as a military clause. If a military tenant is violating the lease agreement, you have the same rights as a landlord as you would any other tenant.

Further more, if your tenant INTENDS to join the military...he is NOT military yet. Again, if he's violating the lease and your state landlord laws allow for eviction based on the violations thus far, by all means evict.

DISCLAIMER; I'm not a real estate attorney and I have no experience with New York rental law. I am however a Senior Enlisted Leader with  16.5 years of active duty service.

Jacob Pereira · Answer

Congratulations! You have either avoided messy evictions proceedings and will get your tenant out much sooner than you would have otherwise been able to, or you can apply for an involuntary allotment for his debt, although to do that you will need to get a judgement against him. I'm not sure exactly what the process is there, but I remember my bunkmate having to pay an involuntary allotment due to a debt he owed back when I was in the service.

Kerry Baird · Answer

SCRA

Special Treatment for Tenants

Many active duty members may also be able to terminate lease obligations and avoid eviction.

Cancellation of Residential or Commercial Leases

Tenants who enter active military service after signing a lease or  rental agreement have a right to get out of their rental obligations.  This is true for both residential and commercial (business) leases. You  must mail written notice of your intent to terminate your tenancy, along  with a copy of your orders, to the landlord or manager.

• Month-to-month rental agreements. Once the notice  is mailed or delivered to the landlord or manager, the tenancy will  terminate 30 days after the day that rent is next due. For example, if  rent is due on the first of June and you mail a notice on May 28, the  tenancy will terminate on July 1. This rule takes precedence over any  longer notice periods that might be specified in your rental agreement  or by state law. If state law or your agreement provides for shorter  notice periods, the shorter notice periods will control.
• Leases. Once the notice is mailed or delivered, the  tenancy will terminate 30 days after the day that rent is next due. For  example, suppose a tenant signs a one-year lease in April, and rent is  due on the first of the month. The tenant enlists or is called up on  October 10. If the tenant mails a termination notice on October 10, the  lease terminates on December 1, which is 30 days after the first time  that rent is due following the mailing of the notice (November 1). This  tenant will have no continuing obligation for rent past December 1.

Delaying Eviction for Nonpayment of Rent

The SCRA requires courts to postpone (stay), for up to three months, some residential evictions for nonpayment of rent.

Which tenants are affected? The SCRA applies if your  spouse, children, or other dependents occupy the rental unit during a  period of military service. (A dependent is someone you've supported in  the past 180 days, by paying more than half of that person's living  expenses.)

Rental amount. The Act's protections apply when the  rent is $2,400 per month or less. That figure -- chosen by Congress in  2003 -- is adjusted to account for inflation or cost of living  increases.

The effect on an eviction lawsuit. The Act does not  prevent a landlord from serving a termination notice for the nonpayment  of rent. But a landlord who has filed suit must tell the court that the  tenant is an active service person (so be sure to notify your landlord  when you are activated). The judge will decide whether the service  person's status in the military materially affects his or her ability to  pay the rent. If the judge determines that it does, the judge may stay  the eviction for up to three months. If the judge decides otherwise, the  lawsuit will continue and may result in an eviction.

Requisitioned Pay

The Secretary of Defense or the Secretary of Transportation may order  that part of your pay be allotted to pay the rent. For more information  on tenant issues, see Nolo's Renters' & Tenants' Rights area.

can't evict a military tenant-true?

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