Eviction process and military affidavit

[Edward Westwood]

I live in Maryland and have a tenant we are trying to evict due to late rent. I cannot get or currently have her ssn # or birthday. Judge asked for a military affidavit to show that she is not active duty. I cannot obtain this piece of information unless I have her ssn and birthdate. Any suggestions on how to proceed? I very new to being a landlord and am guilty of not going through the necessary process initially. Any suggestions would be greatly appreciated 

[Levi T.]

This is not legal advice... In Virginia, the military affidavit is just a form stating you have no knowledge of each defended in a suit is, or is not in the military. For example, I could put "Tenant is not military to my knowledge, because they did not disclose that that they are active military on their lease or rental application, or at anytime did they disclose such information while renting with us".  The courts will process that form and the defendant will have a chance to raise that if they are otherwise. Key element is to be truthful, and not make a false claim.

I think this is the form your looking for, I could be wrong: http://www.courts.state.md.us/district/forms/civil/dccv001f.pdf

[Levi T.]

This is not legal advice... In Virginia, the military affidavit is just a form stating you have no knowledge of each defended in a suit is, or is not in the military. For example, I could put "Tenant is not military to my knowledge, because they did not disclose that that they are active military on their lease or rental application, or at anytime did they disclose such information while renting with us".  The courts will process that form and the defendant will have a chance to raise that if they are otherwise. Key element is to be truthful, and not make a false claim.

I think this is the form your looking for, I could be wrong: http://www.courts.state.md.us/district/forms/civil/dccv001f.pdf

[Tyler Sterns]

There are companies that are able to perform SCRA searches without a social or birthdate. I've used Service Members Civil Relief Act Centralized Verification Service many times in the past. You could also order a skip trace from a process server and get their SSN.

[Edward Westwood]

I appreciate the input. Very helpful

[Brian Pendergraft]

There's a box that you can check off if you don't know whether or not the tenant is active duty military.  I've had to check it off a few times and so far I have never been denied possession.  But I primarily do failure to pay rent cases in Prince George's County and I'm in Anne Arundel County much less often.  Maybe it matters more over there.

Just so I'm clear on what happened at your court date, the Judge refused to grant you possession because you did not know whether or not the tenants were active duty?

Also, in the future, have language in your lease agreements to verify whether or not your tenants are active duty military.  This way you can rely on the lease to know the answer to the question for future failure to pay rent filings. 

[Edward Westwood]

I was able to obtain the information I needed to process through the DOD. Thank you for the feed back