Help Evicting a Military Family
Investor · Bronx, NY · Member since 2014 · 115 posts · 37 votes
Hello BP Family,
Has anyone had to evict a military family? After two months of tenancy, I've decided to evict my tenants, a military family for non payment of rent & unfit living conditions. During a site visit of the premises, I observed hoarding conditions of my newly renovated unit. After giving them a notice to vacate premises, they have repeatedly called/texted me with which I believe are erroneous claims. For example water leaking from upstairs. I sent someone to assess the condition and they would not allow them inside. I refuse to answer any calls from them or respond to their texts.
I blame myself for not doing a better job of tenant due diligence & screening. I have filed papers for summary ejectment. I believe they are professional tenants! Someone suggested that I reached out to the JAG Millitary Headquarters about this situation and possible reimbursement for damages. Has anyone reached out to the Military regarding their difficult tenant, non payment of rent and property damages.
Thank You
Bridget
Never had to do it myself but try to get in contact with their CO. Pressure from that end may help them see the light.
Are they active duty? The Servicemembers Civil Relief Act provides special protections to active duty military. The law allows courts to postpone for up to three months and sometimes longer at the judge's discretion, some evictions for nonpayment of rent.
The law does not prohibit evictions, and the tenant is still responsible for the rent they owe, but the landlord is required to inform the court of the tenant’s active duty status. The judge would then decide if the tenant's military service affects their ability to pay the rent, and whether to stay the eviction or allow it. Landlords who do not follow the law can be hit with fines and/or jail time.
As always, don't trust the internet, seek professional advice. Good Luck!
@Bridget Smith-Osbourne - I’m active duty Army. As Matt mentioned the SCRA does allow evictions that are court ordered. If this family is active duty it is unlikely (but not impossible) that military service is affecting their ability to pay rent. That clause generally applies more for those in the National Guard or Reserve who are activated for a long period of time (thus may have to take a leave of absence from a high paying job).
I’d first recommend contacting the service members chain of command (their Commander and / or First Sergeant) like Peter said. Their leadership has a vested interest in this family not being evicted but also the hoarding is a safety issue they can address.
Feel free to contact me if you have any specific questions about how to contact the leadership.
Matt Shields..........Yes the husband is active duty and I believe they are going to try and use his military status to wiggle themselves out of this situation. The wife is a stay at home mom. They have informed me that they are not leaving their home. Rent collection is via my bank account. They have not paid Since July. They wanted to make a partial payment because dad has Cancer & is without food. I informed them that we do not accept partial payments. So their claim is that I refuse to accept their rent. I can not stop them from depositing their rent into my account if they choose to do so.
@Matt Shields ....Since the property is located in a heavily populated Military town, verification of a tenant's Military status is new requirement of any summary ejectment.
Hello BP Family,
Has anyone had to evict a military family? After two months of tenancy, I've decided to evict my tenants, a military family for non payment of rent & unfit living conditions. During a site visit of the premises, I observed hoarding conditions of my newly renovated unit. After giving them a notice to vacate premises, they have repeatedly called/texted me with which I believe are erroneous claims. For example water leaking from upstairs. I sent someone to assess the condition and they would not allow them inside. I refuse to answer any calls from them or respond to their texts.
I blame myself for not doing a better job of tenant due diligence & screening. I have filed papers for summary ejectment. I believe they are professional tenants! Someone suggested that I reached out to the JAG Millitary Headquarters about this situation and possible reimbursement for damages. Has anyone reached out to the Military regarding their difficult tenant, non payment of rent and property damages.
Thank You
Bridget
I haven't dealt with this myself BUT have heard from other investors that contacting their commanding officer is the way to go. He or she (and the military in general) have an interest in a solider paying their rent, and will generally take action to figure out what is going on. It's unfortunate you are dealing with this, but don't get down about the mistake. We are all human - you'll know better for the next one. Good luck!
While the above comments are intended to offer advice for the landlord to recoup their lost rent, or successfully collect rent, there are some significant misconceptions about the role the military can play in this case. Speaking from experience, the Soldier's commanding officer does not have any legal authority in this case, cannot "force" payment of rent or any other debts, and will only look after the well being of the Soldier...not the landlord. Civil matters are just that, civil between a tenant and landlord.
If the chain of command gets involved, your interests are the last of their concerns.
I'd also seriously question excuses for non-payment of rent...I've heard some good ones from Soldiers.
My advice is to call a local, respectable real estate attorney and have them walk you through the process of eviction. They're going to cost a pretty good chunk of change, but it'll probably be less than the rent you lose in the long run.
I think you're doing the right thing to not accept partial payment. Sometimes people tend to think that all military members are saints, and won't possibly do anything to burn them. However, service members are just like the rest of the population, and can take advantage of generous landlords. Remember, it's your money and assets. You don't owe anything extra to a service member than you would anyone else. But you do have to follow the law and the extra steps involved in evicting military tenants.
Good luck.
As a military officer i can tell you that i'd be all over the service member in this situation. The problem is that power is somewhat limited in the civilian sphere. He can, however, revoke the service members ability to live off post (assuming you are somewhere that has on-post housing) which is what i'd suggest doing so you can free the place up. This soldier probably has other issues as well
In your case, it sounds like the CO may be trying to help you out, but trust me, his/her real concern is for the service member, and keeping him/her out of financial trouble. That's not to say you can't make leeway with the chain of command. It's just they don't have any authority to actually FORCE a tenant to pay his/her rent. The commanders can talk all they want, but nothing they do can coerce money to move from the service member to you. As a side note, the CO's boss doesn't give a care in the world. I wouldn't put a lot of weight behind that "guarantee."
Back to the original posting, if this tenant has only been there a month, and can't come up with the rent, there are probably some underlying problems and a lack of financial discipline. Regardless of what the service member or chain of command says, it's probably best to cut your losses, because it's bound to happen again. Now I could be wrong, but the statistics say the problem isn't going away soon.
I thought with rentals to military personnel, the housing allowance that covers the rent can be paid directly to the landlord. @Jack P. is that possible?
I thought with rentals to military personnel, the housing allowance that covers the rent can be paid directly to the landlord. @Jack P. is that possible?
Service members receive a basic allowance for housing (BAH,) that is commensurate with the location and their rank, as part of their compensation. Most of the time they receive BAH as a disbursement along with their normal pay. However, if the system is set up, the service member may have a payment directly transferred to a designated recipient. In short, an allotment that gets subtracted from the paycheck before the service member has access to it.
Most of the time service members just have the BAH amount deposited directly into their bank account, along with the rest of their paycheck. Then it's on the individual to pay their bills like a good citizen.
If you're a landlord and want your military tenant to directly deposit their rent to you, that is a possibility. You just have to have them fill out the correct forms.
@Brian Mcmenamin......Yes I did get a copy of his Military Leave & Earnings Statement. His income is more than enough to pay his $600 a month rent. I seriously believe there are some other underlying issues with this couple. The wife is extremely hyper active and is constantly moving about when holding a conversation. The premises is a mess! I am not interested in them as a tenant base even if they paid their rent on time. They sold me on the fact that they are a Military Family and I did not do my proper due diligence. Trust me this is not the 1st time that they are being evicted.
@Jack P.......My tenant receives a BAH which is twice the amount of his $600 rent. He receives the BAH in addition to his normal pay. His salary is much higher than my other tenants living in the same quadplex, whom have no issue paying.
Renting to servicembers seems like a real headache. Way too many of these stories lately.
My advice would be to treat service members the same as everyone else. Most are upstanding citizens who don't generate any issues. But, like with the rest of society, there are outliers who cause you a bunch of problems. The difference is that active duty and mobilized reservists are protected by additional laws that protect tenants. Like every other circumstance, you just have to understand those laws and abide by them.
The vast majority of service members follow rules and abide by all the terms of their leases...but there are exceptions. No different than the rest of the population. Remember that it's against the law to discriminate against an applicant because they are in the military. However, the normal background and credit checks will almost always weed out undesirable applicants. Bottom line, treat service members just like everyone else. Don't make exceptions.
When I served, I made damn sure I paid my bills off base, and rent especially. Didn't want or need the world of hell that would have rolled down on my sorry backside. That goes for 99% of those in uniform. But like the civilian world, there is always that one guy.
The trick would be navigating 'proper channels' to get to this guys CO. But I have to believe, if this is a major installation, there is some kind of community relations or public affairs office where the locals can call and ask to be referred to the 'proper channels'. Unless you know what unit he/she serves in -- then you just there and ask for the office on duty. Then your tenant's world turns real ugly real fast.
Hey @Chris Watson, got a question for you:
What does it mean to 'secure the building' in your branch of the armed services?
If you are in the Navy, it means turn off the lights, lock the door, close up and shop and head to the club for a beer.
If you are in the Marines, it means storm the building, kill everybody inside and hold for reinforcements to arrive.
If you are in the Army, it means put a 24 hour guard on it, and don't let anybody access without proper authorization.
If you are in the Air Force, it means get a 5 year lease on the building, with an option to buy.
Just messing with you.
I was in the Navy, and nothing would have been worse than some Senior Chief getting in my business. And like you, I would be plenty happy to have service members as tenants.
If you consult a lawyer, make sure they understand the details of the Soldiers and Sailors Civil Relief Act. If the active duty service member entered into the contract after they begin active service, then some of the protections do not apply. The military is absolutely a cross-section of society.
An advantage you have is with proper documentation of the rent owed and damages getting you a judgment in civilian court, you can send the paperwork to the Defense Finance Accounting Service to process a garnishment against his wages where 25% of his "disposable" income will be garnished monthly until you get paid back. This will include the interest rate awarded from the court while you wait to get paid. In the military, disposable income is the total of his paycheck. I spent the first eight years of my military career processing things like this so let me know if you have any specific questions or concerns.
I know its been mentioned trying to get a hold of the higher chain of command. They may or may not try to get involved since after all that soldier is their investment.
While higher command has no legal grounds on their soldier not paying rent they can certainly “rattle the cage” and get things progressing.
I can tell you from my own past active duty experience, if my LT was chewing me out for anything i got my s**t together in a hurry.
Its a point of professional pride and dignity that an active duty member gets there personal life in order and set the example. At least for me it was.