As a member of the Armed Forces, Reserves, National Guard or other uniformed services, you have legal protections for you and your family when you are called into active duty military service.
A law that provides many of these protections is called the Servicemembers Civil Relief Act (SCRA). This law was made to help protect members of the military and their family who may have trouble with financial and legal issues because of military service.
The SCRA does not stop the landlord from evicting you, but it does demand that he or she go through the court system to do it. However, if your landlord does go to court to try and evict you, the SCRA has some other protections that you may want to use. The SCRA requires landlords, in all states, to obtain a court order before evicting a servicemember or dependents during a time of active duty service. See 50 U.S.C. App. §331 of the Servicemembers Civil Relief Act.
Does this law apply to me?
To qualify for this protection, the following three conditions must be true:
- You are an active duty service member;
- The premises are used by you, your children or other dependants; and
- The rent does not exceed $3,329.84 (as of November 2015 – this limit may increase).
What does this form do?
This packet helps the servicemember draft a sample letter to the landlord explaining the protections provided by the SCRA. This is an easy-to-use interactive form. The program will create a letter and instructions. All you need to do is:
- Answer a few simple questions.
- Print out your form (letter and instructions).
- Proofread and sign it.
- Attach a copy of your orders.
- Attach a copy of the SCRA section provided in your packet
- Make copies for your own records.
- Send the original, with attachments, to your landlord.
- Interactive Form Packet is currently unavailable.
- Sample Form is attached.
IMPORTANT NOTICE: You must have Microsoft Word or Word Viewer installed on your computer to use the interactive form packet. You can download Word Viewer for free here.
You must have Adobe Reader to view the sample form packet. You can download Adobe Reader for free here.
Resource Date: November 2015
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