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Landlords sometimes abuse tenant’s rights. However, under military law tenants get protection from this kind of abuse. Legal issues might arise while dealing with tenant rights since military law and civil law are quite different. This article provides answers to some of the most commonly asked questions about issues related to this. Does a soldier have the right to break a lease if they are not going to be gone for over 90 days?
Usually, you have to be gone for at least 90 days if you plan on using the SCRA. Once the training of a person is finished they will go to their AIT, which will take them past the 90 day mark. However, if you join the military after signing a lease, you may use the SCRA to end your lease without having to submit to the 90 day rule. Is there any way to extract a military tenant from a rental home? The tenant hasn’t paid rent for the last 8 months.
You can take some steps to remove a military tenant from a rental if the person is avoiding you and not paying rent. Firstly, you have to serve them eviction papers. If the person is in the states, try to find them and ask their commander to speak with the person. Though it is not obligatory on the part of the commander to speak to the tenant on this, but they usually help in such situations. Once the person is located, you can serve the eviction papers to him. After the notice is served, the court starts the eviction process. How can a tenant be tracked down to get my past due rent when the Navy isn’t helping me with the information on how to find him?
You may need to hire a private investigator to track down the tenant. Maybe the Navy would not help you in tracking the person if they have not done so far. The law does not stipulate the military to provide information about any member of their own. If you want to take him to court, you have to serve the papers. If you are persistently refused help by the Navy, a private investigator may be the only way out. In Florida, where two persons are renting a home and one of them leaves for the military, is the person who didn’t enlist responsible for the lease?
In case two persons had rented a home and one of them joins the military, the person who didn’t join is also equally liable for the lease. However, the SCRA usually applies to those who are serving in the National Guard receive Title 10 federal orders. In case the person doesn’t have Title 10 orders, the Florida statute will be applicable, but only if the orders required the person to move. Can a landlord who is an officer in the Army Reserve, hand serve eviction papers through an SFC? I was behind on the rent and the landlord told me that she wanted to draw my attention.
Usually, it is not proper for an officer to behave like this. An officer is not supposed to use their uniform to conduct any personal business. The officer should also not use the service of their enlisted soldiers to serve eviction papers. In case, the tenant is 18 years old or older, the papers can be served. You may speak with the command officer and inform them of the officer’s conduct. Your landlord has the right to serve you eviction papers but without using military influence. Many issues can arise with regard to understanding of a military tenant’s rights. If you have doubts about your rights as a tenant or are faced with a situation where you feel perplexed as to what to do, you may ask a military lawyer to decide the best course of action and act accordingly.
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