Eviction Prevention Provisions under the Servicemembers Civil Relief Act

U.S. Military service members sacrifice a great deal to serve and protect our country and freedoms. These men and women leave their families, put their lives at risk and oftentimes endure great hardships while on active service. Servicemembers should only be focused on doing their job safely and returning home to their loved ones as quickly as possible. They should not be burdened with other worries as well, such as their family being evicted while they are away. 

SCRA laws were designed to offer certain protections and benefits to active service members. One of the biggest potential benefits is eviction prevention. 

Can A Service Member Be Evicted?

Evicting an active servicemember is far more difficult than the eviction of a non-servicemember. To evict a servicemember or their family, the landlord must obtain a court order to do so, according to military.com. A court can block the eviction for three months or possibly longer, if they decide that your military service has impeded your ability to pay the rent. According to SCRA law, a court order must also be obtained prior to the sale of belongings in a storage locker that is past due on rent. The law is designed to allow a judge to decide if your military service is preventing payment, through the inability to pay or even because of long mail routing times. 

That being said, however, it is possible to evict a servicemember if the right steps are all followed to the letter. It is critical, therefore, to respond to all write notices as quickly as possible and to stay abreast of what is going on. 

What If I Am Being Evicted Illegally?

If you believe you are being illegally targeted for eviction, you must take action. The worst possible thing you can do is sit by and do nothing. Although you may be able to do a lot of research online at no cost, your best bet is likely to speak with an experienced attorney who is very familiar with SCRA guidelines and rules. A licensed attorney can not only walk you through the dos and don’ts of evictions, but they may also answer any questions you may have and even discuss with you how to obtain a remedy from the creditor. When it comes to your eviction or the eviction of your dependents, you need an expert attorney on your side to keep the law fighting for you. 

Give us a call today to discuss your situation or visit us online at Bell Law, LLC. Our experienced staff is here to assist you and can answer any questions or concerns you may have about SCRA eviction laws and regulations. Don’t wait for an eviction to take place, learn what your rights are today and fight back.

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