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Re: CAn I evict active military? - Landlord Forum thread 249447

Re: CAn I evict active military? by Anonymous on February 29, 2012 @23:23

                              
Be very careful in some circumstances you can’t evict active duty military. Take a look at this web page.

http://www.mncourts.gov/selfhelp/?page=1803

Protection from Eviction: A service member and his or her dependents may be protected from eviction during active duty under certain circumstances. See SCRA § 531.

http://www.law.cornell.edu/uscode/html/uscode50a/usc_sec_50a_00000521----000-.html

I spent 30 years in the military the first thing I would do would be to make contact with the military service he is in if you know. The military normally takes a dim view of its members when they bring discredit on the service by not taking care of their financial obligations.

If you are starting a legal action in court, the law may require you to file an affidavit stating the military status of the parties in your case. To find out if someone is in the U.S. military on active duty, contact the following agency:

Defense Manpower Data Center
Attn: Military Verification
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
Tel: (703)696-6762 or -5790
Fax: (703)696-4156
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Re: CAn I evict active military? by Bryan (Ia) on March 1, 2012 @01:28 [ Reply ]
Evictions from leased housing. service member may seek protection from eviction under SSCRA. The rented/leased property must be occupied by the service member or his/her dependents for the purpose of housing, and the rent can not exceed $2,400 (for 2004 -- the actual amount is automatically adjusted each year, by the inflation rate). The servicemember or dependent who has received notice of an eviction must submit a request to the court for protection under the SSCRA. If the court finds that the service member’s military duties have materially affected his ability to pay his rent timely, the judge may order a stay, postponement, of the eviction proceeding for up to 3 months or make any other “just” order.

Source: http://usmilitary.about.com/cs/sscra/a/scra2.htm

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