Re: Tenant just texted me to move out today! (NJ)

Re: Tenant just texted me to move out today! (NJ) by Stephen (Washington (WA)) on June 18, 2018 @12:16

While I agree that the LL can not penalize a military member for exercising his rights under the Servicemembers Civil Relief Act (SCRA), I read the discussion above as questioning whether (and coming to the conclusion that) this servicemember had NOT exercised his rights under the SCRA. There are steps the servicemember must take and timelines he must follow to exercise his rights and it appears that those were not taken. Therefore, I don't see that actions taken by the LL that are the same as the LL would take for a non-servicemember would not be in violation of the SCRA.

While I think it would be nice for the LL to educate the servicemember as to what steps must be taken, I don't see that as a requirement. If the servicemember states that he is exercising his rights under the SCRA then perhaps the LL should advise him that he hasn't done it right and the LL doesn't see this as covered by the SCRA.

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Re: Tenant just texted me to move out today! (NJ) by MrDan on June 23, 2018 @12:51	[ Reply ]

If the landlord accepts the fact that the servicemember is breaking the lease under the SCRA (even if incorrectly done) the landlord then has a duty to comply with all requirements of the SCRA. That includes following how to handle security deposits and damages to avoid any violations. A landlord cannot claim to be ignorant of the law when presented with a lease break by a servicemember (especially since the landlord knows the tenant is indeed a servicemember). A landlord has the duty to mitigate damages and return the security deposit within 30 days. The landlord cannot just stand by and incur damages favorable to the landlord. If a non-servicemember tenant gave insufficiency short notice to break a lease, would not the landlord notify the tenant that improper notice was given? Landlords are required to act in good faith by law. They are also required to handle security deposits per their state law and cannot claim forfeiture of the security deposit. A study by HUD in 2014 points out that too many small landlords/property managers violate the SCRA that the Department of Justice, in 2015, set up a separate division to aggressively prosecute such violations of the SCRA. Courts constantly look to the landlord as the professional who should know and follow the appropriate laws involved in being a landlord. Landlords also have the ability to challenge a termination notice provided by a servicemember. To do so, a landlord disputing the lease’s termination must take legal action in the appropriate court before the termination date in the written notice. Verifying military service through the Servicemembers Civil Relief Act Centralized Verification Service is the best way to determine if a tenant is afforded the protection that falls under the legislation.

Re: Tenant just texted me to move out today! (NJ) - Landlord Forum thread 357779