Military renter help (lease, tenant, eviction, lend)

[tknd2]

Quick question, I recieved a letter in the mail yesterday saying that my lease would not be renewed in July. I called my property manager and was told that the owners of the home were either coming back or selling the property. I am deploying in 10 days. Is there anything I can do to hold this over until I get back?

[Rakin]

I doubt it. Do you have friends or family that can give you a hand ? Can you rent a POD & get your stuff stored quickly.

I would talk to the landlord but sounds like they want their home back.

BTW, Thanks for your service.

[tknd2]

I have a wife and 2 small children. I don't have the option of storing everything. My nightmare is that she will have to handle moving all by herself.

[Rakin]

Originally Posted by tknd2

I have a wife and 2 small children. I don't have the option of storing everything. My nightmare is that she will have to handle moving all by herself.

Any fellow service members available to lend a hand ? Family ?

This is where you need a hand.

[NY Annie]

Go to the chaplain's office, that's one of their functions.

[Singlelady10]

Originally Posted by tknd2

Quick question, I recieved a letter in the mail yesterday saying that my lease would not be renewed in July. I called my property manager and was told that the owners of the home were either coming back or selling the property. I am deploying in 10 days. Is there anything I can do to hold this over until I get back?

The Soldier and Saliors Civil Relief Act provides some protection.
Call JAG ASAP for they can tell you what your next steps should be.

The Soldiers and Sailors Civil Relief Act (SSCRA)

If you wish to just move.

Go to Deprecated Browser Error

This helps you find properties for rent near military bases.


(a) No eviction or distress shall be made during the period of military service in respect of any premises for which the agreed rent does not exceed $1,200 per month, occupied chiefly for dwelling purposes by the wife, children, or other dependents of a person in military service, except upon leave of court granted upon application therefor or granted in an action or proceeding affecting the right of possession.

(b) On any such application or in any such action the court may, in its discretion, on its own motion, and shall, on application, unless in the opinion of the court the ability of the tenant to pay the agreed rent is not materially affected by reason of such military service, stay the proceedings for not longer than three months, as provided in this Act, or it may make such other order as may be just. Where such stay is granted or other order is made by the court, the owner of the premises shall be entitled, upon application therefor, to relief in respect of such premises similar to that granted persons in military service in sections 301, 302, and 500 of this Act [50 U.S.C. App. §§ 531,532, and 560] to such extent and for such period as may appear to the court to be just.

(c) Any person who shall knowingly take part in any eviction or distress otherwise than as provided in subsection (a), or attempts so to do, shall be fined as provided in title 18, United States Code, or imprisoned not to exceed one year, or bot

This section protects service members and their dependents from eviction for nonpayment of rent. It provides criminal sanctions for those who knowingly take part in the eviction or attempted eviction of the spouse, children, or other dependents of a service member from any premises occupied as a dwelling and rented for less than $1,200 per month. In these circumstances, a landlord must obtain a court order authorizing an eviction. The Act does not define the terms "eviction" and "distress," but the courts have applied their commonly accepted meanings in deciding cases arising under this section.

Application. The provisions of this section apply when the following conditions exist:

(1) A landlord attempts an eviction or distress during the period of military service, or after receipt of orders to report to duty as provided in section 106 of the Act;

(2) The premises are occupied as a dwelling by the spouse, children, or other dependents of the service member; and,

(3) The agreed rent does not exceed $1,200 per month.

[STT Resident]

^^^
I'm not sure what this has to do with the OP's situation. He's not being evicted, he's being told that when his lease term is over it won't be renewed.

[Singlelady10]

Originally Posted by STT Resident

^^^
I'm not sure what this has to do with the OP's situation. He's not being evicted, he's being told that when his lease term is over it won't be renewed.

Eviction is not just about not paying rent in most states. In depends on what state applies here. The SSCRA will protect him more than if it was just a civilian case. Note that the SSCRA protects against eviction and distress. It is distress if OP is leaving in 10 days and has to worry about his family. Many soldiers I have worked with have used SSCRA for real estate, rental and mortagage reason. It applies in this case as well but OP needs to contact JAG for specifics on his state laws in addition to military and SSCRA protection. I see a problem here. OP is deploying and has dependents in the home. If OP wasn't deploying, the property owners have every right to give him notice. With deployment, OP has protection. The OP may have to go to court where a SSCRA stay can be request until he returns from deployment or his spouse can go to court. If OP doesn't want to go through that, he can go to the military rental site I posted above and have his fellow soldiers help his dependents move.


Eviction is the removal of a tenant from rental property by the landlord. Depending on the laws of the jurisdiction, eviction may also be known as unlawful detainer, summary possession, summary dispossess, forcible detainer, ejectment, and repossession, among other terms. Nevertheless, the term eviction is the most commonly used in communications between the landlord and tenant.

In most places, the guidelines for evictions due to non-payment of rent are different from those resulting from other causes, such as breach of lease. When the reason for eviction is due to causes other than rent, many places have laws requiring the tenant to be given a specified amount of time before moving, which may be, for example, 30 days following all court proceedings. But in the case of unpaid rent, eviction may occur within a few weeks (or less) following the due date for the rent. The exact amount of time is contingent upon the jurisdiction's guidelines and the load of cases in the jurisdiction's court system

[STT Resident]

Again, this case has nothing whatsoever to do with eviction. I'm not sure how to explain it any more simply. The OP's lease is up in July and is not going to be renewed. This is not an eviction.

[Zippyman]

Originally Posted by STT Resident

Again, this case has nothing whatsoever to do with eviction. I'm not sure how to explain it any more simply. The OP's lease is up in July and is not going to be renewed. This is not an eviction.

I think he's trying to say it will be an eviction if the lease isnt renewed and the op stays. Fwiw, that section of law talks specifically about nonpayment of rent, and would require a judge to issue a stay after the eviction was filed. Really seems like grasping at straws... I'm not sure why the op thinks his wife is incapable of moving by herself - it isn't that big of a deal.

Pushing the issue (especially on these grounds), would serve to make it even harder to rent to military families. You could win that battle and lose the same war...