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Zipperman, you are exactly right. Eviction is not just non payment of rent. I rent my house to a military family AND I rented as a military member.
In the state I'm in, eviction to a military member INCLUDES asking them to leave before, during or after a deployment (the time frame matters). The laws are very complex and he needs to speak to JAG about getting the eviction stayed under SSCRA or just move.
It does not grant automatic protection in this case because the OP lease ends on a certain date. Deployed or not deployed, when it ends it ends. had they not been deployed, it would have ended so they knew going into this that there was always a possibility that on a certain date, they would need to vacate. Also no act has granted protections when a owner wants to reocupy their property. look at the Protecting tenats during Forclosure, even that doesn;t prevent a owner from recalinming prooperty for their occupancy.
It does provide some protection in that the OP or dependent can go to court and basically under this act, ask the court to show some mercy and basically come up with some arrangement for them to stay and get enough time to leave. BUT, most courts look at this as when the FINANCIAL responbility of the contract is not happening due to the deployment, not that everything else is covered. So if the rent wasn;t being paid, that is a covered financial item under the act, but if the lease ends on X date, that is not covered because its an existing issue that had nothing to do with the deployment. At best the courts may see that the dependent is having problems because one part of the key people is deployed so extra time may be needed, but usually its not a blanklet exception until they return, it just a temporary relief.
So, you can always ask the courts in hope they side with you, but they may not. Even if they do, it may be nothing but giving your dependents a bit more time to make moving arrangements. I would ask the courts because not asking means you get nothing, asking means you may get somethuing.....
It does not grant automatic protection in this case because the OP lease ends on a certain date. Deployed or not deployed, when it ends it ends. had they not been deployed, it would have ended so they knew going into this that there was always a possibility that on a certain date, they would need to vacate. Also no act has granted protections when a owner wants to reocupy their property. look at the Protecting tenats during Forclosure, even that doesn;t prevent a owner from recalinming prooperty for their occupancy.
It does provide some protection in that the OP or dependent can go to court and basically under this act, ask the court to show some mercy and basically come up with some arrangement for them to stay and get enough time to leave. BUT, most courts look at this as when the FINANCIAL responbility of the contract is not happening due to the deployment, not that everything else is covered. So if the rent wasn;t being paid, that is a covered financial item under the act, but if the lease ends on X date, that is not covered because its an existing issue that had nothing to do with the deployment. At best the courts may see that the dependent is having problems because one part of the key people is deployed so extra time may be needed, but usually its not a blanklet exception until they return, it just a temporary relief.
So, you can always ask the courts in hope they side with you, but they may not. Even if they do, it may be nothing but giving your dependents a bit more time to make moving arrangements. I would ask the courts because not asking means you get nothing, asking means you may get somethuing.....
Nothing in the SSCRA is ever automatic or straight forward. OP's should contact JAG if he is seeking a STAY. If not, just move.
No, thats the WORST place to ask any serious legitimate questions!!!!!!
This subject was asked there once before and the so called "legal advice" many were given was worst than worst garbage. The intent is to give military and veterans a place to pound their chest and talk story, its not a place to get legitimate help on civilian/militray/veteran subject. If memory serves me correct, the advice was something along the lines of being that all military and defense civilian emplyess can get something like a years worth of free rent for their family if they are deployed along with the landlord not being able to take any action against them for anything. and that the is act allows dependendts to installa flag even if against the rules and allows the deployed member to request temporary ownership of the property under martial law and........ You know the drill, its not about truthful assistance, just a place for that group to gather and have their rah-rah momments... Fortunetely, thre is some JAGF (?) guy who come in from time to time and tells them who to contact or send them to a CD forum where they can get honest advice. So, to get the truth, no thats not the forum.
I've rented to a lot of military wives over the years who moved themselves and their families while their spouse was deployed. People do it all the time.
But I agree, talk to the JAG, or the CO, and see if they can offer any help with finding a new place and moving. I'm sure they can.
Something else that no one really mentioned... if the owner is wanting to take possession him/her self, it isn't really reasonable to force them to be homeless when their contractural obligation to the renter has ended. And if they are selling the place, it might be in their contract that the house will be vacant by such and such date, so if you don't move, they could lose the sale over it. So it isn't just that they want you to move so they can put a different tenant in. They are needing the house to be vacated for a reason.
I've rented to a lot of military wives over the years who moved themselves and their families while their spouse was deployed. People do it all the time.
But I agree, talk to the JAG, or the CO, and see if they can offer any help with finding a new place and moving. I'm sure they can.
Something else that no one really mentioned... if the owner is wanting to take possession him/her self, it isn't really reasonable to force them to be homeless when their contractural obligation to the renter has ended. And if they are selling the place, it might be in their contract that the house will be vacant by such and such date, so if you don't move, they could lose the sale over it. So it isn't just that they want you to move so they can put a different tenant in. They are needing the house to be vacated for a reason.
+1
Moving is a part of being in the military. If you can't move with 60 days notice, when the lease has expired - you have too much stuff, whether you're in the military or not.
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?
Don't those in the military have resources on base to help them with these matters? A former neighbor of mine who was military had assistance with lease issues. However, the military actually moved this neighbor and handled the lease, etc. I would look into it. There may be some help available.
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You know the drill, its not about truthful assistance, just a place for that group to gather and have their rah-rah momments... Fortunetely, thre is some JAGF (?) guy who come in from time to time and tells them who to contact or send them to a CD forum where they can get honest advice. So, to get the truth, no thats not the forum.
