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In the United States, property and apartment rentals are regulated at the state level, except for certain mandates that apply throughout the federal territory such as the Civil Relief Act for Members of the Armed Forces (SCRA).
Within this law guarantees are established that protect these citizens against evictions, foreclosures, and other legal proceedings. One of the most important states that a tenant cannot be evicted without a court order.
Property owners will not be able to evict these tenants without a court order: Who does the rental law protect?
The eviction protection provided by the SCRA applies to:
- Members of the United States Armed Forces on active duty.
- Certain members of the Reserve and the National Guard when they are performing federal active duty.
- Military dependents, such as a spouse or children, as long as they occupy the home as their primary residence and the requirements established by law are met.
In what situations can it apply?
The SCRA protections may apply when:
- The tenant is performing active military service.
- The home is their primary residence.
- The monthly rent does not exceed the maximum amount protected by law. This value is adjusted by the Department of Defense each year.
- The failure to pay is significantly related to the obligations arising from military service.
In these cases, the courts must be involved before attempting to recover the property.
What should you do when faced with a court order?
If the owner starts legal proceedings, the protected service member may ask the court to temporarily suspend the process when active duty affects their ability to appear or pay the rent. It is established that:
- The court may suspend the proceedings and, when appropriate, grant an extension of up to three months.
- The judge may also extend or reduce that period if they consider it to be the fairest option for the parties.
- In some cases, the court may choose other measures to protect both the property owner’s rights and those of the service member.
What other protections does the Civil Relief Act have?
In addition to these guarantees, the following are also provided for:
- The annual interest rate is limited to 6% on certain debts incurred before active duty.
- It allows certain housing and vehicle rental contracts to be terminated without penalties when military orders justify it.
- It provides protection against foreclosures and repossessions of property in certain circumstances.
- It restricts the possibility of default judgments being issued without the court verifying the defendant’s military status.
- It suspends or delays certain legal proceedings when military service prevents proper participation in them.