Introduction to Military Deployment and Eviction

When a military member is deployed or on deployment, can they still receive an eviction notice? The question often arises in times of transition when service members are living overseas and facing financial and logistical challenges. This article explores the legal protections offered by the Servicemembers Civil Relief Act (SCRA) and provides guidance on what to expect and how to navigate potential eviction notices.

Understanding Eviction Laws and Landlord-tenant Relationships

Eviction from what? The laws of the country where the service member is stationed apply to their housing. However, the narrative claiming that an eviction notice is a legitimate threat is often a scam. No one discusses deployment in such terms unless they are trying to avoid communication. This notice is usually a diversion to demand payment for expenses like leave, airfare, or medical care.

Evaluating Circumstances and Responsibilities

If a service member has outstanding bills, it's clear that they need to resolve them. If someone they authorized to handle their finances did not pay, they have a case for fraud. It’s important to understand that the military member is responsible for ensuring their affairs are in order before deployment. The Soldier, Sailor Civil Relief Act (SSCRA) was designed to prevent such abuses but the service member must ensure they have made proper arrangements.

Reasons for Eviction Notices During Deployment

Military members can receive eviction notices for various reasons. If they did not pay their bills, they are responsible. Prematurely leaving an apartment without making plans for storage and giving up the lease is also their responsibility. The SSCRA can be used to protect a service member, particularly in the case of a short-notice deployment where the individual was unable to return and arrange matters. However, the responsibility lies with the service member to address issues before deployment.

Protection Under the Servicemembers Civil Relief Act

Under US law—specifically the Servicemembers Civil Relief Act (SCRA)—servicemembers and their dependents are protected from eviction without a court order that knowingly applies the SCRA. The SCRA provides for stays of judgments and various other forms of relief and legal protections. It is a critical tool for service members facing eviction while deployed.

How to Use the SCRA to Combat Eviction

The SCRA allows service members to request a stay of eviction proceedings to ensure that an eviction is not pursued until their deployment is over. This can be done by presenting a certificate of deployment to the court. If the landlord fails to comply with the procedural SCRA requirements, the court may dismiss the case. Here’s what to do:

Collect necessary documentation, including a certificate of deployment. Contact the court and request a stay of eviction. Present the SCRA certificate to ensure the landlord complies with the law.

Case Study: Successful SCRA Defense Against Eviction

I have successfully used the SCRA in court to combat an eviction that failed to comply with the procedural SCRA requirements. The judge dismissed the case with prejudice, saving me time, money, and aggravation during my deployment. This underscores the importance of understanding and utilizing the SCRA.

Conclusion

While a military member can face eviction notices during deployment, the Servicemembers Civil Relief Act offers crucial protections. Service members should take proactive steps to ensure their affairs are in order before deployment and understand their rights under the SCRA. By adopting these measures, service members can mitigate the risks of eviction and protect their homes and families.