Can the landlord evict an active duty member's spouse for nonpayment or late rent?
Full Question:
Answer:
The Soldiers' and Sailors' Civil Relief Act of 1940 (SSCRA) was passed by Congress to help protect the rights and benefits of persons entering or called to active duty in the U.S. Armed Forces, including reservists and National Guard when on active federal service.
The SSCRA provides a wide range of protections for individuals entering or called to active duty in the military. The SSCRA is intended to postpone or suspend certain civil obligations to enable service members to devote full attention to duty. The act does not apply to criminal matters. Reservists and the members of the National Guard are also protected under the SSCRA while on active duty. The protections are in the areas of leases and rental contracts, installment contracts, interest rates, insurance, taxation, judicial proceedings, and default judgments.
The protections generally begin on the date of entering active duty and terminate within 30 to 90 days after the date of discharge from active duty.
Soldiers who signed a rental contract for living quarters prior to entering active duty may ask the court to delay an eviction action for up to three months, if the subject property is rented for $1,200 per month or less. The court must grant the stay if your ability to pay was materially affected by either your military service or your spouse's military service. The SSCRA prohibits eviction, without a court order, of a service member and their dependents from rented housing where the rent does not exceed $1200.00 per month. The court may delay eviction proceedings for up to three months.
Also, on September 39, 2006, Governor Schwarzenegger signed that requires landlords to give 60 days notice before requiring an evicted tenant to move out.
AB 1169 requires landlords to give 60 days notice before terminating the lease of a tenant who has lived in a dwelling for one year or longer, or 30 days notice for a tenant who has resided in the dwelling for less than one year. AB 1169 will remain in effect until 2010.
Army Emergency Relief (AER) plays a unique and important role in helping the Army "Take Care Of Its Own". AER provides financial assistance to soldiers (active and retired) during periods of valid emergencies.
AER is a private non-profit organization whose sole mission is to collect and hold funds to relieve financial distress to soldiers and their families. AER exists solely for the soldier and belongs to all Army people, active and retired, and to the spouses and orphans of deceased soldiers.
Approval of an AER loan is based on a need created by an emergency situation beyond the control of the soldier. AER assistance is provided after all other means of assistance (personal funds, Finance, ACS, helping agencies, etc.) have been explored without success.
Soldiers (both active duty and retired) can authorize an AER loan repayment allotment by completing an electronic allotment authorization on the AER web site, www.aerhq.org. Areas of assistance include Payment of rent to prevent eviction when substantiated by an eviction notice from landlord.
