What can I do since I am bring sued for rent by my former landlord while I am in the army?
Full Question:
Answer:
The Soldiers and Sailors Civil Relief Act (SSCRA) provides legal protections to service members in terminating residential leases. Leases entered after coming on active duty may not be terminated under the SSCRA lease termination provision. The lessee must deliver written notice of termination to the lessor at any time after entry on active duty or receipt of orders as specified by section 106. Delivery may be made by posting a properly addressed and stamped envelope in the U.S. mails. Oral notice to the lessor is not valid. In addition, among partners in an enterprise, notice from one partner to the others that the service person intends to vacate the premises is insufficient to notify the landlord.
The effective date of the termination is determined by the method of rental payment under the lease. In the case of a month to month rental, the termination becomes effective 30 days after the first date on which the next rental payment is due subsequent to the date when the notice of termination is delivered. For example, if the rent is due on the first day of each month, and notice is mailed on 1 August, then the "next rental payment is due and payable" on 1 September. Thirty days after that date would be 1 October, the effective date of termination.
All other leases will be terminated on the last day of the month following the month in which proper notice is delivered. For example, if the lease requires a weekly or yearly rental and proper notice of termination is given on 20 July, the effective date of termination would be 31 August.
If a landlord violates the SSCRA, it may be possible to assert a counterclaim for such violation if the landlord improperly seeks overdue rent. The possibility of such a counterclaim, or costs and fees that may be associated with a frivolous claim, may persuade a landlord in violation to dismiss an improper complaint for overdue rent. If the defendant does not answer, the plaintiff may win a default judgment. You may contact the clerk of court at the link below for specifics regarding filing an answer by electronically or by mail, which is often allowed providing that the answer is notarized and served on the plaintiff's attorney.
The following is a portion of the SSCRA:
SEC. 305. [50 U.S.C. App. 535] TERMINATION OF RESIDENTIAL OR
MOTOR VEHICLE LEASES.
(a) TERMINATION BY LESSEE.—
(1) IN GENERAL.—The lessee on a lease described in subsection
(b) may, at the lessee’s option, terminate the lease at
any time after—
(A) the lessee’s entry into military service; or
(B) the date of the lessee’s military orders described in
paragraph (1)(B) or (2)(B) of subsection (b), as the case
may be.
(2) JOINT LEASES.—A lessee’s termination of a lease pursuant
to this subsection shall terminate any obligation a dependent
of the lessee may have under the lease.
(b) COVERED LEASES.—This section applies to the following
leases:
(1) LEASES OF PREMISES.—A lease of premises occupied, or
intended to be occupied, by a servicemember or a
servicemember’s dependents for a residential, professional,
business, agricultural, or similar purpose if—
(A) the lease is executed by or on behalf of a person
who thereafter and during the term of the lease enters
military service; or
(B) the servicemember, while in military service, executes
the lease and thereafter receives military orders for
a permanent change of station or to deploy with a military
unit, or as an individual in support of a military operation,
for a period of not less than 90 days.