SCRA Eviction Protection – Everything You Need to Know

The Servicemembers Civil Relief Act (SCRA) grants active duty servicemembers plenty of protections that permit them to focus on his or her military service. These protections include interest rate limits, the ability to break lease obligations, and prevention from repossession.

Another interesting benefit for those who render active military service is eviction protection. We’ll discuss what the Servicemembers Civil Relief Act, formerly the Sailors Civil Relief Act, says regarding eviction cases.

What are SCRA Eviction Protections?

The Servicemembers Civil Relief Act stipulates that service members rendering active duty military service cannot be evicted without a court order, regardless of what is agreed upon in their lease agreement.

If a service member is being evicted from their home because of nonpayment of rent, the SCRA allows that service member to delay the eviction proceedings for three months or longer. However, it should be proven that the service member’s active duty service prevents them from meeting their financial obligations.

Simultaneously, the court may mandate the rent amount due for service members being evicted. However, this is only possible if the rent amount is below a certain threshold. This amount changes yearly based on inflation and interest rates, usually over $3,000 monthly.

This federal law provides this benefit so military personnel can focus on serving the nation. This duty can sometimes materially affect their financial obligations, and this protection extends to the service members’ dependents.

It should be highlighted that these protections are not honored if the service member signed an SCRA waiver upon receipt of the rental agreement. The waiver should be separate from the contract itself.

Who is covered by the SCRA?

The Servicemembers Civil Relief Act provides protection to those rendering state or federal active duty service. This federal law covers the following individuals:

• Full-time active duty members are from the Air Force, Navy, Army, Marine Corps, Coast Guard, or Space Force.
• A reservist member called to active duty service
• A National Guard member called to federal duty for at least 30 consecutive days
• A service member who’s absent from duty because of a lawful case or injury, leave, or illness
• A commissioned officer from the National Oceanic and Atmospheric Administration (NOAA) or Public Health Service (PHS)
• A service member’s dependent, which may include their spouse, children, or an individual who has received at least one-half of the service member’s financial support in the last six months

What are the Responsibilities of the Landlord under SCRA?

The landlord who intends to evict an active duty service member also has some responsibilities. They must present evidence that their tenant is a service member rendering active duty or is someone covered by the SCRA. This evidence may be obtained directly from the tenant or through a service like SCRACVS.

If they intend to proceed with the eviction process, they must obtain a court order. Failure to do so and proceeding with evicting a person covered by the SCRA might incur expensive fines.

Consequences of Illegal Eviction

Violating the SCRA can have severe repercussions. Even attempting to violate the law can prompt the Department of Justice to punish a landlord. The DoJ decides the consequences of illegal eviction.

Usually, this would mean paying hefty fines. While violating the SCRA may not mean jail time, the financial penalties can affect one’s finances for a long time.

What To Do If Evicted

If a person’s SCRA rights are violated, they must seek legal aid. The legal assistance office in one’s military base can help them determine the following steps to fight for their SCRA rights. It would also be wise to seek the meritorious or legal defense of an experienced military lawyer who has previously dealt with similar cases. They would know the best ways to combat illegal eviction.

What If I’m Overseas?

Some service members are stationed overseas, and this can be challenging even if meritorious defense exists. If the service member or person covered by the SCRA is stationed abroad, they should enact their right-to-stay proceedings. Doing so would help them find them to determine the next best steps to avoid further complications.

Penalties for Violating SCRA Eviction Protections

As mentioned, the DoJ is mandated to determine the penalties for SCRA violations. While violating the SCRA may not warrant jail time, the financial consequences can be heavy.

In most cases, a first offense of the SCRA would cost $55,000, while subsequent violations would cost $110,000.

Even attempting to evict the SCRA can warrant penalties. That’s why landlords should inform themselves of the proper protocol when evicting people covered by the SCRA.

Exemptions and Limitations under SCRA for Eviction

While the SCRA may protect those rendering military service from eviction, there may be instances where they cannot enact their SCRA rights. SCRA eviction protection only applies to cases wherein the reason for eviction is nonpayment of rent.

Moreover, the SCRA doesn’t exempt service members from meeting their rental obligations. The Servicemembers Civil Relief Act does not excuse service members not to pay rent.

Final Words

Violating the SCRA can have severe consequences, which is why both service members and landlords should familiarize themselves with this law. For the SCRA rights to be enacted, evidence that a tenant is on active duty must be provided.

SCRACVS can help both service members and landlords obtain proof that a person is rendering active duty service. Click here to sign up at SCRAVS and verify the active duty status.

FAQs

Which protections exist under the SCRA?

The SCRA offers several protections, including the interest rate cap, protection from eviction and repossession, lease termination without penalties, and the ability to stay proceedings.

What are the benefits of SCRA in California?

Since the Servicemembers Civil Relief Act (SCRA) is a federal law, its benefits apply uniformly across all states, including California.

What are the benefits of SCRA spouses?

Several SCRA protections cover military spouses, including protection from eviction and the interest rate cap.

What are the benefits of SCRA mortgage? 

The SCRA mandates that pre-service debt, including mortgage payments, should have interest rates of no more than six percent.

What is the SCRA 6 interest rate rule?

This rule mandates that the interest rate for pre-service debt should not exceed six percent.