TITLE III – Rent, Contracts, Mortgages, Liens, Leases
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SERVICEMEMBERS CIVIL RELIEF ACT (“SCRA”)
Cite as 50 U.S.C.___
SUBCHAPTER III—RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS, ASSIGNMENT, LEASES, TELEPHONE SERVICE CONTRACTS
Amendments
2010—Pub. L. 111–275, title III, §302(b), Oct. 13, 2010, 124 Stat. 2876, inserted “, TELEPHONE SERVICE CONTRACTS” after “LEASES” in heading.
§ 3951. Evictions and distress
(a) Court-ordered eviction
(1) In general
Except by court order, a landlord (or another person with paramount title) may not—
(A) evict a servicemember, or the dependents of a servicemember, during a period of military service of the servicemember, from premises—
(i) that are occupied or intended to be occupied primarily as a residence; and
(ii) for which the monthly rent does not exceed $2,400[1], as adjusted under paragraph (2) for years after 2003; or
(B) subject such premises to a distress during the period of military service.
(2) Housing price inflation adjustment
(A) For calendar years beginning with 2004, the amount in effect under paragraph (1)(A)(ii) shall be increased by the housing price inflation adjustment for the calendar year involved.
(B) For purposes of this paragraph—
(i) The housing price inflation adjustment for any calendar year is the percentage change (if any) by which—
(I) the CPI housing component for November of the preceding calendar year, exceeds
(II) the CPI housing component for November of 1984.
(ii) The term “CPI housing component” means the index published by the Bureau of Labor Statistics of the Department of Labor known as the Consumer Price Index, All Urban Consumers, Rent of Primary Residence, U.S. City Average.
(3) Publication of housing price inflation adjustment
The Secretary of Defense shall cause to be published in the Federal Register each year the amount in effect under paragraph (1)(A)(ii) for that year following the housing price inflation adjustment for that year pursuant to paragraph (2). Such publication shall be made for a year not later than 60 days after such adjustment is made for that year.
(b) Stay of execution
(1) Court authority
Upon an application for eviction or distress with respect to premises covered by this section, the court may on its own motion and shall, if a request is made by or on behalf of a servicemember whose ability to pay the agreed rent is materially affected by military service—
(A) stay the proceedings for a period of 90 days, unless in the opinion of the court, justice and equity require a longer or shorter period of time; or
(B) adjust the obligation under the lease to preserve the interests of all parties.
(2) Relief to landlord
If a stay is granted under paragraph (1), the court may grant to the landlord (or other person with paramount title) such relief as equity may require.
(c) Misdemeanor
Except as provided in subsection (a), a person who knowingly takes part in an eviction or distress described in subsection (a), or who knowingly attempts to do so, shall be fined as provided in title 18 or imprisoned for not more than one year, or both.
(d) Rent allotment from pay of servicemember
To the extent required by a court order related to property which is the subject of a court action under this section, the Secretary concerned shall make an allotment from the pay of a servicemember to satisfy the terms of such order, except that any such allotment shall be subject to regulations prescribed by the Secretary concerned establishing the maximum amount of pay of servicemembers that may be allotted under this subsection.
(e) Limitation of applicability
Section 3932 of this title is not applicable to this section.
(Oct. 17, 1940, ch. 888, title III, §301, as added Pub. L. 108–189, §1, Dec. 19, 2003, 117 Stat. 2845; amended Pub. L. 111–275, title III, §303(b)(2), Oct. 13, 2010, 124 Stat. 2877.)
Codification
Section was formerly classified to section 531 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Prior Provisions
A prior section 301 of act Oct. 17, 1940, ch. 888, art. III, 54 Stat. 1182; Oct. 6, 1942, ch. 581, §9(a), (c), (d), 56 Stat. 771; Pub. L. 102–12, §9(9), Mar. 18, 1991, 105 Stat. 40, related to installment contracts for purchase of property, prior to the general amendment of this Act by Pub. L. 108–189. See section 3952 of this title.
Provisions similar to this section were contained in section 300 of act Oct. 17, 1940, ch. 888, art. III, 54 Stat. 1181; Oct. 6, 1942, ch. 581, §8, 56 Stat. 771; Pub. L. 89–358, §10, Mar. 3, 1966, 80 Stat. 28; Pub. L. 102–12, §§2(a), (b), 9(8), Mar. 18, 1991, 105 Stat. 34, 39, prior to the general amendment of this Act by Pub. L. 108–189.
Amendments
2010—Subsec. (c). Pub. L. 111–275 amended subsec. (c) generally. Prior to amendment, subsec. (c) related to penalties.
§ 3952. Protection under installment contracts for purchase or lease
(a) Protection upon breach of contract
(1) Protection after entering military service
After a servicemember enters military service, a contract by the servicemember for—
(A) the purchase of real or personal property (including a motor vehicle); or
(B) the lease or bailment of such property,
may not be rescinded or terminated for a breach of terms of the contract occurring before or during that person’s military service, nor may the property be repossessed for such breach without a court order.
(2) Applicability
This section applies only to a contract for which a deposit or installment has been paid by the servicemember before the servicemember enters military service.
(b) Misdemeanor
A person who knowingly resumes possession of property in violation of subsection (a), or in violation of section 3918 of this title, or who knowingly attempts to do so, shall be fined as provided in title 18 or imprisoned for not more than one year, or both.
(c) Authority of court
In a hearing based on this section, the court—
(1) may order repayment to the servicemember of all or part of the prior installments or deposits as a condition of terminating the contract and resuming possession of the property;
(2) may, on its own motion, and shall on application by a servicemember when the servicemember’s ability to comply with the contract is materially affected by military service, stay the proceedings for a period of time as, in the opinion of the court, justice and equity require; or
(3) may make other disposition as is equitable to preserve the interests of all parties.
(Oct. 17, 1940, ch. 888, title III, §302, as added Pub. L. 108–189, §1, Dec. 19, 2003, 117 Stat. 2846; amended Pub. L. 111–275, title III, §303(b)(3), Oct. 13, 2010, 124 Stat. 2878.)
Codification
Section was formerly classified to section 532 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Prior Provisions
A prior section 302 of act Oct. 17, 1940, ch. 888, art. III, 54 Stat. 1182; Oct. 6, 1942, ch. 581, §§9(b), (c), 10, 56 Stat. 771, 772; June 23, 1952, ch. 450, 66 Stat. 151; Pub. L. 102–12, §9(9), (10), Mar. 18, 1991, 105 Stat. 40, related to mortgages and trust deeds, prior to the general amendment of this Act by Pub. L. 108–189. See section 3953 of this title.
Amendments
2010—Subsec. (b). Pub. L. 111–275 amended subsec. (b) generally. Prior to amendment, subsec. (b) related to penalties.
§ 3953. Mortgages and trust deeds
(a) Mortgage as security
This section applies only to an obligation on real or personal property owned by a servicemember that—
(1) originated before the period of the servicemember’s military service and for which the servicemember is still obligated; and
(2) is secured by a mortgage, trust deed, or other security in the nature of a mortgage.
(b) Stay of proceedings and adjustment of obligation
In an action filed during, or within 90 days after, a servicemember’s period of military service to enforce an obligation described in subsection (a), the court may after a hearing and on its own motion and shall upon application by a servicemember when the servicemember’s ability to comply with the obligation is materially affected by military service—
(1) stay the proceedings for a period of time as justice and equity require, or
(2) adjust the obligation to preserve the interests of all parties.
(c) Sale or foreclosure
A sale, foreclosure, or seizure of property for a breach of an obligation described in subsection (a) shall not be valid if made during, or within 1 year [2] after, the period of the servicemember’s military service except—
(1) upon a court order granted before such sale, foreclosure, or seizure with a return made and approved by the court; or
(2) if made pursuant to an agreement as provided in section 3918 of this title.
(d) Misdemeanor
A person who knowingly makes or causes to be made a sale, foreclosure, or seizure of property that is prohibited by subsection (c), or who knowingly attempts to do so, shall be fined as provided in title 18 or imprisoned for not more than one year, or both.
(Oct. 17, 1940, ch. 888, title III, §303, as added Pub. L. 108–189, §1, Dec. 19, 2003, 117 Stat. 2847; amended Pub. L. 110–289, div. B, title II, §2203(a), July 30, 2008, 122 Stat. 2849; Pub. L. 111–275, title III, §303(b)(4), Oct. 13, 2010, 124 Stat. 2878; Pub. L. 112–154, title VII, §710(a), (b), (d)(3), Aug. 6, 2012, 126 Stat. 1208.)
Codification
Section was formerly classified to section 533 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Prior Provisions
A prior section 303 of act Oct. 17, 1940, ch. 888, art. III, as added Oct. 6, 1942, ch. 581, §12, 56 Stat. 772, related to settlement of cases involving stayed proceedings to foreclose mortgage on, resume possession of, or terminate contract for purchase of, personal property, prior to the general amendment of this Act by Pub. L. 108–189. See section 3954 of this title.
Another prior section 303 of act Oct. 17, 1940, ch. 888, art. III, 54 Stat. 1183, related to stay of action to resume possession of motor vehicle, tractor, or their accessories, encumbered by purchase money mortgage, conditional sales contract, etc., prior to repeal by act Oct. 6, 1942, ch. 581, §11, 56 Stat. 772.
Amendments
2012—Subsecs. (b), (c). Pub. L. 112–154, §710(d)(3), as amended, revived the provisions of subsecs. (b) and (c) as in effect on July 29, 2008. Effective Jan. 1, 2016, “within 90 days” is substituted for “within one year” in introductory provisions. See Effective and Termination Dates of 2012 Amendment; Revival note below.
Pub. L. 112–154, §710(a), (b), (d)(1), temporarily substituted “within one year” for “within 9 months” in introductory provisions. See Effective and Termination Dates of 2012 Amendment; Revival note below. [Editor’s note: see footnote below as to effect of Pub. L. 114-142.]
2010—Subsec. (d). Pub. L. 111–275 amended subsec. (d) generally. Prior to amendment, subsec. (d) related to penalties.
2008—Subsecs. (b), (c). Pub. L. 110–289 substituted “9 months” for “90 days” in introductory provisions.
Effective and Termination Dates of 2012 Amendment; Revival
Pub. L. 112–154, title VII, §710(c), Aug. 6, 2012, 126 Stat. 1208, provided that: “The amendments made by subsections (a) and (b) [amending this section] shall take effect on the date that is 180 days after the date of the enactment of this Act [Aug. 6, 2012].”
Pub. L. 112–154, title VII, §710(d)(1), Aug. 6, 2012, 126 Stat. 1208, as amended by Pub. L. 113–286, §2(1), Dec. 18, 2014, 128 Stat. 3093, provided that: “The amendments made by subsections (a) and (b) [amending this section] shall expire on December 31, 2015.”
Pub. L. 112–154, title VII, §710(d)(3), Aug. 6, 2012, 126 Stat. 1208, as amended by Pub. L. 113–286, §2(2), Dec. 18, 2014, 128 Stat. 3093, provided that: “Effective January 1, 2016, the provisions of subsections (b) and (c) of section 303 of the Servicemembers Civil Relief Act (50 U.S.C. App. 533) [now 50 U.S.C. 3953], as in effect on July 29, 2008, are hereby revived.”
Effective Date of 2008 Amendment
Pub. L. 110–289, div. B, title II, §2203(c), July 30, 2008, 122 Stat. 2850, as amended by Pub. L. 111–346, §2, Dec. 29, 2010, 124 Stat. 3622; Pub. L. 112–154, title VII, §710(d)(2), Aug. 6, 2012, 126 Stat. 1208, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [July 30, 2008].”
§ 3954. Settlement of stayed cases relating to personal property
(a) Appraisal of property
When a stay is granted pursuant to this chapter in a proceeding to foreclose a mortgage on or to repossess personal property, or to rescind or terminate a contract for the purchase of personal property, the court may appoint three disinterested parties to appraise the property.
(b) Equity payment
Based on the appraisal, and if undue hardship to the servicemember’s dependents will not result, the court may order that the amount of the servicemember’s equity in the property be paid to the servicemember, or the servicemember’s dependents, as a condition of foreclosing the mortgage, repossessing the property, or rescinding or terminating the contract.
(Oct. 17, 1940, ch. 888, title III, §304, as added Pub. L. 108–189, §1, Dec. 19, 2003, 117 Stat. 2848.)
Codification
Section was formerly classified to section 534 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Prior Provisions
A prior section 304 of act Oct. 17, 1940, ch. 888, art. III, as added Oct. 6, 1942, ch. 581, §12, 56 Stat. 772; amended Pub. L. 102–12, §9(9), Mar. 18, 1991, 105 Stat. 40, related to termination of leases by lessees, prior to the general amendment of this Act by Pub. L. 108–189. See section 3955 of this title.
§ 3955. 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.
(2) Leases of motor vehicles
A lease of a motor vehicle used, or intended to be used, by a servicemember or a servicemember’s dependents for personal or business transportation 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 under a call or order specifying a period of not less than 180 days (or who enters military service under a call or order specifying a period of 180 days or less and who, without a break in service, receives orders extending the period of military service to a period of not less than 180 days); or
(B) the servicemember, while in military service, executes the lease and thereafter receives military orders—
(i) for a change of permanent station—
(I) from a location in the continental United States to a location outside the continental United States; or
(II) from a location in a State outside the continental United States to any location outside that State; or
(ii) to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 180 days.
(c) Manner of termination
(1) In general
Termination of a lease under subsection (a) is made—
(A) by delivery by the lessee of written notice of such termination, and a copy of the servicemember’s military orders, to the lessor (or the lessor’s grantee), or to the lessor’s agent (or the agent’s grantee); and
(B) in the case of a lease of a motor vehicle, by return of the motor vehicle by the lessee to the lessor (or the lessor’s grantee), or to the lessor’s agent (or the agent’s grantee), not later than 15 days after the date of the delivery of written notice under subparagraph (A).
(2) Delivery of notice
Delivery of notice under paragraph (1)(A) may be accomplished—
(A) by hand delivery;
(B) by private business carrier; or
(C) by placing the written notice in an envelope with sufficient postage and with return receipt requested, and addressed as designated by the lessor (or the lessor’s grantee) or to the lessor’s agent (or the agent’s grantee), and depositing the written notice in the United States mails.
(d) Effective date of lease termination
(1) Lease of premises
In the case of a lease described in subsection (b)(1) that provides for monthly payment of rent, termination of the lease under subsection (a) is effective 30 days after the first date on which the next rental payment is due and payable after the date on which the notice under subsection (c) is delivered. In the case of any other lease described in subsection (b)(1), termination of the lease under subsection (a) is effective on the last day of the month following the month in which the notice is delivered.
(2) Lease of motor vehicles
In the case of a lease described in subsection (b)(2), termination of the lease under subsection (a) is effective on the day on which the requirements of subsection (c) are met for such termination.
(e) Arrearages and other obligations and liabilities
(1) Leases of premises
Rent amounts for a lease described in subsection (b)(1) that are unpaid for the period preceding the effective date of the lease termination shall be paid on a prorated basis. The lessor may not impose an early termination charge, but any taxes, summonses, or other obligations and liabilities of the lessee in accordance with the terms of the lease, including reasonable charges to the lessee for excess wear, that are due and unpaid at the time of termination of the lease shall be paid by the lessee.
(2) Leases of motor vehicles
Lease amounts for a lease described in subsection (b)(2) that are unpaid for the period preceding the effective date of the lease termination shall be paid on a prorated basis. The lessor may not impose an early termination charge, but any taxes, summonses, title and registration fees, or other obligations and liabilities of the lessee in accordance with the terms of the lease, including reasonable charges to the lessee for excess wear or use and mileage, that are due and unpaid at the time of termination of the lease shall be paid by the lessee.
(f) Rent paid in advance
Rents or lease amounts paid in advance for a period after the effective date of the termination of the lease shall be refunded to the lessee by the lessor (or the lessor’s assignee or the assignee’s agent) within 30 days of the effective date of the termination of the lease.
(g) Relief to lessor
Upon application by the lessor to a court before the termination date provided in the written notice, relief granted by this section to a servicemember may be modified as justice and equity require.
(h) Misdemeanor
Any person who knowingly seizes, holds, or detains the personal effects, security deposit, or other property of a servicemember or a servicemember’s dependent who lawfully terminates a lease covered by this section, or who knowingly interferes with the removal of such property from premises covered by such lease, for the purpose of subjecting or attempting to subject any of such property to a claim for rent accruing subsequent to the date of termination of such lease, or attempts to do so, shall be fined as provided in title 18 or imprisoned for not more than one year, or both.
(i) Definitions
(1) Military orders
The term “military orders”, with respect to a servicemember, means official military orders, or any notification, certification, or verification from the servicemember’s commanding officer, with respect to the servicemember’s current or future military duty status.
(2) ConUS
The term “continental United States” means the 48 contiguous States and the District of Columbia.
(Oct. 17, 1940, ch. 888, title III, §305, as added Pub. L. 108–189, §1, Dec. 19, 2003, 117 Stat. 2848; amended Pub. L. 108–454, title VII, §704, Dec. 10, 2004, 118 Stat. 3624; Pub. L. 111–275, title III, §§301, 303(b)(5), Oct. 13, 2010, 124 Stat. 2875, 2878.)
Codification
Section was formerly classified to section 535 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Prior Provisions
A prior section 305 of act Oct. 17, 1940, ch. 888, art. III, as added Oct. 6, 1942, ch. 581, §12, 56 Stat. 773; amended Pub. L. 102–12, §9(9), Mar. 18, 1991, 105 Stat. 40, related to protection of assignor of life insurance policy, enforcement of storage liens, and penalties, prior to the general amendment of this Act by Pub. L. 108–189. See sections 3957 and 3958 of this title.
Amendments
2010—Subsec. (e). Pub. L. 111–275, §301, amended subsec. (e) generally. Prior to amendment, text read as follows: “Rents or lease amounts unpaid for the period preceding the effective date of the lease termination shall be paid on a prorated basis. In the case of the lease of a motor vehicle, the lessor may not impose an early termination charge, but any taxes, summonses, and title and registration fees and any other obligation and liability of the lessee in accordance with the terms of the lease, including reasonable charges to the lessee for excess wear, use and mileage, that are due and unpaid at the time of termination of the lease shall be paid by the lessee.”
Subsec. (h). Pub. L. 111–275, §303(b)(5), amended subsec. (h) generally. Prior to amendment, subsec. (h) related to penalties.
2004—Subsec. (a). Pub. L. 108–454, §704(a), amended subsec. (a) generally, designating existing provisions as par. (1), inserting par. heading, and adding par. (2).
Subsec. (b)(1)(B). Pub. L. 108–454, §704(c), inserted “, or as an individual in support of a military operation,” after “deploy with a military unit”.
Subsec. (b)(2)(B). Pub. L. 108–454, §704(b)(1), substituted “military orders—” for “military orders for a permanent change of station outside of the continental United States or to deploy”, added cl.(i), and inserted “(ii) to deploy” before “with a military unit”.
Subsec. (b)(2)(B)(ii). Pub. L. 108–454, §704(c), inserted “, or as an individual in support of a military operation,” after “deploy with a military unit”.
Subsec. (i). Pub. L. 108–454, §704(b)(2), added subsec. (i).
§ 3956. Termination of telephone service contracts
(a) Termination by servicemember
(1) Termination
A servicemember may terminate a contract described in subsection (b) at any time after the date the servicemember receives military orders to relocate for a period of not less than 90 days to a location that does not support the contract.
(2) Notice
In the case that a servicemember terminates a contract as described in paragraph (1), the service provider under the contract shall provide such servicemember with written or electronic notice of the servicemember’s rights under such paragraph.
(3) Manner of termination
Termination of a contract under paragraph (1) shall be made by delivery of a written or electronic notice of such termination and a copy of the servicemember’s military orders to the service provider, delivered in accordance with industry standards for notification of terminations, together with the date on which the service is to be terminated.
(b) Covered contracts
A contract described in this subsection is a contract for cellular telephone service or telephone exchange service entered into by the servicemember before receiving the military orders referred to in subsection (a)(1).
(c) Retention of telephone number
In the case of a contract terminated under subsection (a) by a servicemember whose period of relocation is for a period of three years or less, the service provider under the contract shall, notwithstanding any other provision of law, allow the servicemember to keep the telephone number the servicemember has under the contract if the servicemember re-subscribes to the service during the 90-day period beginning on the last day of such period of relocation.
(d) Family plans
In the case of a contract for cellular telephone service entered into by any individual in which a servicemember is a designated beneficiary of the contract, the individual who entered into the contract may terminate the contract—
(1) with respect to the servicemember if the servicemember is eligible to terminate contracts pursuant to subsection (a); and
(2) with respect to all of the designated beneficiaries of such contract if all such beneficiaries accompany the servicemember during the servicemember’s period of relocation.
(e) Other obligations and liabilities
For any contract terminated under this section, the service provider under the contract may not impose an early termination charge, but any tax or any other obligation or liability of the servicemember that, in accordance with the terms of the contract, is due and unpaid or unperformed at the time of termination of the contract shall be paid or performed by the servicemember. If the servicemember re-subscribes to the service provided under a covered contract during the 90-day period beginning on the last day of the servicemember’s period of relocation, the service provider may not impose a charge for reinstating service, other than the usual and customary charges for the installation or acquisition of customer equipment imposed on any other subscriber.
(f) Return of advance payments
Not later than 60 days after the effective date of the termination of a contract under this section, the service provider under the contract shall refund to the servicemember any fee or other amount to the extent paid for a period extending until after such date, except for the remainder of the monthly or similar billing period in which the termination occurs.
(g) Definitions
For purposes of this section:
(1) The term “cellular telephone service” means commercial mobile service, as that term is defined in section 332(d) of title 47.
(2) The term “telephone exchange service” has the meaning given that term under section 153 of title 47.
(Oct. 17, 1940, ch. 888, title III, §305A, as added Pub. L. 110–389, title VIII, §805(a), Oct. 10, 2008, 122 Stat. 4188; amended Pub. L. 111–275, title III, §302(a), Oct. 13, 2010, 124 Stat. 2875.)
Codification
Section was formerly classified to section 535a of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Amendments
2010—Pub. L. 111–275 amended section generally, substituting provisions relating to termination of telephone service contracts for provisions relating to termination or suspension of contracts for cellular telephone service.
§ 3957. Protection of life insurance policy
(a) Assignment of policy protected
If a life insurance policy on the life of a servicemember is assigned before military service to secure the payment of an obligation, the assignee of the policy (except the insurer in connection with a policy loan) may not exercise, during a period of military service of the servicemember or within one year thereafter, any right or option obtained under the assignment without a court order.
(b) Exception
The prohibition in subsection (a) shall not apply—
(1) if the assignee has the written consent of the insured made during the period described in subsection (a);
(2) when the premiums on the policy are due and unpaid; or
(3) upon the death of the insured.
(c) Order refused because of material affect
A court which receives an application for an order required under subsection (a) may refuse to grant such order if the court determines the ability of the servicemember to comply with the terms of the obligation is materially affected by military service.
(d) Treatment of guaranteed premiums
For purposes of this subsection, premiums guaranteed under the provisions of subchapter IV of this chapter shall not be considered due and unpaid.
(e) Misdemeanor
A person who knowingly takes an action contrary to this section, or attempts to do so, shall be fined as provided in title 18 or imprisoned for not more than one year, or both.
(Oct. 17, 1940, ch. 888, title III, §306, as added Pub. L. 108–189, §1, Dec. 19, 2003, 117 Stat. 2850; amended Pub. L. 111–275, title III, §303(b)(6), Oct. 13, 2010, 124 Stat. 2878.)
Codification
Section was formerly classified to section 536 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Prior Provisions
A prior section 306 of act Oct. 17, 1940, ch. 888, art. III, as added Oct. 6, 1942, ch. 581, §12, 56 Stat. 773, related to extension of benefits to dependents, prior to the general amendment of this Act by Pub. L. 108–189. See section 3959 of this title.
Amendments
2010—Subsec. (e). Pub. L. 111–275 amended subsec. (e) generally. Prior to amendment, subsec. (e) related to penalties.
§ 3958. Enforcement of storage liens
(a) Liens
(1) Limitation on foreclosure or enforcement
A person holding a lien on the property or effects of a servicemember may not, during any period of military service of the servicemember and for 90 days thereafter, foreclose or enforce any lien on such property or effects without a court order granted before foreclosure or enforcement.
(2) Lien defined
For the purposes of paragraph (1), the term “lien” includes a lien for storage, repair, or cleaning of the property or effects of a servicemember or a lien on such property or effects for any other reason.
(b) Stay of proceedings
In a proceeding to foreclose or enforce a lien subject to this section, the court may on its own motion, and shall if requested by a servicemember whose ability to comply with the obligation resulting in the proceeding is materially affected by military service—
(1) stay the proceeding for a period of time as justice and equity require; or
(2) adjust the obligation to preserve the interests of all parties.
The provisions of this subsection do not affect the scope of section 3953 of this title.
(c) Misdemeanor
A person who knowingly takes an action contrary to this section, or attempts to do so, shall be fined as provided in title 18 or imprisoned for not more than one year, or both.
(Oct. 17, 1940, ch. 888, title III, §307, as added Pub. L. 108–189, §1, Dec. 19, 2003, 117 Stat. 2851; amended Pub. L. 111–275, title III, §303(b)(7), Oct. 13, 2010, 124 Stat. 2878.)
Codification
Section was formerly classified to section 537 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Amendments
2010—Subsec. (c). Pub. L. 111–275 amended subsec. (c) generally. Prior to amendment, subsec. (c) related to penalties.
§ 3959. Extension of protections to dependents
Upon application to a court, a dependent of a servicemember is entitled to the protections of this subchapter if the dependent’s ability to comply with a lease, contract, bailment, or other obligation is materially affected by reason of the servicemember’s military service.
(Oct. 17, 1940, ch. 888, title III, §308, as added Pub. L. 108–189, §1, Dec. 19, 2003, 117 Stat. 2851.)
Codification
Section was formerly classified to section 538 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
[1] (google search term: Federal Register department of defense 3951(1)(A)(ii)
The CPI-adjusted maximum rental rate for 2019: $3,851.03
The CPI-adjusted maximum rental rate for 2018: $3,716.73
The CPI-adjusted maximum rental rate for 2017: $3,584.99
The CPI-adjusted maximum rental rate for 2016: $3,451.20
The CPI-adjusted maximum rental rate for 2015: $3,329.84
The CPI-adjusted maximum rental rate for 2014: $3,217.81
The CPI-adjusted maximum rental rate for 2013: $3,139.35
The CPI-adjusted maximum rental rate for 2012: $3,047.45
The CPI-adjusted maximum rental rate for 2011: $2,975.54
The CPI-adjusted maximum rental rate for 2010: $2,958.53
The CPI-adjusted maximum rental rate for 2009: $2,932.31
The CPI-adjusted maximum rental rate for 2008: $2,831.13
[2] This time period has changed over time. Originally, it read “90 days”.
P.L. 110-289 changed the “90 days” to “9 months” in 2008. There was a “sunset” of December 31, 2012 for this change.
P.L. 112-154 changed the period to “one year”. There was a “sunset” of December 31, 2014 for this change.
P.L. 113-286 extended the one-year period until December 31, 2015 at which time the period reverted to the original “90 days”.
P.L. 115-91 extended the one-year period until January 1, 2020, at which time the period will revert to the original “90 days”. National Defense Authorization Act for Fiscal Year 2018, H.R. 2810, 115th Congress, § 557 (2017).