Servicemembers Civil Relief Act
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History
In 1940, Congress passed the Soldiers and Sailors Civil Relief Act (SSCRA) to protect servicemembers on active duty. In 2003, the Servicemembers Civil Relief Act (SCRA) significantly expanded the SSCRA's protections.
SCRA protects servicemembers in a time of conflict or during training. The law postpones or suspends certain civil obligations to enable servicemembers to devote full attention to duty and relieve stress on the deployed servicemembers’ family members.
Protections
SCRA’s protections apply to the following “servicemembers”:
- Members of the Army, Navy, Air Force, Marine Corps, and Coast Guard on active duty;
- National Guard members called to active duty by the President or Secretary of Defense for more than 30 consecutive days; and
- Commissioned members of the Public Health Service and the National Oceanographic and Atmospheric Administration.
The most common forms of protection and relief sought under SCRA are:
- Mortgage relief
- Termination of leases
- Protection from eviction
- 6% cap on interest rates
- Stay of proceedings pending against the servicemember
- Reopening of default judgments
- Appointment of counsel for the servicemember if they cannot be located before a default judgment is entered
The law provides many other protections (e.g., life insurance, health insurance, income tax payments) for active duty servicemembers.
The SCRA is not a permanent shelter from facing legal and family responsibilities. It does not end proceedings against servicemembers, but rather suspends actions until the servicemember is available. The protection begins on the date of entering active duty and generally terminates within 30 to 90 days after the date of discharge from active duty.
Read the Law: U.S. Code, Title 50, §§ 3901-4043; § 3911
Spouses - The Military Spouses Residency Relief Act amended the SCRA to extend certain protections to spouses of servicemembers and their families.
Read the Law: Public Law 111-97 Military Spouses Residency Relief Act
Protection from Eviction and Distress for Rent Actions - Except by court order, a landlord may not evict (or otherwise subject the premises to a distress action) a servicemember or their dependents during a period of military service from a residence for which the monthly rent does not exceed the maximum amount provided by SCRA. The maximum monthly rent amount is adjusted annually by the Department of Defense. For 2022, the maximum amount is $ $4,214.28.
In any eviction or distress case, the court may, in its discretion, and must, if requested by the servicemember, grant a delay of proceedings for a period of up to 3 months if the servicemember's ability to pay the agreed rent is materially affected by the military service or adjust any obligation under the lease. If a delay is granted, the court may also grant equitable relief to the landlord.
Read the Law: U.S. Code, Title 50 § 3951
Read the Regulation: 87 Fed. Reg. 18,001 (March 29, 2022)
Protection from Breach of Lease - After a servicemember enters military service, a contract by the servicemember for lease of property may not be rescinded or terminated for a breach of terms of the contract occurring before or during that person's military service. This section applies only to a contract for which a deposit has been paid by the servicemember before the servicemember enters military service.
Read the Law: U.S. Code, Title 50 § 3952
Termination of Lease by Servicemember Tenant - A servicemember tenant may terminate a residential lease at any time after the tenant’s entry into military service or the date of the tenant’s military orders. This also terminates any obligation a dependent of the servicemember may have under the lease.
This applies to leases executed either:
- by or on behalf of a person who, during the term of the lease, enters military service, or
- by 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.
Termination of the lease must be made by delivery of written notice of termination and a copy of the servicemember's military orders to the landlord or landlord’s agent. Delivery of notice may be accomplished by hand delivery, by private business carrier or by placing the written notice in an envelope with sufficient postage and with return receipt requested, and addressed to the landlord or his agent and depositing the written notice in the United States mail.
Termination of the lease that provides for monthly rent payments is effective 30 days after the first date on which the next rental payment is due. In the case of any other lease, termination of the lease is effective on the last day of the month following the month in which the notice is delivered. Any rent unpaid for the period preceding the effective date of the lease termination must be paid on a prorated basis. Any rents paid in advance for a period after the effective date of the termination of the lease must be refunded to the tenant within 30 days of the effective date of the termination of the lease.
Read the Law: U.S. Code, Title 50 § 3955
Penalties
Any person who knowingly violates the above provisions is subject to federal penalties of a fine or imprisonment for up to one year, or both.
Read the Law: U.S. Code, Title 50 § 3955
Visit the Official SCRA Website for more information.