questions & answers

Question: I received a 5 day pay or quit notice. I contacted the apartment complex and told them I was having financial difficulties and could only pay Decembers full amount, but not the prorated amount. Im active duty military, what can I do. They won't work with me, even when they have a program to split payments up. What are my options?

Answer: Under the federal Servicemembers Civil Relief Act (50 App. U.S.C.A. § 531), an active duty military member may not be evicted by a landlord from a rented residential dwelling for non-payment of rent during an existing lease (and provided that the rent does not exceed $3,451.20). Only a court may order the eviction of an active duty military member. (The court will only do so if it is convinced that the military member’s active duty status has not materially impacted the military member’s ability to pay rent.) An active duty military member who is threatened with eviction for non-payment of rent should immediately bring the protections provided by the Servicemembers Civil Relief Act to the attention of the landlord and also deliver to the landlord (by hand or registered mail) a dated letter informing the landlord that the military member’s failure to pay rent in full or on time is directly related to that military member’s active duty status and continuing service. Especially in an urgent situation, the military member may wish to seek legal advice. There are links to organizations offering free or low-cost legal services on this website.