Hi. I am a private landlord who rented to a reserve Soldier and his Spouse, both signed the lease. The Soldier was ordered to 400 days of Active Duty in a different state. He stated that he is the only one that would be leaving and his wife would stay behind. Four days ago, the Soldiers wife contacted me and said that the army is requesting she be with her husband to be closer to military programs and they must leave now. I found out the wife story to be false. Under the SCRA, I should be given a written notice and orders at least 30 days prior. Therefore, I am owed May's rental payment. The wife does have employment to support. The lease is up in July.
As a landlord you do fall under the provisions of the SCRA. The SCRA does provie protections for those on active service and their spouses. While this does not relieve their obligation to pay the rent it does afford them a stay on any eviction proceedings or default judgments.
Contact a local attorney with landlord-tenant experience so that you are advised of all your options.
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