Can I Evict A Tenant With Active Military Status?

scra eviction protection

As a landlord, you may wonder if you are allowed to evict a tenant with active military status.

You are right to ask this question because making a mistake in this area can cost you dearly, not to mention wreak havoc on a servicemember who may deserve the protections of the Servicemembers Civil Relief Act.

Being on active military status provides certain protections under the Servicemembers Civil Relief Act (SCRA), including civil actions such as evictions.

These protections are in place in order to help our military personnel stay focused on their essential jobs without worrying about their lives back home. It helps service members materially affected by his or her military service. But sometimes, it becomes necessary to evict a servicemember.

The most common reason for eviction is failure to pay rent. However, landlords should know that even this is not reason enough if a tenant has active military status. Landlords who attempt to evict an active servicemember without following the proper steps can face stiff penalties or even jail time.