What is SCRA?

The Servicemembers Civil Relief Act (“SCRA”), 50 U.S.C.  §§3901-4043, is a federal law that provides certain legal and financial protections to servicemembers (and in some cases their dependents).

Who is eligible?

You may be eligible for SCRA protections if you are serving on active duty in the U.S. Armed Forces (Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard); are a reservist or member of the National Guard serving on federal active duty; are a member of the National Guard serving on 32 U.S.C. § 502(f) orders to respond to a national emergency for more than 30 consecutive days; are a reservist and have received orders to report for military service; or are a commissioned officer in active service in the Public Health Service (PHS) or the National Oceanic and Atmospheric Administration (NOAA). 

What types of protection may apply in housing or eviction matters?

The SCRA provides protections related to court proceedings, including when a landlord or property management company sues a servicemember and the servicemember does not respond to the complaint. 

In that situation, the SCRA requires the housing provider or property management company to file with the court an affidavit stating whether or not the servicemember is in military service and showing necessary facts to support the affidavit or stating that it is unable to determine whether or not the defendant is in military service. If the defendant is a servicemember, the court is required to appoint an attorney to represent the servicemember. The SCRA also requires the court to postpone the case for at least 90 days if the court determines that the servicemember has a defense to the action that cannot be presented without their presence in court. 

The SCRA also prohibits landlords and property management companies from evicting servicemembers and their dependents without a court order. In the court proceeding, the judge can adjust or postpone the enforcement of a lease if the servicemember’s ability to pay the rent is materially affected by their military service.

How to request SCRA review or raise concerns…

If you believe you may be eligible for SCRA protections, or if you have questions or concerns related to SCRA protections in a matter involving Rental Marketing Solutions, LLC (RMS), please contact our Designated SCRA team:

Phone: (727) 233-4853
Email: cheryl@rmsrents.com –  Cheryl D’Aloia
            contact@rmselite.com – Jana Way

Please include your name, property address, and best contact information. If you have military orders or documentation of military status that you wish to share, you may provide it by email.

Additional Resources…

Legal assistance is often available through your branch’s Judge Advocate General (JAG) or your installations’ Legal Assistance Office. A military legal assistance office locator for all branches of the Armed Forces is available at http://legalassistance.law.af.mil.

Important note: This page is provided for informational purposes and does not constitute legal advice. Eligibility and relief under the SCRA depend on the applicable SCRA provision.