Evicting a tenant who’s serving on active duty isn’t the same as a routine eviction. Federal protections are in place to make sure service members aren’t forced out of their homes without following very specific SCRA rules. Skipping those requirements doesn’t just risk slowing things down, it can trigger penalties, get your case thrown out, and even leave you with lasting legal headaches.
The Servicemembers Civil Relief Act was designed to give military families breathing room during deployments and other service duties, while still keeping things fair for landlords. In the sections ahead, you’ll find six key steps that every property owner should follow to stay compliant and protect both their investment and the rights of tenants in uniform.
Table of Contents
Confirm Military Status
No court will even look at your eviction filing if the tenant’s military status hasn’t been verified. That’s why your very first move should be checking whether they’re currently on active duty. The Servicemembers Civil Relief Act puts specific protections in place that can delay or reshape the eviction process entirely.
The most reliable place to confirm this is the Defense Manpower Data Center, though a number of third-party services can also provide official verification. Always hang onto a copy of the results, many courts require you to submit proof or an affidavit before the case can proceed.
Don’t rely on just one check. Military assignments can shift with little warning, even overnight. Running a second verification before you file helps you avoid surprises that could stall your case. Think of it as part of your regular eviction prep. Building status checks into the routine shows the court you did your due diligence and saves you from expensive setbacks later.
Understand Federal Protections
Plenty of landlords are caught off guard when federal law stops an eviction in its tracks. Under the SCRA, you can’t evict a service member or their dependents without a court order if the rent is below the federal cap.
These protections aren’t just limited to apartments, they also apply to houses, mobile homes, and similar rentals. Dependents and spouses are included as well, which means a lease can’t simply be enforced against them while the tenant is on duty. Sometimes, the court will even put the case on hold if a tenant’s military duties make it impossible for them to keep up with rent on time.
The challenge doesn’t stop at federal law. Many states add their own protections on top of the SCRA, which can change how an eviction plays out That’s why it’s smart to keep an updated list of rent thresholds and local statutes. Doing this gives you the tools to handle tenant notices or transfer orders correctly, and it helps you avoid missteps that could bring your eviction attempt to a halt.
Give Written Notice the Right Way
If you skip details in your eviction notice, you’re setting yourself up for problems later. Courts don’t just glance at the notice, they study it. They’ll want to see that it follows your state’s landlord-tenant laws as well as the Servicemembers Civil Relief Act.
So what should be in it? At minimum:
On top of that, don’t forget the “boring” stuff: full names, addresses, when the lease began, and the legal basis for your action. Leave any of those out and it could be grounds for dismissal.
As for delivery, take the safe route. Make sure you give the tenant the full notice period that your state requires, and deliver it in a way you can prove later. Certified mail works, or you can hand it over in person and get a signed acknowledgment. Add a short note to let the tenant know they can ask for extra time if they are on active duty. This small step shows the court you are following the law and helps avoid arguments later.
Get a Court Order Before You Move Forward
Here’s the catch: no matter how strong your case feels, you cannot evict an active-duty service member without a judge’s approval. The SCRA makes that a firm requirement.
The judge will consider the tenant’s military responsibilities and can decide to put the case on hold for up to 90 days if those duties interfere. In some situations, the deadlines might be shortened or extended depending on what seems fair. A service member can request this delay either by showing up at the hearing and asking directly, or by filing the paperwork ahead of time.
If you’re the landlord, show up prepared. Bring proof that you checked military status, copies of every notice you sent, and the lease itself. Courts don’t appreciate missing documents. Having a lawyer who knows landlord-tenant law and the SCRA really pays off.
Keep a Paper Trail for Everything
In any eviction, paperwork matters. When a service member is involved, it’s even more critical. Start keeping records from the very beginning. That means noting the first military status check, saving copies of every notice you send, and documenting the final action the court takes.
Keep copies of everything, the notices, proof of delivery, and any back-and-forth with the tenant, including emails, letters, or even text messages. If you have tried to resolve the issue before filing, save a record of that.
The best approach is to put everything in order. A simple timeline, status check, notice, delivery, and hearing prep shows the court you handled the process correctly. It also makes it much easier to walk a judge through your side of the story without confusion.
Bring in a Lawyer When Things Get Complicated
Even the most careful landlord can run into challenges when a tenant is covered by SCRA protections. Maybe the law is more complex than expected. Maybe the tenant raises objections, and you’re not sure how to answer. This is when it pays to get a lawyer who has handled military-related cases before.
A good lawyer can explain what each rule means, fill out the right papers for the court, and guide you through the hearing. Even more, their advice can help you avoid mistakes that might cost money or even cause the judge to change the decision.
Maintain contact with lawyers or housing aid groups who regularly work with SCRA-related housing issues. Having those connections in place means you can address problems quickly if needed.
Conclusion
Complying with the SCRA will help you avoid legal troubles. For landlords, it offers a clear path to protect both their rights and those of the tenant.
Make sure to check if the person is in the military, write everything down, and follow the steps the law requires. This keeps things fair, legal, and less stressful for both the landlord and the renter.
