Full question:
Can the landlord evict an active duty memeber's spouse for nonpayment or late rent. Also, I need a legal statement showing the laws that stop an eviction of said spouse.
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: California
Answer:
The Soldiers' and Sailors' Civil Relief Act of 1940 (SSCRA) protects active duty service members and their dependents from eviction. This law applies to service members entering or called to active duty, including reservists and National Guard members on federal service.
Under the SSCRA, landlords cannot evict a service member or their dependents without a court order if the rent is $1,200 or less per month. If a service member signed a lease before entering active duty, they can request a court to delay eviction proceedings for up to three months if their ability to pay rent was significantly impacted by military service.
Additionally, California law requires landlords to provide 60 days' notice before evicting a tenant who has lived in a dwelling for one year or more, or 30 days for tenants who have resided for less than one year (Cal. Civ. Code § 1946.1). This law is in effect until 2010.
Army Emergency Relief (AER) can assist service members facing eviction by providing financial aid to cover rent, provided there is an eviction notice from the landlord.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.