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What is the Servicemembers Civil Relief Act?

The Servicemembers Civil Relief Act (or “SCRA”), 50 U.S.C. § 3901 et seq., is a federal law that provides certain legal and financial protections to active duty service members.

Who is covered by the SCRA?

You are covered by the SCRA if you are one of the following:

How does the SCRA protect service members and their dependents from eviction?

Ordinarily, when a tenant falls behind on their rent, the landlord can use the eviction process to try to have the tenant evicted for nonpayment of rent.

However, if the tenant is an active duty service member who is covered by the SCRA, or a dependent of an active duty service member who is covered by the SCRA, the SCRA may protect the tenant from being evicted, at least temporarily:

These eviction-related provisions of the SCRA are at 50 U.S.C. § 3951

If the landlord files an eviction complaint against a tenant who is covered by the SCRA, what can the tenant do?

If your landlord files an eviction complaint against you for nonpayment of rent, you can ask the court for a “stay” (delay) of the eviction proceedings.

You will be required you to show that your nonpayment of rent is directly related to the service member’s active duty status.

You can ask the court to “stay” the eviction proceedings in one of two ways:

If you are covered by the SCRA learns that you have been evicted, what can you do?

If you learn that you have been evicted for nonpayment of rent, but you did not have an opportunity to ask the court for a “stay” (delay) of the eviction proceedings, you can file a motion to “set aside” (overturn) the eviction judgment with the clerk of the court. R.P.E.A. Rule 14(a)(7)

Additional Resources

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Legal Eviction Information and Resources - AZEvictionHelp.org