欢迎加入! 住宅租赁给军人家庭- 2014年11月
有27个 military bases in Virginia with every branch of the service having at least one base. Quantico, 尤斯蒂堡, and Naval Air Station Oceana are some of the installations that bring people and dollars to Virginia. Military personnel coming to the Commonwealth for a limited duration provide a steady market for rental properties. Both landlords and military tenants should be aware of special legislation and procedures designed to protect servicemembers. §§ 501-597b) codifies provisions designed to help active duty personnel meet their financial and legal obligations, 其中一些涉及不动产.
与公寓和房屋租赁直接相关, the SCRA addresses early termination of leases in certain cases and offers military tenants protection against evictions while on active duty. 弗吉尼亚州议会已经颁布了相应的立法.
通常被称为"军事条款", early termination of rental agreements by military personnel is controlled by SCRA and Virginia Code § 55-248.21:1. Both the circumstances in which a servicemember may terminate a lease early and the procedure to be followed are given. 简而言之，在以下四种情况下允许提前终止合同:
1. permanent change of station orders to depart 35 miles or more from dwelling
2. temporary orders in excess of three months' duration to depart 35 miles or more from dwelling
3. 被解除现役的被解除现役的
4. ordered to report to government-supplied quarters resulting in the forfeiture of basic allowance for quarters
在上述四种情形之一的情况下终止租赁协议, the servicemember must provide the landlord with written notice of termination to be effective on a stated date not less than 30 days after the next rental payment is due. Assuming rent is due on the first of each month, notice provided any time between May 2nd and June 1st 将于6月30日生效th. 同样，通知提供6月2日之间的任何时间nd and July 1st 将于7月30日生效th.
在终止日期之前, the servicemember/tenant shall give landlord a copy of the official orders or a signed letter from the tenant’s commanding officer confirming the orders. Providing official documentation of the transfer is not required to begin the 30-days notice but is merely support necessary to finalize the early termination. The termination date may not be more than 60 days prior to the departure date on the orders.
Once procedures have been followed, the landlord may not charge liquidated damages. 例如, a lease provision stating that one-month’s rent is charged in case of an early termination would not apply if the move falls under the military clause. The servicemember/tenant will be released from further obligations under the terms of the lease except to turn over possession in good condition.
SCRA还为部署人员提供保护. If a landlord wants to be heard on a cause of action against a party who does not appear in court, the judge will require submission of a completed affidavit regarding military status of the absent defendant. The affidavit is a notarized statement declaring that the defendant is or is not in military service and the supporting facts. For a summons of unlawful detainer or a warrant in debt typical supporting facts would be information provided on the rental application. The court provided form of affidavit for a default judgment can be found on the Virginia court website.
When the landlord declares in the affidavit and provides supporting facts that the absent defendant is not in military service, the matter will be heard by the court and a default judgment may be granted. Alternately, when the landlord/plaintiff is unable to determine whether or not the defendant is in military service, the court may require the plaintiff to file a bond in an amount approved by the court before proceeding.
当缺席的被告, in fact, 被认为是一名军人, 法官将根据《十大正规网赌网址》(50 U.S.C.A. App.§521)，并将暂停诉讼至少90天(50 U.S.C. App. § 522). 在此期间, appointed counsel will attempt to locate the servicemember and will either appear at the next hearing or will file a report with the court. The cost of the court-appointed counsel will be initially borne by the plaintiff along with all other costs in a civil action. 这笔费用可能会被加到原告要求的判决中. The merits of a claim for reimbursement of legal expenses will be adjudicated at the hearing and considered by the court.
A servicemember may waive rights and protections under SCRA if made in connection with a written agreement. It is not uncommon for a landlord to require a waiver of the appointment of an attorney or guardian ad litem, 因此也免除了90天的停留期(50美元).S.C.A. App. § 517). The waiver must be in writing, prominently displayed and in at least 12-point type.
SCRA下的救济并不总是自动的. 在某些情况下，十大正规网赌网址人员可能需要来自 武装部队法律援助办公室 或者私人律师. Similarly, relying on the Virginia Landlord Tenant Act alone will not keep a landlord compliant with federal and state legislation when leasing to military families.