Law protects renters when landlord faces foreclosure - Military Financial Advice - Military Times

Law protects renters when landlord faces foreclosure

A new law gives extra time to most renters — including military renters — who are forced to move because their landlord’s property has been foreclosed.

Signed into law May 20 by President Barack Obama, the Protecting Tenants at Foreclosure Act of 2009 allows renters to remain in the property until the end of their lease unless the lender sells the property to a third person who will live in that property.

But even in those cases, tenants must be given 90 days’ notice before they are required to move.

“We need to get the word out,” said Army Col. Shawn Shumake, director of legal policy for the undersecretary of defense for personnel and readiness.

This law can make your life easier by giving you some choices, Shumake said.

“If the landlord shows up with $500 as an incentive for you to move, you need to think it through,” he said. “For example, if you’re going to make a [permanent change-of-station move] in the next two or three months, do you really want to move twice?”

Additional protections under the Servicemembers’ Civil Relief Act can buy even more time, he noted. Under the SCRA, a service member can’t be evicted without a valid court order. That applies regardless of whether the service member is deployed, and it applies to family members when the service member is deployed.

A year ago, a law was enacted that allows the military to pay for local moves for service members and families who must move because of a landlord’s foreclosure.

But, as Shumake notes, if you can avoid the disruption and expense of moving, all the better.

This new law makes it even more important to go to your base legal assistance office to explore your options if you are a military renter whose landlord says he’s facing foreclosure.

Baby catalog arrives

The 2009 Spring/Summer Baby Book is now available at all military main exchange stores and online at www.aafes.com, www.navy-nex.com, www.usmc-mccs.org; and www.cg-exchange.com. It features 52 pages of items for children ranging from newborn to early adolescents, as well as for expectant mothers and new dads. Prices are good through Sept. 25.

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Questions or suggestions? E-mail staff writer Karen Jowers.