Military Tenants

By Christopher A. LaVoy, Esq.
Tiffany & Bosco, P.C.

A while back I wrote an article on whether a mini-storage operator can foreclose on a renter in the military, which emphasized the severe restrictions on conducting such a foreclosure. You should refer to that article for any questions specifically related to foreclosure. This article deals more generally with renting to military personal. I wanted to suggest certain good practices that will help avoid the difficult situation of needing to foreclose.

First, always ask if a renter is in the military and, if so, get the renter’s social security number if (I’ll explain why below).

Second, if the renter is in the military and you are using the newly revised AZSA lease, insist that the renter list an “alternate contact” person on the lease. The newly revised AZSA lease grants the “alternate contact” person access to the leased space if the renter is on active military duty. Thus, if the renter stops making payments, rather than confronting the difficult foreclosure situation, you can simply call the “alternate contact” person to come empty out the unit, which hopefully he or she will do. While you will not recover the unpaid rent from a foreclosure sale, at least you will get the unit back quickly.

Third, if you want to be able to foreclose on a military renter without the problems mentioned in my previous article, you can have the renter sign a “waiver” whereby the renter waives the restrictions on a foreclosure sale under the Servicemembers’ Civil Relief Act (previously known as the Soldiers’ and Sailors’ Civil Relief Act). AZSA recently drafted such a “waiver” form which is available to members of the association.

Fourth, if you cannot locate a military renter, then having his or her social security number will enable you do so, by contacting the locator service for the applicable military branch, as listed below:

U.S. Army Enlisted Records & Evaluation Center

Attn: Locator

8899 East 56th Street

Fort Benjamin Harrison, IN 46294-5301

1-800-318-5298

Commandant of the Marine Corps

Headquarters, USMC

Code MMSB-10

Quantico, VA 22134-5030

1-703-784-3941 (and 3942 and 3943)

HQ AFMPC/RMIQL (Air Force)

550 C. Street, West, Suite 50

Randolph AFB, TX 78150-4750

1-210-652-5772

World Wide Locator

Bureau of Navy Personnel

PERS 312F

5720 Integrity Drive

Millington, TN 38055-3120

1-901-874-3388

I hope this helps you in dealing with military renters.

[This article deals with a law related subject at a general level and is not intended for you to rely on. You should consult a lawyer before making a final decision in a situation involving any legal issues.]

Christopher A. LaVoy is partner in the law firm, Tiffany & Bosco, P.C., and serves as AZSA’s legal counsel.

Source: Behind Closed Doors, AZSA Newsletter Archives