Military Tenants: Active Duty . . . or Not?

by Richard Marmor
Legal & Legislative Chair

It makes a difference. And it’s a big difference. The reason of course is the Servicemembers Civil Relief Act (“SCRA”). It specifically provides that a self-storage cannot foreclose its lien for nonpayment and auction the contents of a unit under lease to someone on active duty in the military, nor for ninety days after the person leaves the military. Violations of the act are misdemeanors punishable by fine and/or up to a year in jail.

But what if you have reason to suspect the person is on active duty but you’re not sure?  I get this question a lot.

Where To Go 

With thanks to a certain manager who doesn’t want me to mention a name, there are some places you can go for answers which were provided to me.

The SCRA provides for the issuance of certificates verifying military duty status. The most direct way to obtain that is on-line at: www.dmdc.osd.mil/appj/scra/scraHome.do  There you can request a single search, or if you want to do multiple searches, you can register – it’s free – and use the site. 

You will need the person’s name, date of birth and ideally their social security number, which is also their military ID number. You can search there without the SSN, but the results are less certain.

If that comes up blank, you can go directly to the service branch involved, send a written request by mail, along with $5.20, to the personnel center for that military branch. Find the addresses here: www.defense.gov/faq/pis/PC09SLDR.html  I am told that responses can take months, and the Department of the Army has made some noise about not doing it anymore for want of manpower (?!), although the SCRA requires it.

Covering Your Bases 

If you are renting to military personnel, ask to see their military ID. By law you may not photocopy it, but you may jot down the ID number. Do that in case you later have to find this person. And be sure to put that information someplace safe. You don’t want to lose control over social security numbers.

Second, make sure to have the tenant sign the AZSA Military Waiver Form. It’s free and available  on the AZSA website. Military personnel are able to waive the protections of the SCRA. It cannot be done by standardized language inserted into a lease. It must be a separate form specific to the purpose that meets some specifications.

Some people may have moral reservations about asking someone serving our country to waive their rights like that. Requiring them to sign the form is not a moral issue. What may be a moral issue is whether the storage operator later uses the waiver to foreclose on the unit, and that will vary with the situation. It’s one thing to have a defaulting soldier who’s under fire someplace or aboard ship at sea, but quite another to have one who lives in Yuma and doesn’t pay his bills.

Spouses 

What if the spouse of an active duty person is the tenant? I have heard it suggested that the SCRA extends to those leases as well. It does not. The SCRA is quite specific on this point. For a dependent of someone in the military to receive the protections of the SCRA, they must obtain a court order to that effect.

When All Else Fails 

You’ve tried and failed to obtain SCRA verification, but you are still concerned that the tenant may be active duty. If you do an Internet search for “SCRA searches” a number of commercial services come up which will do the work for a small fee. Failing that, the safest course of action is to go to court. A court can cut through it all. It may take a while and cost a few dollars, but there is no risk of going to jail, and you aren’t left potentially sitting for years with a stagnant unit.

[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.] 

Richard Marmor, Esq. is a self-storage consultant, facility owner and former facility operator in the Phoenix area.  He is also the founding President and current member of the Board of Directors of the Arizona Self-Storage Association, serving as Chair of the Legal and Legislative Committee. 

Source: Behind Closed Doors, AZSA Newsletter Archives