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I was employed as a resident manager of an apartment complex. I recently loss my job, my former employer has given me twenty-four hours to move. Is that right?

Some employees are given housing as part of their employment. If the employment ends,

the former employee can be asked to move without any additional notice besides a demand for

possession. If the former employee refuses tomove, the employer cannot just come and move

the employee out. The former employer will hav to file a dispossessory to remove the former

employee. The employee would be considered a tenant at sufferance.

Military Service Members as Tenants

I am serving in the military and my family cannot afford to pay their rent. What can I do to protect my family from being evicted?

As an active member of the military you have protection under state and federal law. The

federal law, the Service Members Civil Relief Act does not excuse soldiers from paying rent but

it

does

afford

some

relief

if

military

servicmakes

payment

difficult.

Military

members

and

their dependents have some protection from eviction. Before a ourt can evict it must find that

the service member's ability to pay rent was not materially affected by his military service.

“Material effect” is present when the service member does not earn sufficient income to pay the

rent. When the member’s ability to pay rent is“materially affected” by his military service, the

court may stay the eviction for up to three months unless the court decides a shorter or longer

period

is

in

the

interest

of

justice.

The

miryamember

or

his

dependents

must

request

this

relief. There is no requirement t at the lease be entered into bef re entry into active duty. This

rule applies when:

  • The landlord is attempting eviction during a period in which the service member is in military service or after receipt of orders to report to duty;

  • The rented premises is used for housing by the spouse, children, or other dependents of the service member; and

  • For 2010, the agreed rent does not exceed $2,958.53 per month. The amount is subject to change in February of each year.

69

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