NAA Lease addresses U.S. Servicemembers Civil Relief Act.Because of the ongoing deployment of U.S. Armed Forces overseas and the call-up of members of the reserves and National Guard, in December 2003 Congress enacted the "Servicemembers Civil Relief Act The Servicemembers Civil Relief Act (formerly called the Soldiers' and Sailors' Civil Relief Act) is a United States federal law that protects soldiers, sailors, airmen, and marines from being sued while in active military service of their country. " (SCRA SCRA South Carolina Research Authority SCRA Sprint Car Racing Association SCRA Servicemembers Civil Relief Act of 2003 SCRA Securities Contract Regulation Act (Indian law) SCRA Scottish Countryside Rangers Association ). The act completely replaced the Soldier's and Sailor's Relief Act of 1940. The statute applies both in times of peace and war, and it addresses a variety of subjects. Owners and managers need to be aware of the requirements of the SCRA, the recent amendments to it and the NAA NAA Nomina Anatomica Avium. Lease changes flowing from it. This is especially important when owners face: * The sudden move-out of a resident because of military deployment Military deployment is the movement of armed forces and their logistical support infrastructure. In most of the world's navies, a deployment designates an extended period of duty at sea. , permanent change of station, reservist re·serv·ist n. A member of a military reserve. reservist Noun a member of a nation's military reserve Noun 1. or National Guard call-up, voluntary enlistment, military draft or release from active duty; * the failure of military residents to pay their rent; or * an eviction The removal of a tenant from possession of premises in which he or she resides or has a property interest done by a landlord either by reentry upon the premises or through a court action. of military residents or their dependents. In late 2004, a year after enacting the SCRA, Congress amended the act. On Dec. 10, 2004, President George W. Bush signed those amendments into law. The amendments provided that lease termination by a servicemember automatically terminates the lease for a dependent who may have also signed the lease. The amendments also require any waiver of the SCRA by a servicemember to be in a separate document and in 12-point type. Rental housing owners and managers must be aware of the specifics of the military clause of the NAA Lease contract and the Servicemembers Civil Relief Act, as amended Dec. 10, 2004. In most cases, the owner is legally entitled to strictly enforce the military clause in the NAA Lease. There may be some situations, however, where human compassion and patriotism should compel an owner to be more lenient in enforcing the military clause, even though the owner may be entitled to strictly enforce it under the law. For information on the NAA Lease, contact NAA National Lease Manager Michael Semko at michael@naahq.org. For More Information, See www.naahq.org/SCRA A comprehensive article discussing the ramifications ramifications npl → Auswirkungen pl of the SCRA and how the NAA Lease and Lease Addendum addendum n. an addition to a completed written document. Most commonly this is a proposed change or explanation (such as a list of goods to be included) in a contract, or some point that has been subject of negotiation after the contract was originally proposed by Regarding Limited Waiver and Modification of Rights Under the SCRA address the legal issues that are involved with military personnel (along with a copy of the SCRA and the 2004 Amendments) can be found at the NAA Web site, www.naahq.org/SCRA. Larry Niemann is General Counsel for the Texas Apartment Association. Michael Semko is NAA's National Lease Manager. He can be reached at michael@naahq.org. |
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