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Last page edit 03/14/08
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Eviction or Distress Action During Period of Military Service (50 App. U.S.C.A. Section 501 et. seq.) If the rent is $1200 or less per month for premises occupied for dwelling purposes by the wife, children, or other dependents of a person in military service, no eviction or action of distress can take place except by order of a court upon application or in a proceeding that affects the right to possession of the premises. In these cases, the court may in its discretion, and must if requested, grant a delay of up to three months, unless in the opinion of the court the tenant's ability to pay the agreed rent is not materially affected by the military service. The court may make any other order that is just. Where a delay or other order is granted by the court, the owner of the premises is entitled to the relief relating to payments on installment contracts for purchases of property, payments on mortgages, trust deeds, etc., and payment of real property taxes, that federal law provides for persons in military service. Any person who knowingly participates in an eviction or distress in violation of this law is subject to federal penalties of a fine or imprisonment for up to one year, or both. The Secretary of Defense, etc., may order that a portion of the pay of the person in military service must be allotted for rent of the premises. Last date legally reviewed: 3/14/08 (PLL/M.A.J.) Source: Baltimore Neighborhoods (BNI) - See main Landlord Tenant section for more information on BNI. Updated by the Maryland State Law Library (MSLL). |
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