Can A Military Affidavit For Eviction Help Servicemembers?

A military affidavit is a sworn statement a service member files to trigger the Servicemembers Civil Relief Act's eviction shield. It declares active‑duty status, cites specific orders, and confirms the inability to appear in court because of military obligations. The affidavit must be signed, dated, and include the member's unit, rank, and deployment dates; landlords rely on it to pause eviction proceedings until a court evaluates the claim (see the Servicemembers Civil Relief Act).

Typical use cases mirror the scenarios discussed later in 'how does it protect you from eviction?': a soldier deployed overseas receives a 30‑day notice, attaches a military affidavit citing orders and the SCRA provision, then the court stays the action. A reservist called to a two‑month training cycle files an affidavit on the same grounds, prompting the landlord to seek a temporary payment plan instead of immediate removal. In both examples the affidavit serves as the official proof that military duty supersedes civil court timelines.

A court that receives a military affidavit reviews the document and may issue a stay that pauses the eviction process. This pause gives the servicemember breathing room to address the rent shortfall while the court determines whether SCRA protections apply (as described earlier).

• Stay can last up to 90 days; judges may extend it if the situation warrants it.
• During the stay, landlords must refrain from prohibited collection tactics such as threatening legal action or entering the unit to enforce payment.
• Rent demand remains permissible, but any attempt to coerce the tenant beyond lawful notice is barred.
• Credit‑reporting activity is not outright banned, yet landlords must ensure entries reflect accurate, non‑harassing information.
• The affidavit puts the tenant's military status on the record, forcing the landlord to negotiate or wait for the stay to expire before proceeding.

The following section explains when a servicemember qualifies to submit a military affidavit.

Eligibility for a military affidavit hinges on active‑duty status and a pending eviction or court action. The SCRA provides relief only when those specific conditions line up.

• Active duty service, including federally activated National Guard or Reserve, triggers eligibility.
• A landlord‑initiated eviction suit, notice, or court filing must occur within 90 days before or after the service member's activation.
• The dwelling in question must be the service member's primary residence or a unit for which they hold legal responsibility.
• Proof of deployment - orders, an official statement, or the completed SCRA affidavit form - must accompany the request.
• The same tenancy cannot have already benefited from a prior SCRA eviction protection, and the affidavit must be submitted within the statutory window.

The military affidavit, paired with a motion for a stay, puts the court on notice that eviction must pause while service‑related concerns are examined. Courts treat the filing as a strong presumption in the servicemember's favor, yet they retain discretion to deny the stay if the landlord demonstrates substantial hardship.

1. Prepare the affidavit - Complete the official form, attach orders confirming active duty, and sign under penalty of perjury.
2. Draft a motion for stay - Explain why the service interruption prevents timely defense, cite SCRA § 202, and outline any landlord hardship you can refute. (the SCRA stay provision)
3. File with the court - Submit both documents to the clerk's office, pay any filing fee, and obtain a case number.
4. Serve the landlord - Deliver copies according to local rules (personal service, certified mail, or electronic filing).
5. Schedule a hearing - Request a prompt hearing; be ready to argue the necessity of the stay and to counter any undue‑hardship claims.
6. Follow the court's order - If the stay is granted, the eviction is frozen; if denied, prepare for the next procedural step (as we covered above in 'how does it protect you from eviction?').

Proceed to the next section for data on how often stays translate into successful outcomes.

No solid data confirm an 80 % win rate for military affidavits, but courts frequently side with servicemembers when the document satisfies Servicemembers Civil Relief Act (SCRA) criteria (Servicemembers Civil Relief Act overview). Outcomes differ by jurisdiction, landlord behavior, and timing of the filing, so success cannot be generalized.

An affidavit alone does not trigger an automatic stay; the servicemember must invoke SCRA protections and the judge must issue a stay after reviewing the request. Some judges ask landlords to demonstrate hardship before proceeding, yet this requirement varies and is not universal. As we explained earlier, qualifying for the affidavit hinges on active duty status and proper service of notice. The upcoming real‑deployment story illustrates how a properly filed affidavit halted eviction proceedings.

The military affidavit halted an eviction while Sergeant Diaz was serving overseas, keeping his family's apartment safe until his return. The court granted a stay within days of receiving the paperwork, demonstrating the affidavit's immediate protective power.

Diaz mailed a completed DoD Form 2222, attached his deployment orders, and cited the Servicemembers Civil Relief Act. The landlord's complaint was paused for the statutory 90‑day period, giving Diaz time to arrange payment via his family's joint bank account. As discussed earlier, eligibility hinges on active duty status and a valid lease, both of which Diaz satisfied. For the exact filing steps, see Military OneSource SCRA affidavit guide.

When the deadline approached, the landlord withdrew the suit, noting that the affidavit's stay satisfied the SCRA requirement. Diaz's home remained intact, and the experience later informed his advice to peers about avoiding common landlord tricks (see the next section).

Landlords habitually exploit loopholes in the military affidavit process; here are the four tricks they rely on. Spotting them early prevents unnecessary delays.

• Claiming the affidavit is incomplete - they request paperwork beyond SCRA requirements, buying time to move forward with eviction. Cross‑check the required items listed in the 'what is a military affidavit?' section.
• Filing the affidavit after the eviction deadline - courts may deem the submission untimely, allowing the case to resume. Review the timing guidelines covered in 'when do you qualify for this affidavit?'.
• Misrepresenting service dates - shortening the protected period lets the landlord argue the affidavit doesn't apply. Request official orders as advised in 'submit your affidavit to halt proceedings'.
• Submitting a false affidavit to force settlement - fraudulent statements can pressure tenants into paying or vacating. Challenge the claim under false‑statement provisions, a tactic explored in 'what if your landlord files a false one?'.

A landlord who submits a false military affidavit forces the tenant to file a formal objection or response to the eviction notice. The tenant must attach proof that the affidavit is inaccurate - such as discharge papers, DD‑214, or a statement from the service branch confirming non‑membership. Presenting this evidence before the hearing allows the judge to treat the claim as unsubstantiated and continue with the eviction process on its ordinary merits (see SCRA overview).

Courts typically treat a knowingly false military affidavit as a violation of state procedural rules and may impose sanctions ranging from monetary costs to contempt findings for perjury. The burden of disproving the landlord's assertion rests on the tenant; the landlord is not required to produce military orders unless the tenant's evidence is insufficient. Sanctions are not prescribed by the SCRA but arise from local court standards for fraudulent filings, which can include attorney fees and, in severe cases, referral for criminal prosecution.

A servicemember can keep the courtroom at the base by filing a SCRA‑approved military affidavit and arranging remote participation. The affidavit requests a continuance, while video‑link or telephone appearance lets the judge hear the case without travel.

First, obtain the affidavit through the base legal office or a qualified attorney; second, serve it on the landlord within the statutory deadline; third, file a motion for a stay of proceedings, attaching the affidavit; fourth, coordinate with the court clerk to set a virtual hearing; fifth, test the connection with the judge's platform before the scheduled date.

• Verify the affidavit cites deployment dates and SCRA protection clauses (as covered above).
• Include copies of orders, housing contract, and any payment records with the motion.
• Notify the landlord of the virtual hearing schedule in writing, using certified mail.
• Request that the judge allow a telephone or video link; most courts accept this when a servicemember is stationed overseas.
• Prepare a concise statement of why the eviction threatens SCRA‑protected housing, keeping it under two minutes.

Base legal assistance can review the affidavit, confirm the remote‑hearing request, and provide a point‑of‑contact for the court. Ensuring reliable internet, a quiet space, and a backup phone line maximizes the chance that the judge hears the case without the need to leave the installation.

A military affidavit can stall an eviction that targets the servicemember's portion of a shared lease, yet it does not automatically nullify a landlord's claim against a civilian roommate.

Key effects in a shared‑housing scenario:

• The affidavit invokes SCRA protection for the active‑duty tenant and any dependents, limiting court‑ordered eviction for non‑payment up to the annual rent cap (≈ $4,003 in 2024).
• The landlord must demonstrate that proceeding would prejudice the non‑protected co‑tenant; courts often require a separate hearing for that party.
• If the lease lists the servicemember as a joint tenant, the affidavit can force the landlord to address the entire tenancy, potentially buying time for all occupants.
• Success hinges on lease language, the jurisdiction's interpretation of SCRA, and whether the servicemember's deployment meets the 90‑day criteria discussed earlier.

Because outcomes vary, contacting the base legal assistance office or a JAG attorney before filing ensures the affidavit is tailored to the specific shared‑housing arrangement and avoids false expectations (as we noted in the 'landlord affidavit tricks' section).