Legal Question in Civil Litigation in California
Evicting Someone in the Armed Forces
Can a landlord of a commercial property legally evict someone if they are serving in the military, and are Iraq on active duty?
3 Answers from Attorneys
Re: Evicting Someone in the Armed Forces
Check the Soldier and Sailors' Relief Act which generally prohibits the entry of a default against active duty millitary personell.
Re: Evicting Someone in the Armed Forces
There is nothing to prevent you from proceeding with an eviction. However, you must sign a declaration concerning the defendant's military service. The court then is required to appoint an attorney to represent him or, within 90 days after the defendant leaves military service, he/she could move to set aside the judgment.
Re: Evicting Someone in the Armed Forces
Not sure, but I do not think so.
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