Legal Question in Landlord & Tenant Law in California

isn't a federal offence to knowly evict a service man on deployment

I was recently evicted with my 3 children for being late on my rent my husband is currently serving in IRAQ and my question is how was my landlord able to evict me when the soldiers and salior act clearly says it is a federal offence to knowly evict a service member and his dependants while they are deployed ..I had gone to court and it was ruled that the service member act did apply and a state for 90 days was imposed by the judge which meant i was due back in court on november 17 ....but october 11 I recieved a phone call from a lawyer saying he was giving me exparte notice and to appear in court oct 13th .In court on the 13th the judge allowed the lawyer to dissmiss my husband of all charges and then proceed against me ,a writ of posseion was granted and shortly after the sherifs posted a notice to vacate order on my door telling me to be out by oct 23 .I tried to file a order to quash ex parte writ of possession but was to late .I have thus since moved out and am homeless with 3 children. I was assured by my husband and his comanding officer that everything would be fine and that I could not be evicted I was even paying rent .... so how did they evict me? and is there anything I can do ... help


Asked on 11/15/05, 6:24 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: isn't a federal offence to knowly evict a service man on deployment

The landlord must have named you in the complaint for eviction along with your soldier-husband. Since the landlord dismissed your husband, and you are not technically subject to the Relief Act because you're not a serviceman, the landlord was able to evict you. If you were paying your rent, it's a shame the landlord did this. I'm not sure if the landlord should have gotten away with this. You were obviously married to a soldier, and I am assuming he was the sole breadwinner. Call me to discuss this.

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Answered on 11/15/05, 7:17 pm


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