Leases With Active Military Personnel

April 19, 2004 Advisory

The current war against terrorism and post-war involvement with Iraq warrants a quick review of the recently enacted Service Members Civil Relief Act, 50 U.S.C. App. 501, Pub. L. No. 108-189,117 Stat.2835 ( effective Dec. 19,2003). This Act is a restatement, clarification and revision of the Soldiers' and Sailors' Civil Relief Act of 1940 , 50 U.S.C. App. Section 501(collectively the "Act"). The general purpose of the Act is to temporarily suspend certain legal proceedings and transactions which might "...adversely affect the civil rights of servicemembers during their military service." (Section 2 of the Act). Among these transactions are commercial and residential leases which may be materially affected by the Act.