soldier act

Started by BillyH • 6 replies • 1322 views

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BillyH (Georgia)
Posts: 9

Posted:

We have a problem with the mother of a deployed soldier, creating problems drinking, parties, screaming curse words in the middle of the night. We tried to evict but were stopped by her lawyer, because of the soldiers act. Anyone have any ideas.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

How can you evict this person? The HOA can not evict a renter. The soldier act I believe applies to HOA dues. That a soldier while on duty may "waive" paying those dues until they come home. Essentially meaning, the HOA can NOT lien or foreclose on the property for unpaid dues while the soldier is out of the country (or state).
One of my board members was deployed to the middle east. They continued to pay their dues through automatic deposit. However, we couldn't add late fees or interest to their account if they hadn't arranged automatic pay. All back dues eventually would have to be paid once returning home for the time missed.
If this person is too roudy, enforce the rules if you have any about noise control. Call the police. Let them handle the situation. You can't evict someone from property you don't own.

Former HOA President

BradP (Kansas)
Posts: 2,640

Posted:

Billy:

Why don't you try to be sympathetic to her. Obviously she is distressed because her child is in danger of getting killed every day. I only hope I never have to go through that as a parent. Talk to her instead of giving the boot.

JM2 (Oregon)
Posts: 439

Posted:

Hi Billy:

The best way to deal with someone disturbing the peace is to call the police.

JPM

BillyH (Georgia)
Posts: 9

Posted:

I don't live on the property, I own three units. Police have been called three times, neighbors have talked to her and she becomes very aggressive towards them. Last friday night at one a.m there were fifteen people in parking lot drinking and smoking pot. When police arrived they scattered. We talked to her daughter in Irag she told us to kick her out if this continued.

MicheleD (Kentucky)
Posts: 4,491

Posted:

I'm confused. Why would the soldier act prevent you from evicting the soldier's mother? The soldier is no doubt over 18. Who's name is on the lease or whatever it is? both? hers? the soldiers? I don't see why you can't evict the mother as long as you keep the unit for the solder (if it belongs to the soldier)?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Again, who does the property belong to? The HOA can't toss someone out. ONLY the owner can toss out their renters. The HOA can hold the owner responsible for the renter's behavior to some point.
If you own the property, then take the proper steps to evict. Each state is different and there are Renter's rights. Those renter's rights can keep an occupent in a home for 6 months to over a year without paying a single rent payment! You can't arbitarily evict anyone. They have rights too.
I am a former owner who rented out my HOA property. The renter I had was in a motorcycle group, ran a business out of my home, and had a baby emu living in the backyard!!! It took me over 5 months to kick my tenant out. I even put the house up for sale to give them a "hint". The house was a wreck when I finally got the sheriff's department out.
So don't assume, that you can "kick out" someone overnight. Just keep the police visits up and record them. If they aren't the owner, then let the owner know what the condition of their property is and let them handle it. You can't evict FOR the owner.

Former HOA President

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