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Husband deployed in kuwait

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corset

Member
What is the name of your state? Pa
hello
i have a general question on june 2,2003 there was supposed to be an arbitration hearing, however on friday when i went to pay the rent to the courts i wanted to check the file to see the sailors and soliders civil relief act was really there, it was an attached to this affidavit was a copy of my husband orders, the landlord demands proof of his service to his country, ,the lady at the front desk asked who was i and i stated my name, not being the landlord she asked where is the defandent i stated he is currently serving with the united states army in kuwait, she called court lawyer who saw the affidavit along with his deployment, she filed an application for continuance, what are the chances that the court will deny my husband this new court date which is set for september 5,2003, the reason given for continuance is"defendant is deployed into active military duty in kuwait. do i need to go tomorrow??
the sailors and soliders act also protects the spouses and children, can i sue the landlady for harrssement , stress you name it i have records that she knew back in january of husband deployment.
can i stop paying the rent here?
you may be asking why is this in court, she is trying to sell the house, we had a month to month lease and back in november 5, she posted on the back and front door noticed to quit, however she wanted us out on december 1, this was not thirty days noticed
she took us to court and hubby appealed the decision and now he is in kuwait, and im here trying not to get stressed out, however its too late.
back to my question, would the court disallowed the continuance??
thanks ann
 


stephenk

Senior Member
are you asking if you can stop paying rent on your residence because your hubby is in the Army in Kuwait?
 

corset

Member
hubby in kuwait

hi,
just petition the court to allow me to stop paying rent to this witch, oohhh by the way the court granted my stay,, an wonderful attorney appear friday at the court AND DID SEE MY HUSBAND'S ORDERS

second, her lawyer asked me what could be done to make my life a little less stress for i asked for $15,000 not an unfair amt ,, said she doesnt have it, that not my problem,, i cant wait until hubby gets home, do i sound like i want pay back, i sure do, the witch knew all along where my husband was and was told by myself and neighbors about the civil relief act of 1940 but does she listen,, hell no, thought we all lied like her,

thanks for any suggestions
ann
 
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Boxcarbill

Guest
Remind me never to rent to a military family if one loses the use of their property and gets stuck with a deadbeat because their spouse elected to be a military person.
 

corset

Member
husband in kuwait

first off to the last two replys
we are not dead beats we pay our rent,
how dare you sit there and say **** like this
the landlord is a slum lord
thanks but no thanks
 
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Boxcarbill

Guest
Re: husband in kuwait

corset said:
first off to the last two replys
we are not dead beats we pay our rent,
how dare you sit there and say **** like this
the landlord is a slum lord
thanks but no thanks
So move!
 

JETX

Senior Member
Attempt to 'cut to the chase'.

"we had a month to month lease and back in november 5, she posted on the back and front door noticed to quit, however she wanted us out on december 1, this was not thirty days noticed"
*** Okay, then your 'notice' did comply as of Dec 5 unless your state requires notice on the rental due date, in which case the notice would have been valid for January 1. Why are you still there?? And under what authorization??

"she took us to court and hubby appealed the decision and now he is in kuwait, and im here trying not to get stressed out, however its too late."
*** I doubt that 'hubby' appealed. But in any case, why are you still there??

"would the court disallowed the continuance??"
*** Based solely on the information in your post, not likely. The problem is... the 'Sailors and Soldiers Relief Act' does NOT provide for the situation you describe (waiver of notice to terminate lease and/or relief from paying valid rent). It only provides protection from eviction (if your rent is less than $1200 per month). To read the applicable portion of the Act, go to: http://www.chinfo.navy.mil/navpalib/questions/ssrelief/c50art3.html

As for any claims that you are asking against the landlord..... those 'stresses' were easily solved by your moving upon VALID notice of termination of your month-to-month lease.
 

corset

Member
husband in kuwait

thanks for the reply
and to the last statement,
the court granted my husband his stay, that is what the sailors and soliders act is all about the even when we had a normal lease the person did not make any repairs
i am a firm believer in "what goes around comes around, she lied to the courts she knew where my husband was, i have been called a pig, spied on you name it, you people did not see this
yes i could move and i intend to, will never rent from a lowlife like this
and for those that have been very supported i thank you
and for the rest that have called us dead beats and whiners
if the shoe fits wear it
 

JETX

Senior Member
Clearly, you are so 'emotionally blinded' by the extraneous issues, you are ignoring the obvious.

1) You are a month-to-month tenant without a specific lease term.
2) As a m-t-m, your only right to tenancy is 30 days. The landlord can simply give you a 30-day notice to move, or you can give him/her a 30-day notice of your intent to move.
3) The "Sailors and Soldiers Relief Act" does NOT alter the above facts. As noted, it ONLY applies as to evictions.... and you are not being evicted. Your lease (and your right of tenancy) are being terminated.

All the other issues like her being a witch, her rightful expectation of the agreed rent, etc. are simply not relevant to the facts..... and your attempted reliance on them will not work.

You have the simple solution in your own hands.... and have had it all along. Either accept the landlords notice for you to move, or deliver your own. Then, move. The SSRA will not protect you in this matter.
 

JETX

Senior Member
"the court granted my husband his stay, that is what the sailors and soliders act is all about the even when we had a normal lease the person did not make any repairs"
*** You are either confused as to the 'stay' that was granted, or are mis-stating the facts. The SSRA (Sailors and Soldiers Relief Act) has no direct effect on this issue (that of your lease being validly terminated). I assume you are trying to rely on §521 of the SSRA which reads,
"Stay of proceedings where military service affects conduct thereof
At any stage thereof any action or proceeding in any court in which a person in military service is involved, either as plaintiff or defendant, during the period of such service or within sixty days thereafter may, in the discretion of the court in which it is pending, on its own motion, and shall, on application to it by such person or some person on his behalf, be stayed as provided in this Act (sections 501 to 593 of this Appendix) unless, in the opinion of the court, the ability of plaintiff to prosecute the action or the defendant to conduct his defense is not materially affected by reason of his military service."
If correct, the fact is... the valid termination of your lease is not 'materially affected' by his military service.

Clearly, you are so 'emotionally blinded' by the extraneous issues, you are ignoring the obvious.

1) You are a month-to-month tenant without a specific lease term.
2) As a m-t-m, your only right to tenancy is 30 days. The landlord can simply give you a 30-day notice to move, or you can give him/her a 30-day notice of your intent to move.
3) The "Sailors and Soldiers Relief Act" does NOT alter the above facts. As noted, it ONLY applies as to evictions.... and you are not being evicted. Your lease (and your right of tenancy) are being terminated.

All the other issues like her being a witch, her rightful expectation of the agreed rent, etc. are simply not relevant to the facts..... and your attempted reliance on them will not work.

You have the simple solution in your own hands.... and have had it all along. Either accept the landlords notice for you to move, or deliver your own. Then, move. The SSRA will not protect you in this matter.
 
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Boxcarbill

Guest
Re: the stay was granted

corset said:
the stay was granted
the act protect from all judicial proceeding,
we won
What was your purpose in coming to this forum?
 

JETX

Senior Member
"we won"
*** Clearly, you didn't 'win'. You got a temporary stay. And since the SSRA clearly does NOT apply in your situation, no one here can determine why the court granted the request. In fact, it could have been due to the improper notice by the landlord. Or it could have simply been confusion in applying the SSRA to your issue. However, NONE of that is relevant NOW.

The bottom line... you were given notice (probably several times) by the landlord and/or her attorney. Your continued ignoring them is NOT going to be waived by the courts. You are going to have to move...... and NONE of this falls under the scope of the SSRA.
 

corset

Member
husband in kuwait

and what is your purpose
you are rude
just like everyone else in this country we have a right to law not be taken adventage and fight for what is right,
i have researched the civil relief act
and it entitles stays for all judicial proceeding my husband is serving his country, he is entitled to be there to respresent himself in a court of law, we have done nothing to hinder this landlady and second according to the federal law anyone causing stress upon noticed of said deployment which she even called his work is punishable by jail and fines and or both
and i being the spouse is protected as well from any stress
and according to the appeal, as long as i kept paying the rent i could stay there, which i have done and have many receipts, now
i can petition the court to allow me to stop paying the rent, and prove that is has become a bruden to me, however being the nice person, and not wanting to hear the person cry she cant pay her bills i continue to pay,,,
i know for a fact when owning your home you can deduct the taxes and such, so i need my stuff
 
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Boxcarbill

Guest
Re: husband in kuwait

corset said:
and what is your purpose
you are rude
just like everyone else in this country we have a right to law not be taken adventage and fight for what is right,
i have researched the civil relief act
and it entitles stays for all judicial proceeding my husband is serving his country, he is entitled to be there to respresent himself in a court of law, we have done nothing to hinder this landlady and second according to the federal law anyone causing stress upon noticed of said deployment which she even called his work is punishable by jail and fines and or both
and i being the spouse is protected as well from any stress
and according to the appeal, as long as i kept paying the rent i could stay there, which i have done and have many receipts, now
i can petition the court to allow me to stop paying the rent, and prove that is has become a bruden to me, however being the nice person, and not wanting to hear the person cry she cant pay her bills i continue to pay,,,
i know for a fact when owning your home you can deduct the taxes and such, so i need my stuff
So you have all the answers. So why did you come to this forum?
 

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