Airmen facing eviction should seek legal advice

  • Published
  • By Thomas Craddock
  • 11th Wing Judge Advocate
Tenants of Bolling base housing should know their rights when facing eviction. Tenant rights are governed under District of Columbia law and the Servicemembers Civil Relief Act. 

The most common reason for eviction from base housing is failure to pay rent. If a tenant falls behind on rent payments, the landlord may file an action for eviction in DC superior court. DC law requires that the landlord provide the tenant with notice of the action at least seven days prior to the date scheduled for the hearing. If a tenant is served with a summons to appear in court, it is important to go to the hearing, or to show the court why the tenant cannot attend the hearing, because the court may enter a default judgment against the tenant if they fail to show up for the hearing. 

The SCRA provides additional protections to active duty servicemembers and their dependents facing eviction. Under SCRA, a military member or dependent may not be evicted without the approval of a court. Additionally, if the military member provides evidence that their ability to pay rent is materially affected by their military service, then the court may suspend eviction proceedings for up to 90 days. If the tenant can pay the past due rent within this time frame, the eviction action will likely be dismissed. 

The best protection against a dispute between landlord and tenant is to ensure that rent is paid on time. However, those facing eviction from base housing should seek legal advice immediately. For further information, or to schedule a legal assistance appointment, call the Bolling legal office at (202) 767-5297.