Saturday, February 14, 2009

Federal Law Protects Deployed Military from Evictions

See the article below regarding eviction of military families. For the original story, plus video, see ttp://www.myfoxatlanta.com/dpp/news/Tucker_Military_Family_Escapes_Eviction_021309

If you are considering evicting a family, especially one that is associated with the military, you should absolutely check with an attorney first. According to the article below you could face jail time!


Tucker Military Family Escapes Eviction

Edited By: Leigha Baugham
myfoxatlanta.com

TUCKER, Ga. (MyFOX ATLANTA) - A family in Tucker was able to breathe a sigh of relief after dodging an eviction. The family was legally protected against eviction because the loved one is headed to war.

Nikki Limperopoulis is a military veteran married to a Georgia National Guard member, specialist Michael Limperopoulis. Limperopoulis, who is disabled, said she and her husband have an autistic son and her husbands' carpentry jobs dried up before his military checks arrived.

"It's a three day notice to quit and it says we are starting eviction procedures today," Limperopoulis said.

"They have not been evicted they still live here so that was an exaggeration," said the property manager.

The property manager disputes Limperopoulis' claim, even though she had the eviction paperwork. Georgia National Guard Staff Sergeant David Eberhart said he called the property manager three times and sent an email to ward off the eviction.

"She thought she was being bound by the family fair housing practice to evict this family," Eberhart said.

The Georgia National Guard said the mere fact that eviction papers were served on this military family is a violation of the Service Members' Civil Relief Act.

The act protects service members with protections against evictions, having things repossessed and other factors which could snowball when a soldier is away.

"Even with the attempt to evict they could face criminal prosecutions,"said Eberhart. Friday afternoon, the family's rent was paid through the Georgia National Guard Family Support Foundation, which was established to help military families in emergencies. With several thousand Georgia guard troops headed to Afghanistan in April, fears are that the same could happen to other military families.

"If you do have soldiers in your apartment complex, at your jobs you should educate yourself so you don't cause undue stress on their family," Eberhart said.

According to the Georgia National Guard, a violation of the Service Members Civil Relief Act can result in a year in jail and hefty fines, but so far this has never happened in Georgia.



For more information, or to schedule a consultation, please call 678-985-9400 or toll-free at 1-888-500-EVICT. You can also see an updated full listing of the Georgia Statutes regulating landlord tenant actions at my website, http://www.georgiaevictionattorney.com/

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