Military Addendum for U.S. Servicemembers Civil Relief Act

If this form is signed by a military tenant, you need not receive a court order to foreclose your storage lien if a military tenant becomes delinquent. This form satisfies the requirements for waiving the Servicemembers Civil Relief Act (SCRA) provisions that require a court order prior to foreclosing on an active duty military tenant. Under the amendments to the SCRA, effective December 10, 2004, a service member may no longer waive the provisions of the Act unless that waiver is in a separate document (the waiver cannot be contained in the lease itself; it must be contained in a separate document). The separate waiver document must also be signed (in addition to the lease being signed) by the military tenant in order for the waiver to be effective.

When to Use
Use this form at your discretion when a tenant is in or becomes a member of the military service. There is no requirement that this form be used. If the form is not used, you will not be able to exercise your foreclosure rights should the active-duty military tenant become delinquent, unless you first go to court and obtain a court order (normally a prohibitively expensive proposition).

Tips for Use
If you choose to use this form, make sure the soldier signs the form and that you cross-reference this form in paragraph 7 of the TSSA lease. (Unlike most addenda, this addendum is not legally effective unless signed by the tenant.) Also, remember that regardless of whether this form is signed, your right to evict an active-duty military tenant who is delinquent is not restricted, because the SCRA restrictions on eviction apply only to residential leases. Please see the legal article regarding the SCRA in the TSSA Goldbook© for further information.

The vast majority of service personnel are model citizens, have every intention of paying you, and would not hide behind the protection of the SCRA in order to shirk their legal obligations under the lease. However, inevitably there will be a select few military tenants who use a military person’s protections under the SCRA to take advantage of the landlord and try and shirk their contractual obligations. Servicemembers who have every intention of paying you in a timely manner should presumably have little objection to signing a waiver.

It is TSSA’s long-standing position to encourage its members to be understanding of sudden military-related changes in the tenant’s status (deployment overseas, change of duty station, call-ups of reservists or National Guard members) regardless of whether a waiver has been signed. That is the right, fair and patriotic thing to do. Furthermore, if self storage owners abuse our military tenants when their status or location assignment suddenly changes, our industry may expect to see adverse legislation on this subject in the Texas legislature or national legislature in future years. It is in everyone’s best interest for the self-storage industry to maintain good relations with our military tenants, treat them fairly and be as understanding and accommodating as is reasonably possible.