Renters caught in foreclosure actions have some options Published March 26, 2008 By 2nd Lt. Jennifer Richard Nellis AFB Public Affairs NELLIS AIR FORCE BASE, Nev. -- It's like a bad dream. The house that you have been renting has been foreclosed, the bank has taken possession of the property, and you have been given only three days to move out. In Las Vegas, one of the areas hit hardest by the nation's housing market slump, this situation is a reality for many tenants including Nellis and Creech Airmen. Airmen whose homes have been foreclosed do have rights, and there are places they can go on base to find help. The Servicemember Civil Relief Act, a federal law applicable to Air Force members, may provide evicted tenants more time to move out and find a new place to live. Under the SCRA, servicemembers can seek to postpone an eviction for approximately ninety days, said Capt. Lance R. Smith, United States Air Force Warfare Center assistant staff judge advocate. Evicted tenants are also legally entitled to damages under the lease agreement and a refund of any security deposit from their previous landlords. The landlords must return any prepaid rent and security/pet deposits. No portion may be withheld for repairs or cleaning the property, explained Captain Smith. Current and future Las Vegas tenants should consider including a foreclosure clause in their lease agreements. Such a clause would spell out the tenants' rights in case of foreclosure long before foreclosure even becomes an issue. New tenants should demand the inclusion of a foreclosure clause in their lease agreements, and current tenants can try to amend their lease agreements, but these individuals should definitely seek legal advice to ensure the amendment is legally binding on the landlord, said Captain Smith. Tenants can find out more about the SCRA, lease agreements and foreclosure clauses from their base staff judge advocates. "Servicemembers who have received notices of eviction should seek immediate advice from the legal office," said Captain Smith. Senior Airman Joshua Stones, 17th Reconnaissance Squadron sensor operator, went to the base legal office for assistance after finding out his home was foreclosed. Airman Stones' landlord first told him about the foreclosure March 21 and expected him to move out by March 28. When he visited the base legal office, they told him about the SCRA and helped him get an extension to find a new home. "The legal office has been extremely helpful," said Airman Stones. "They're really knowledgeable on foreclosure issues." Nellis Airmen who are currently renting property in Las Vegas can take some proactive actions, recommended by the Nellis Housing Management Office. Tenants can go to the Clark County Assessor's Office Web site at http://www.co.clark.nv.us/assessor/disclaim.htm to see which properties in Clark County have been issued notices of default. "By the time it's listed in there, though, it's a little too late," said Debbie Perez, Housing Flight chief. Monitoring the Clark County Assessor's Office Web site may be helpful, however, in situations like Airman Stones'. His landlord had known that the home was being foreclosed, but had planned on another buyer taking over the lease, said Senior Airman Stones. "It would have been nice to know that something could go wrong with the property, instead of it being a last minute situation," said Airman Stones. Those with qualifying dependants can consider visiting the Nellis HMO at 4390 Devlin Drive to complete paperwork for a referral to privatized on-base housing. Counselors are available, with no appointment necessary, from 7:30 a.m. to 3:30 p.m. Mondays through Fridays, said Ms. Perez. Facing a foreclosure as a Nellis Airmen doesn't have to be a nightmare. Resources like the base legal office and the Nellis HMO are here to help. For more information, contact the legal office at 652-7529 or Nellis HMO at 652-1840.
