Street Law School: SCRA Affidavit Requirement for Evictions

by | Apr 10, 2026 | Legislation & Case Notes

Landlords must file an Affidavit as to Military Service with eviction proceedings to comply with the Servicemembers Civil Relief Act (SCRA), ensuring that the tenant is not on active duty. Landlords can find the form on OKLaw.org. Before the court enters a judgment, the judge will require that the plaintiff submit a non-military affidavit in compliance with the Servicemembers Civil Relief Act where the plaintiff swears that a military status verification has been conducted and the results show that the individual is not on active military duty. A service member’s dependent may be eligible in certain situations. This may include a service member’s spouse, child, or any other person who has received at least one-half of the service member’s financial support in the last 6 months. To conduct the military status verification, landlords need to have each tenant’s SSN or DOB, so don’t forget to get that information at the time of lease application.
Key SCRA Eviction Details:  

If the service member is being evicted for nonpayment of rent, the SCRA allows courts to postpone an eviction hearing for a service member for up to 3 months or longer if it can be proven that military service impacted the member’s ability to pay rent.  A court may also change the amount of rent due for service members who are being evicted. However, the extension of time or reduction of rent is only possible if the member’s monthly rent is below a certain amount. The amount changes every year based on interest rates and inflation.