Renting out a property or managing a loan in Pennsylvania comes with responsibilities. One wrong move, especially involving a servicemember, could leave you facing serious legal trouble. If your tenant or borrower is on active duty, there are specific protections in place that you need to understand.
The Servicemembers Civil Relief Act (SCRA) isn’t just legal jargon. It directly affects how you handle lease agreements, evictions, and interest rates. Many landlords and lenders in Pennsylvania are surprised to learn that failing to verify someone’s military status can lead to penalties they never saw coming.
Assuming someone isn’t in the military based on appearance or occupation? That guesswork could cost you.
So, how do you make the right call and avoid a major misstep? This guide will break down Pennsylvania SCRA benefits, why they matter, and the easiest way to stay protected without second-guessing your next move.
SCRA protections don’t apply to just anyone in uniform. In Pennsylvania, they’re extended to servicemembers on active duty across the Army, Navy, Air Force, Marine Corps, and Coast Guard. Reservists and National Guard members may also qualify, but only when called into active service under federal orders.
The law’s purpose is to ease legal and financial burdens so servicemembers can stay focused on their duties. These protections can pause everything from court judgments to foreclosure actions. In some cases, they extend up to 12 months after the servicemember's duty ends.
Certain dependents may also be covered, such as a spouse, child, or someone who’s received at least half of the servicemember’s financial support in the past six months, particularly in eviction scenarios.
To avoid legal setbacks, landlords and lenders often turn to the DMDC military verification service before making decisions, which is a simple way to confirm status and stay compliant with SCRA requirements.
When rent is late and eviction seems inevitable, most landlords in Pennsylvania know the routine. File in court, follow notice requirements, and wait for a decision. But that process changes the moment active-duty military status enters the picture.
Under the Servicemembers Civil Relief Act, you cannot evict a tenant who is actively serving without first going through a judge. Even then, the court won’t greenlight the eviction unless it’s clear that military service hasn’t impacted the tenant’s ability to pay. This rule applies even if your lease is airtight or the tenant hasn’t paid in months.
The Pennsylvania Landlord-Tenant Act already requires court involvement for evictions. But the SCRA takes it a step further, offering additional protections and the possibility of delaying the eviction for up to three months or more.
So before serving that notice, you’ll need more than just paperwork. You need proof, a valid reason, and an understanding of what federal law demands.
Most lenders don’t expect a legally enforced rate change after a loan is signed, but that’s exactly what the SCRA requires when dealing with active-duty servicemembers. In Pennsylvania, if a borrower took on debt before entering military service, such as a credit card balance, car loan, or mortgage, the interest rate must be lowered to six percent.
This benefit only applies when the servicemember makes a written request and includes a copy of their military orders. Timing matters too — the request must be submitted within 180 days of their service ending for the rate cap to take effect.
Importantly, any interest above the six percent limit must be forgiven. It can’t be deferred, tacked on later, or rolled into future payments.
Lenders who fail to make these adjustments risk violating federal law. Updating payment schedules and honoring these terms is not only required but essential for maintaining compliance with SCRA rules.
Receiving deployment or PCS orders can change everything overnight, including a lease agreement. The SCRA recognizes this and gives servicemembers the right to end both residential and vehicle leases without facing early termination fees.
If a servicemember signs a lease before starting active duty and then receives orders for a deployment lasting at least 90 days or a Permanent Change of Station, they’re allowed to terminate that lease. The same applies to vehicle leases if the service term extends to 180 days or more. These rights also hold if the move involves relocation from the continental U.S. to an overseas base.
Ending the lease is straightforward. The servicemember must give written notice along with a copy of their orders or an official letter from their commanding officer. Landlords in Pennsylvania are then required to return prepaid rent and any security deposit in line with both state and federal regulations.
If the lease includes a co-signer or multiple tenants, landlords must be careful not to enforce penalties unfairly on others listed in the agreement. Each case should be handled with attention to the SCRA's intent — protecting servicemembers without causing harm to those connected to them.
A borrower’s military status can change the entire course of a foreclosure proceeding, especially when lenders aren’t prepared for the added legal layers. In Pennsylvania, the moment a servicemember with a pre-service mortgage goes on active duty, federal law steps in and changes the rules.
The Servicemembers Civil Relief Act requires court involvement before any foreclosure can take place. Even in states that typically allow non-judicial foreclosure, a judge must now weigh in. If the borrower’s military service has impacted their ability to meet financial obligations, the court may delay the case for as long as needed.
These safeguards don’t stop when service ends. In most situations, protections last for up to 12 months after a servicemember returns home. No prior notice to the lender is required for these rights to apply unless the borrower has explicitly waived them.
Skipping military verification can undo the entire process. Lenders are strongly encouraged to stay informed on SCRA compliance by reviewing recent DOJ enforcement actions and updating internal protocols accordingly.
One overlooked detail can turn into a courtroom headache. Landlords and lenders who don’t follow SCRA guidelines can find themselves facing serious legal fallout even if the violation was unintentional.
Courts don’t require proof of bad faith to act. If a servicemember’s rights are ignored, judgments can be tossed out, penalties can be imposed, and in some cases, the Department of Justice may step in with formal legal action.
State courts are often firm when it comes to enforcing SCRA protections. Skipping the step of confirming military status or rushing into legal action without proper documentation can easily backfire.
Building a process around compliance can help avoid costly mistakes. That might mean confirming active-duty status early, retaining copies of any military orders received, and holding off on eviction or foreclosure filings when something seems uncertain. A few extra steps now can prevent serious consequences later.
Protecting servicemembers’ rights is more than just a legal requirement. It reflects a broader responsibility to honor those who serve while maintaining fair business practices. In Pennsylvania, the SCRA outlines clear standards for how landlords and lenders must act when military service becomes a factor.
These rules are not suggestions. They carry real consequences if ignored. Verifying military status through a reliable source should always be your first step before taking action. It is not just about staying compliant. It is about making informed decisions that protect both the servicemember and your legal standing.
