Servicemember Residence Protection Act of 2026
- Sponsor
- Sen. Moody, Ashley [R-FL]
- Committees
- Veterans' Affairs Committee (primary)
- Last action
- Jun 24, 2026
Bottom line
The bill protects servicemembers from losing their real property to adverse possession claims by pausing the statutory clock for such claims during their military service and provides informational resources.
What it actually does
This bill amends the Servicemembers Civil Relief Act (SCRA) to prevent periods of military service from being counted towards the time required for adverse possession (squatter's rights) claims on real property owned by a servicemember. It also directs the Department of Veterans Affairs (VA) and the Attorney General to update relevant websites with information and resources for servicemembers on how to secure their property while absent for military service, including details on leasing and landlord-tenant rights.
Proponents argue
Supporters argue that this bill provides essential protection for servicemembers who are often deployed or stationed away from their homes for extended periods, ensuring they are not unfairly disadvantaged by their military service and lose property rights to squatters. They contend it aligns with the core purpose of the SCRA to mitigate civil disadvantages faced by those serving the nation.
Opponents contend
Critics might argue that this bill introduces federal preemption into an area traditionally governed by state property law, potentially creating legal complexities or conflicts with existing state adverse possession statutes. Some may also contend that existing state laws or other provisions within the SCRA already offer sufficient protections, making this specific amendment potentially redundant or overly broad.
The bill is very concise and clearly written, allowing for a quick and thorough understanding of its provisions.
Section 2(a)
Tolling of Adverse Possession Period for Servicemembers
This provision amends the Servicemembers Civil Relief Act to explicitly state that the duration of a servicemember's military service cannot be included when calculating the period required for adverse possession claims against their real property. This means that the 'clock' for someone to claim ownership of a servicemember's property through adverse possession is paused for the entire time the servicemember is on active duty.
Supporters argue
Supporters contend this provision is a critical safeguard, ensuring that servicemembers, who may be unable to monitor or occupy their property due to military obligations, do not lose their homes or land to squatters. It directly addresses a unique vulnerability faced by those serving the nation.
Critics contend
Critics might argue that this federal preemption could complicate established state property laws and create ambiguities regarding title claims, potentially leading to increased litigation or uncertainty for property transactions involving servicemembers.
Tradeoffs
This provision balances the need to protect servicemembers' property rights against the traditional state interest in adverse possession laws, which aim to clarify property titles and encourage productive land use. It prioritizes the unique circumstances of military service.
Section 2(b)
Department of Veterans Affairs Website Update
This section mandates that within 45 days of the bill's enactment, the Secretary of Veterans Affairs, in consultation with the Attorney General, must update the VA website and other relevant online resources. These updates are to include comprehensive information and guidance for members of the uniformed services on how to secure their real property while they are absent due to military service, details on leasing property, and an overview of landlord-tenant rights and obligations, along with any other pertinent information deemed necessary.