Disclosure: Some links in this article are affiliate links. As an Amazon Associate, Military Housing Rentals earns from qualifying purchases, at no extra cost to you.
Orders can arrive at the worst possible time, like six months into a twelve-month lease. Fortunately, federal law gives service members a way out. The Servicemembers Civil Relief Act (SCRA) lets you terminate a residential lease early without penalty in specific situations.
This guide explains who qualifies, how to give proper notice, and what to watch out for. It is general information, not legal advice. Your installation’s legal assistance office can review your situation for free.
Who Can Terminate a Lease Under the SCRA?
Under 50 U.S.C. § 3955, you can generally terminate a residential lease if:
- You signed the lease before entering military service and then entered active duty, or
- You signed the lease while on active duty and then received PCS orders, or
- You signed the lease while on active duty and then received orders to deploy with a unit for 90 days or more.
Protections can also extend to leases signed by a dependent in certain cases, and to the surviving spouse of a service member who dies while on active duty. Read the full text of the law at the Department of Justice SCRA page.
How to Terminate Your Lease Correctly
- Write a notice stating that you are terminating the lease under the SCRA.
- Attach a copy of your orders or a letter from your commanding officer.
- Deliver it by hand (get a signed receipt), by a private carrier, or by certified mail with return receipt. Keep copies of everything.
Keep a copy of the notice and receipt in your PCS folder. If you do not have a printer, a compact all-in-one home printer and scanner is worth having in a military household; you will be printing and scanning orders constantly.
When Does the Termination Take Effect?
For a lease with monthly rent, termination is effective 30 days after the next rent due date following delivery of your notice. For example, if rent is due on the 1st and you deliver notice on June 10, the next due date is July 1 and termination takes effect July 31. You owe rent through that date.
What the Landlord Can and Cannot Do
- The landlord cannot charge an early termination fee or penalty for a lawful SCRA termination.
- The landlord must refund any rent you paid in advance for the period after termination, generally within 30 days.
- The landlord can still deduct for unpaid rent before termination and for damage beyond normal wear and tear, as the lease and state law allow.
Military Clauses vs. the SCRA
Many landlords near bases include a military clause in their leases. These often mirror the SCRA, but some add extra conditions, like requiring that you move a certain distance away. The SCRA sets a federal minimum that a lease cannot take away, so if a military clause is less favorable, the SCRA still applies. Read every clause before you sign.
Protect Your Security Deposit
Terminating legally does not guarantee your deposit back. Document the home’s condition at move-out with dated photos and video, and attend the final walkthrough if you can. See our move-in and move-out inspection tips for a full checklist.
Choose Military-Friendly Housing Next Time
One way to avoid lease headaches entirely is to rent from communities that work with military families every day. Privatized on-base housing and many military housing rentals are built around PCS timelines. If you are weighing your options, our article on renting vs. buying for military families can help.
