The Servicemembers Civil Relief Act (SCRA) is a federal law that preempts state law nationwide. It was enacted to protect military members and their families from the financial consequences of deployment and reassignment. The right to terminate a lease applies to active duty members of the Army, Navy, Marine Corps, Air Force, Space Force, Coast Guard, National Guard (when called to federal service), and commissioned officers of NOAA and the Public Health Service.
What the SCRA requires you to do
To invoke SCRA lease termination rights: (1) Deliver written notice to your landlord that you are terminating under the SCRA; (2) Include a copy of your orders (PCS, deployment, or a letter from your commanding officer confirming orders are pending); (3) Notice must be delivered via USPS Certified Mail or by delivering in person — do not rely on email. The notice may be delivered before receiving the actual orders if you can provide written verification of the orders.
When the termination takes effect
For month-to-month leases: termination is effective 30 days after the first date on which the next rent is due after you deliver the notice. For fixed-term leases: termination is effective on the last day of the month following the month the notice was delivered. Example: if you deliver notice on March 15, termination is effective April 30.
Your security deposit after SCRA termination
The SCRA protects your lease termination right but does not override your state's security deposit rules. Your landlord still must return your deposit within your state's deadline and may only make lawful deductions. Provide a forwarding address in writing at move-out.
What if your landlord refuses to accept the notice?
Your landlord cannot refuse SCRA rights — federal law supersedes any lease clause that would waive or limit them. If your landlord refuses to acknowledge the termination or attempts to collect remaining rent, contact the nearest military Legal Assistance Office (JAG) immediately. They provide free legal assistance to servicemembers on SCRA issues.
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Frequently Asked Questions
Does the SCRA apply to my spouse or family members?
Yes. If your spouse is the sole leaseholder and you receive orders, they can terminate the lease under SCRA. If both names are on the lease, either party can exercise the right with your orders.
Do I need orders in hand to give notice?
You can give notice before receiving written orders if you include written verification of the pending orders from your commanding officer. The SCRA specifically allows this.
Can I break a lease signed after receiving my orders?
Yes, but only if you subsequently receive orders requiring a move of 35 miles or more, or you are deployed in support of a military operation. The SCRA covers leases entered into before or after receiving orders, as long as those orders meet the criteria.
Is there any situation where the SCRA doesn't apply?
Reserve component members on state active duty (not federalized) may not be covered. SCRA applies to federal duty only. Contact your JAG office to confirm your specific orders' coverage.
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TenantNex is a document preparation and delivery service, not a law firm. This page is general educational information about U.S. tenant rights, not legal advice. Laws vary by state and locality; statutes change. Consult a licensed attorney in your state for advice about your specific situation.