Who Can Terminate Early?

Under SCRA, you can terminate a residential lease early if:

  • You signed the lease, then entered active duty military service
  • You're on active duty and receive PCS (Permanent Change of Station) orders
  • You're on active duty and receive deployment orders for 90+ days
  • You're Guard/Reserve and receive orders to active duty for 90+ days

Federal Law Protects You

SCRA is a federal law that supersedes your lease agreement. Even if your lease says "no early termination," SCRA gives you the right to terminate with proper notice.

Step-by-Step Process

  1. Prepare your documents
    Get a copy of your military orders showing your PCS location, deployment, or activation dates.
  2. Write a termination letter
    Write a clear letter stating you're terminating under SCRA. See sample below.
  3. Deliver the notice
    Hand-deliver (get a receipt) or send via certified mail with return receipt.
  4. Note your termination date
    Your lease ends 30 days after the next rent due date following your notice.
  5. Pay final rent
    You owe rent through your termination date. After that, no more rent is due.
  6. Complete move-out
    Clean the unit, return keys, and request your security deposit.

Sample Termination Letter

[Your Name] [Your Address] [City, State ZIP] [Date] [Landlord Name] [Landlord Address] [City, State ZIP] RE: Lease Termination Under SCRA - [Property Address] Dear [Landlord Name], I am writing to provide notice that I am terminating my lease agreement for the property located at [property address], effective pursuant to the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. § 3955. I am a member of the [branch of service] and have received [PCS orders / deployment orders / orders to active duty]. A copy of my orders is enclosed. Under SCRA, this lease will terminate 30 days after the next rent payment is due following delivery of this notice. Based on this, my lease termination date is [calculated date]. Please confirm receipt of this notice and provide instructions for the move-out process and return of my security deposit. Sincerely, [Your Signature] [Your Printed Name] [Your Phone Number] [Your Email] Enclosure: Copy of Military Orders

Important Timing Rules

The termination date is calculated as follows:

  • Find the next date that rent is due after you deliver notice
  • Add 30 days to that date
  • That's your termination date

Example: You deliver notice on March 15. Rent is due on the 1st. The next rent due date is April 1. Add 30 days = May 1 termination date.

What If the Landlord Refuses?

SCRA is federal law and your landlord cannot refuse. If they do, contact your base JAG office. Landlords who violate SCRA can face legal consequences.

Your Security Deposit

Your landlord must return your security deposit according to state law (typically within 14-30 days). They can deduct for:

  • Unpaid rent through termination date
  • Damage beyond normal wear and tear
  • Cleaning if left in poor condition

They cannot charge early termination fees or keep your deposit as a penalty for breaking the lease under SCRA.

Get Help

If you encounter resistance from your landlord:

  • Contact your base JAG office (free legal assistance)
  • Document all communications in writing
  • Consider sending a follow-up letter via certified mail