Getting PCS orders or deployment orders can be exciting—but that lease you signed? It can feel like an anchor.

Good news: The SCRA gives you the right to terminate residential leases without penalty when military orders require relocation. But there's a right way and a wrong way to do it.

When Can You Break a Lease Under SCRA?

You can terminate a residential lease without early termination fees when:

  • You receive PCS orders to a new duty station
  • You receive deployment orders for 90+ days
  • You enter active duty from civilian status (Guard/Reserve activation)
  • You receive orders to move into government quarters

Step-by-Step: How to Terminate Your Lease

Step 1: Get Your Orders

You'll need official military orders that show one of the qualifying conditions above. This can be:

  • PCS orders
  • Deployment orders
  • Activation orders (for Guard/Reserve)
  • Orders to government housing

Step 2: Provide Written Notice

Deliver written notice to your landlord that includes:

  • Your intent to terminate the lease under SCRA
  • Reference to 50 U.S.C. § 3955 (the specific law)
  • A copy of your military orders
  • Your intended move-out date

Step 3: Deliver Notice Properly

The notice must be delivered by one of these methods:

  • Hand delivery (get a signed receipt)
  • Private business carrier (FedEx, UPS with tracking)
  • Certified mail with return receipt

Important: Keep copies of everything and proof of delivery.

Step 4: Calculate Your Termination Date

The lease terminates:

  • 30 days after the next rent payment is due following your notice

Example: If rent is due on the 1st and you give notice on January 15th, the lease terminates on March 1st (30 days after February 1st rent is due).

Step 5: Pay Final Rent

You owe rent through the termination date—but no early termination fees, penalties, or rent for the remaining lease term.

What the Landlord CANNOT Do

Under SCRA, landlords cannot:

  • Charge early termination fees or penalties
  • Require you to pay rent beyond the termination date
  • Withhold security deposit for breaking the lease
  • Report negative information to credit bureaus for SCRA termination
  • Require you to find a replacement tenant

What About Your Security Deposit?

Your security deposit is handled normally—it can only be withheld for:

  • Unpaid rent through the termination date
  • Damage beyond normal wear and tear
  • Other legitimate charges allowed by your lease and state law

The landlord cannot keep your deposit simply because you exercised SCRA rights.

Month-to-Month Leases

If you're on a month-to-month lease, SCRA termination provisions still apply, but you may already have termination rights under your lease terms. Compare which option gives you a better termination date.

Common Landlord Pushback (And Your Response)

"You still owe the early termination fee"
No. SCRA prohibits early termination fees for qualifying military moves. Cite 50 U.S.C. § 3955.

"You need to give 60 days notice"
SCRA requires only 30 days after the next rent due date. State law or lease terms requiring longer notice don't apply.

"Your orders don't qualify"
If your orders require you to move—whether PCS, deployment, or activation—they qualify. The law is clear.

"You need to find a replacement tenant"
No. This is not a sublease situation. The lease terminates. Period.

Sample SCRA Lease Termination Letter

Here's a template you can adapt:

[Your Name]
[Your Address]
[Date]

[Landlord Name]
[Landlord Address]

RE: Lease Termination Under Servicemembers Civil Relief Act

Dear [Landlord],

I am writing to provide notice of termination of my residential lease at [property address] pursuant to the Servicemembers Civil Relief Act, 50 U.S.C. § 3955.

I have received military orders requiring my relocation. A copy of these orders is enclosed.

In accordance with SCRA, this lease will terminate 30 days after the next rent payment is due following this notice, which will be [termination date].

Please confirm receipt of this notice and provide instructions for return of my security deposit.

Respectfully,
[Your Name]
[Your Rank and Branch]

Vehicle Leases Too

The same SCRA provisions apply to vehicle leases when you receive qualifying military orders. You can terminate car leases without penalty for PCS, deployment (180+ days for vehicles), or activation.

Document Everything

Keep copies of:

  • Your termination notice
  • Proof of delivery
  • Your military orders
  • All communication with the landlord
  • Move-out condition documentation (photos/video)

If a dispute arises later, documentation is your best defense.

The Bottom Line

SCRA lease termination rights exist so military families aren't financially penalized for serving their country. When orders come, you shouldn't have to choose between following orders and financial ruin.

Know your rights. Use them.