What is SCRA Eviction Protection?

The Servicemembers Civil Relief Act (SCRA) provides significant protections against eviction for military service members and their dependents. Under SCRA, a landlord cannot evict you from your rental without first obtaining a court order, regardless of what your lease says.

Key Protection

A landlord cannot evict a service member or their dependents from premises for which the monthly rent does not exceed the federal threshold without a court order, during active duty and for 12 months after.

The Federal Rent Threshold

SCRA eviction protection applies to rentals where the monthly rent does not exceed a federal threshold that is adjusted annually for inflation. For 2024, this threshold is approximately $4,610.98 per month.

If your rent is below this threshold, your landlord must go through the court system before evicting you—they cannot simply change the locks or remove your belongings.

How the Threshold is Calculated

The threshold started at $2,400 in 2003 and is adjusted each year based on the Consumer Price Index (CPI). Check the current year's threshold before asserting your rights.

Who is Protected?

  • Active duty service members in any branch
  • National Guard and Reserve members on federal active duty orders
  • Dependents of service members (spouse, children)
  • Protection continues for 12 months after active duty ends

What Landlords Cannot Do

  • Evict you without a court order
  • Change the locks to force you out
  • Remove your belongings
  • Shut off utilities to force you out
  • Threaten or harass you into leaving

Self-Help Evictions Are Illegal

If your landlord tries to evict you without a court order (changing locks, removing belongings, etc.), this is illegal "self-help" eviction. You have legal recourse and may be entitled to damages.

How to Assert Your Rights

  1. Notify your landlord in writing that you are covered by SCRA eviction protection
  2. Provide proof of military status (a copy of your orders or LES)
  3. Keep records of all communication with your landlord
  4. Contact your JAG office if the landlord threatens eviction
  5. Appear in court if the landlord files for eviction—request a stay under SCRA

What Happens in Court?

If your landlord takes the proper route and files for eviction in court, you have additional protections:

  • Stay of proceedings - The court can delay the eviction case for at least 90 days
  • Reduced rent - The court can order a reasonable rent reduction during your service
  • Extended stay - Courts often grant longer stays for deployed service members

This Protection is Separate from Lease Termination

SCRA eviction protection is different from SCRA lease termination rights. Eviction protection prevents your landlord from removing you; lease termination allows you to end your lease early. You can use both:

  • Use eviction protection if you want to stay in your rental
  • Use lease termination if you need to move due to PCS or deployment

Get Help

If you're facing eviction or threats from your landlord:

  • Contact your base JAG (Legal Assistance) office
  • Call Military OneSource at 1-800-342-9647
  • Document everything in writing