SCRA Eviction Protection

What is SCRA Eviction Protection?

Under 50 U.S.C. § 3951 (SCRA Section 301), landlords cannot evict military service members or their dependents without first obtaining a court order. This federal protection overrides any lease terms and applies regardless of what your rental agreement says.

The Federal Rent Threshold

Under 50 U.S.C. § 3951(a)(1), SCRA eviction protection applies to rentals where the monthly rent does not exceed a federal threshold that is adjusted annually for inflation based on the Consumer Price Index. For 2024, this threshold is $9,812.12 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.

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)

Note: Unlike foreclosure protection (which extends 1 year after service), eviction protection under § 3951 applies during military service only. However, if eviction proceedings are already pending, courts can grant stays and adjustments.

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

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 files for eviction in court, 50 U.S.C. § 3951(b)-(d) provides additional protections:

• Stay of proceedings - Under § 3951(b), the court must stay the eviction for at least 90 days if requested, and can extend longer
• Rent adjustment - Under § 3951(c), the court can order a reasonable rent reduction during your service
• Extended protection - Courts routinely grant stays for the duration of deployment

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