SCRA Lease Termination

Your Right to Break Your Lease

Under 50 U.S.C. § 3955, service members can terminate residential leases early when they receive qualifying military orders. This applies to apartments, houses, townhomes—any residential rental agreement.

The landlord cannot charge you early termination fees, require you to pay rent beyond the termination date, or withhold your security deposit for breaking the lease early.

Who Qualifies?

You can terminate your lease if you:

• Enter active duty after signing the lease (Guard/Reserve activation)
• Receive PCS orders to a location that doesn't allow you to use the residence
• Receive deployment orders for 90 days or more
• Receive orders to live in government quarters

How to Terminate Your Lease

1. Write a termination notice
   State that you're terminating under SCRA (50 U.S.C. § 3955). Include your name, the property address, and the date you intend to vacate.
2. Attach a copy of your orders
   Include your PCS orders, deployment orders, or activation orders. A letter from your commander also works.
3. Deliver via certified mail
   Send it return receipt requested. Keep a copy of everything. You can also hand-deliver with a signed acknowledgment.
4. Pay final rent
   The lease terminates 30 days after the next rent payment is due. If you give notice on March 15 and rent is due April 1, the lease ends May 1.

Getting Your Security Deposit Back

Your landlord cannot keep your security deposit just because you're breaking the lease early under SCRA. Normal deposit rules still apply—they can deduct for actual damages beyond normal wear and tear, but not for early termination.

If your landlord tries to keep your deposit citing "lease break fees," remind them that SCRA preempts any state or local law that would allow such fees for military-related terminations.

Common Landlord Pushback

"You still owe two months rent"

No. The lease terminates 30 days after the next rent due date. Any "lease break fee" or "early termination penalty" in your lease is void under SCRA.

"Your orders don't count"

Any orders for 90+ days of active duty qualify, including training, deployment, or PCS. If your landlord disputes this, cite 50 U.S.C. § 3955(b)(1).

"We need 60 days notice"

SCRA sets the timeline: termination occurs 30 days after the next rent payment is due following your notice. State laws requiring longer notice don't apply.

Sample Termination Letter