Eviction Protection for Military Families
Your landlord cannot evict you or your family without a court order during military service. Know your rights.
Who is Protected?
SCRA eviction protection extends beyond just the servicemember. Under 50 U.S.C. § 3951, protection covers:
Servicemember
Active duty in any branch
Spouse
Even when servicemember is deployed
Children
Minor dependents of servicemember
Other Dependents
Anyone servicemember has supported for 180+ days
2026 Rent Threshold
SCRA eviction protection applies to rentals where the monthly rent does not exceed the federal threshold, which is adjusted annually for inflation:
If your rent is at or below this amount, your landlord cannot evict you or your family without first obtaining a court order.
The $10,239.63 threshold covers the vast majority of rental housing in the United States. Even in high-cost areas like San Francisco, New York, or D.C., most military family rentals fall under this limit.
What This Protection Actually Means
Your Landlord CANNOT:
- Evict you without a court order
- Change the locks while you're away
- Remove your belongings from the property
- Shut off utilities to force you out
- Use "self-help" eviction tactics
If Landlord Goes to Court:
If your landlord does seek a court order, the court must:
- Grant a minimum 90-day stay of eviction proceedings if requested
- Consider whether military service materially affects your ability to pay rent
- Have the option to adjust the lease obligation rather than evict
Source: Nolo Legal Encyclopedia
Criminal Penalties for Landlords
A landlord who knowingly evicts a servicemember or their dependents without a court order commits a Class A misdemeanor: fines up to $100,000 and/or 1 year imprisonment. Source: 50 U.S.C. § 3951(c), 18 U.S.C. § 3571
Special Situation: Spouse Home While Servicemember Deployed
One of the most common questions: "My spouse is deployed. Am I still protected?"
SCRA protection applies to dependents in their own right. The servicemember does not need to be physically present. As long as the servicemember is on active duty, their dependents occupying the rental are protected from eviction without a court order.
How to Assert Your Rights
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Notify Your Landlord in Writing
Send a letter (certified mail recommended) stating that you're protected under SCRA as a military family. Include a copy of the servicemember's orders.
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Cite the Specific Law
Reference 50 U.S.C. § 3951 in your letter. Many landlords are unaware of SCRA protections, and citing the law adds weight to your position.
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Document Everything
Keep copies of all communications, photos of property condition, and records of rent payments. This protects you if the matter goes to court.
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Contact Military Legal Assistance
If your landlord continues to threaten eviction, contact JAG legal assistance (free for military families) or your installation's housing office.
What SCRA Does NOT Protect
SCRA eviction protection has limits. You are not protected from eviction for:
- Material lease violations (unauthorized pets, property damage, illegal activity)
- End of lease term (landlord can choose not to renew, though cannot evict mid-lease)
- Rent above the threshold (though this is rare at $10,239/month)
SCRA protects against eviction during military service. Unlike foreclosure protection (which extends 1 year after service), eviction protection under § 3951 applies only while the servicemember is on active duty.
Emergency: Facing Eviction Right Now?
Get Help Immediately
- Military OneSource: 1-800-342-9647 (24/7, free legal consultation)
- Base Legal Assistance: Contact your installation's JAG office
- Armed Forces Legal Assistance: Find a military attorney
Know All Your Housing Rights
SCRA provides over 21 different protections for military families. Make sure you're claiming everything you're entitled to.
Check Your Benefits