SCRA Residential Lease Termination Fact Sheet

The U.S. Department of Justice's Civil Rights Division explains how servicemembers can terminate residential leases early under the Servicemembers Civil Relief Act when receiving qualifying military orders.

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Eligibility for early lease termination

Servicemembers may end residential leases without penalty if they sign a lease and later enter active duty, receive permanent change-of-station orders, deploy for 90+ days, or get retirement/separation orders. The protection applies to housing leased by the servicemember, their spouse, or dependents.

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Termination process requirements

To terminate a lease, servicemembers must provide written notice to the landlord along with a copy of military orders or a commanding officer's letter. The lease ends 30 days after the next rent payment is due. Notices can be delivered in person, by mail, or electronically with proof of delivery.

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Financial protections

Landlords must refund prepaid rent for periods after termination and cannot charge early termination fees. Security deposits may only be withheld for property damage or unpaid rent. The SCRA applies regardless of whether the lease includes a military clause.

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Scope of covered leases

The protections apply to residential properties (houses, apartments) and commercial spaces (retail, medical, office) occupied by the servicemember and their family. The document notes that different SCRA provisions apply to mortgage protections for owned homes.

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Additional resources

The document directs servicemembers to Armed Forces Legal Assistance offices for help and provides DOJ complaint reporting options. It clarifies that spouses/dependents on the lease share termination rights but does not address other housing situations.

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Document record

Document type
Other DOJ document
Category
Rights
Publication date
2026-11-10
DOJ office
Civil Rights Division
Case number
Not stated by source
Collected
2026-11-13
Original filename
scra_residential_lease_termination_fact_sheet.pdf
02

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