Lease Termination

Breaking a Lease Under the SCRA (Military Orders)

The Servicemembers Civil Relief Act (SCRA), 50 U.S.C. § 3955, gives active-duty servicemembers a federal right to terminate a residential lease early — without penalty — when military orders force a move. No state law or lease clause can override it, and landlords can't charge an early-termination fee for a valid SCRA termination.

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Updated June 2026 · 3 min read · Custom to your state

When the SCRA lets you terminate

You can terminate if you signed the lease and then entered active duty, or if you signed while already serving and then received permanent change of station (PCS) orders or orders to deploy for 90 days or more. One important catch: the orders must come after you signed the lease — if you already held the PCS or deployment orders when you signed, those same orders don't create the right (though your state may offer a separate military-clause protection). The termination also releases your dependents from the lease.

How to do it: written notice + a copy of your orders

Deliver your landlord a written notice of termination with a copy of your military orders attached. The lease then ends 30 days after the next rent payment is due following that notice — so if rent is due on the 1st and you give notice on June 10, rent is next due July 1 and the lease ends 30 days later. You owe rent only through the termination date (prorated), any prepaid rent is refunded, and the landlord may not impose an early-termination charge. Deliver the notice in a documented way — hand delivery or trackable mail — and keep proof.

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Common questions

Does the SCRA apply if I signed the lease after getting my PCS orders?
Generally no — the qualifying orders must come after you signed the lease. If you already had the orders when you signed, the SCRA right doesn't attach to those orders, though some states provide a separate military lease-termination clause. Check your state.

When exactly does my lease end under the SCRA?
Thirty days after the next rent payment is due following proper written notice. It is not immediate — plan the timing around your rent due date.

Can my landlord charge an early-termination fee for an SCRA termination?
No. For a valid SCRA termination the landlord can't impose early-termination charges or penalties, must refund prepaid rent for the period after termination, and can only collect rent prorated through the termination date.

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WriteMyNotice.com is a self-help document preparation service, not a law firm, and this page is general information, not legal advice. Your lease terms and your state's landlord-tenant law control whether — and on what terms — you can end a lease early, and the rules vary significantly by state and by situation. Verify your lease and your state's law, keep documentation, and for a disputed or high-cost situation, consult a licensed attorney in your state.

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