Breaking a Lease With PCS or Deployment Orders: Your SCRA Rights

The short version

If you sign a lease and then get PCS orders, or orders to deploy for 90 days or more, the Servicemembers Civil Relief Act (SCRA), the same law behind the 6 percent interest rate cap, lets you end a residential lease early with no penalty. You give the landlord written notice and a copy of your orders. For a lease with monthly rent, the lease ends 30 days after the next rent due date that follows your notice. Car leases are covered too, with slightly different triggers. Separation and retirement orders count as a PCS under this law.

Source: CFPB

When can I break a housing lease under the SCRA?

You can end a residential lease early in three situations. First, if you signed the lease and then entered active duty. Second, if you signed the lease while serving and then received PCS orders, or orders to deploy with a unit or as an individual for not less than 90 days. Third, if a stop movement order tied to an emergency keeps you from using the place. The protection covers the home you live in, and terminating your lease also ends the obligation of a dependent listed on it.

Source: 50 U.S.C. 3955

How do I give notice, and when does the lease end?

Deliver written notice of termination to your landlord or the landlord's agent, with a copy of your orders. You can hand deliver it, use a private carrier, mail it with return receipt requested, or send it electronically. For a lease with monthly rent, the termination takes effect 30 days after the first date your next rent is due after you deliver the notice. So if rent is due on the first and you deliver notice on March 10, your next due date is April 1 and the lease ends April 30.

Source: 50 U.S.C. 3955

Does the SCRA cover my car lease too?

Yes, with different triggers. A car lease you signed before entering service can be ended if your call to active duty is for not less than 180 days. A car lease you signed while serving can be ended if you get PCS orders from inside the continental United States to a spot outside it, or orders to deploy for not less than 180 days. You deliver the same written notice and orders, and you return the vehicle within 15 days of delivering the notice. The dealer cannot charge you an early termination fee.

Source: CFPB

What do I still owe, and what should the landlord return?

You owe rent only through the termination date, prorated, plus any real charges you racked up like unpaid taxes or reasonable wear. The landlord cannot charge an early termination fee. Any rent you paid in advance for time after the lease ends has to be refunded within 30 days. Your security deposit is protected too. It is a federal crime for a landlord to hold your property or deposit to squeeze you for rent after a lawful SCRA termination.

Source: 50 U.S.C. 3955

What if I have a roommate or a joint lease?

When you lawfully terminate the lease, it also ends the obligation of a dependent on that lease. A civilian roommate who is not your dependent is a different story, because the SCRA protection runs to you and your dependents. Before you sign with a non-dependent roommate, know that your SCRA termination may not automatically release them from the lease. Your legal assistance office can read the specific terms.

Source: CFPB

Common questions

Do PCS orders of any distance count for a housing lease?

Yes. For a residential lease signed during service, PCS orders trigger the right to terminate. The 90 day minimum applies to deployment orders, not to a PCS.

Do separation or retirement orders count?

Yes. The statute says a permanent change of station includes separation or retirement from military service.

Can my spouse end the lease if something happens to me?

The law lets a spouse or dependent terminate the lease within one year if the servicemember dies in service, and it has separate provisions for a catastrophic injury or illness. Bring the situation to legal assistance.

Can the landlord keep my security deposit as a penalty?

No. Withholding your deposit or property to collect rent after a lawful SCRA termination can be charged as a misdemeanor.

What if I signed a lease before I ever joined?

A residential lease signed before you entered service can be ended once you enter active duty, using the same notice and orders process.

Does month to month versus a fixed term matter?

The 30 day rule above is for leases with monthly rent. Other rent structures end on the last day of the month after the month you deliver notice. Legal assistance can pin down your date.

Where to get help

• Your installation legal assistance office (JAG), free help drafting the notice.
• Military OneSource, 800-342-9647, for PCS and relocation questions.
• CFPB, submit a complaint online or call 855-411-2372.
• Your transportation or housing office for move logistics.

Verification Notes

• The residential 90 day deployment trigger, the motor vehicle 180 day trigger, the 15 day vehicle return window, and the 30 day effective date rule are from 50 U.S.C. 3955. Re-verify against the current statute before publish.
• Stop movement provisions apply to orders issued on or after March 1, 2020. Reviewer should confirm current applicability.

Sources & links

• 50 U.S.C. 3955, Termination of residential or motor vehicle leases
• CFPB: Servicemembers Civil Relief Act (SCRA)
• CFPB: Ending an auto lease with military orders

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