Military Tenants: SCRA Lease Termination for Service and Orders

Servicemembers’ leases bend to orders, not the other way around. Federal law lets military tenants terminate housing leases for deployment and PCS moves with clean, penalty-free exits.

What California Law Says

The Servicemembers Civil Relief Act permits termination of residential leases upon entry into service, PCS orders, or deployment orders of 90 days or more — effective 30 days after the next rent due date following written notice with orders attached. Penalties for early termination are prohibited, and deposits must be returned under normal rules.

How to Protect Yourself, Step by Step

1. Deliver written notice with a copy of the orders, by a method with proof.
2. Compute the effective date: 30 days after the next rent due date after delivery.
3. Pay through the effective date and no further — early termination fees are void.
4. Complete a documented move-out and demand the deposit on the standard 21-day timeline.
5. Report violations to legal assistance offices — SCRA enforcement has real teeth, including federal remedies.

Common Questions

The lease has a military clause requiring 60 days and a fee. Which controls?

Federal law controls — the SCRA’s terms preempt harsher lease clauses, and the fee is unenforceable.

Do the protections cover my spouse on the lease?

Terminations under the SCRA extend to the servicemember’s lease including family obligations on the same rental — the household exits together.