Can I break my lease if I'm in the military?
SCRA Protections
The SCRA allows active-duty servicemembers to terminate a residential lease early if they receive permanent change of station (PCS) orders, deployment orders for at least 90 days, or orders for a military housing move. This applies to leases entered into before the orders were received.
To break the lease, you must give your landlord written notice and include a copy of your orders. The termination is effective 30 days after the next rent due date. For example, if you give notice on March 10, the lease ends April 30 (if rent is due on the 1st). You owe rent for those 30 days but no early termination fee.
- Applies to PCS, deployment (90+ days), or military housing orders.
- Must provide written notice and a copy of orders.
- Lease ends 30 days after the next rent due date.
- No early termination penalty allowed under SCRA.
- Protections apply to active-duty members, including reservists and National Guard under certain conditions.
State Laws and Other Options
Some states have additional protections for military members, such as allowing termination with less notice or covering dependents. Check your state's law for extra rights.
If you don't qualify under SCRA, you might still negotiate with your landlord or find someone to take over your lease (sublet or lease assignment). Some leases have a military clause that offers more flexibility than the SCRA.
Common mistakes
- Thinking you can break a lease for any military order—only specific orders like PCS or long deployments qualify.
- Not providing written notice and a copy of orders, which is required for SCRA protection.
- Assuming you owe no rent after notice—you still owe rent for the 30-day notice period.
