The Military Clause: How to Break a Lease Legally

One of the most powerful protections for military renters is the **Servicemembers Civil Relief Act (SCRA)**, commonly referred to as the "Military Clause." It allows you to terminate a residential lease early without penalty under specific conditions.

When Can You Use It?

You can lawfully terminate your lease if:

• You enter active duty service (e.g., joining the military).
• You receive Permanent Change of Station (PCS) orders to a new location.
• You receive deployment orders for 90 days or more.

How to Invoke It (The Right Way)

You cannot just pack up and leave. You must follow the legal process:

1. Written Notice: You must provide your landlord with written notice of your intent to vacate.
2. Proof of Orders: You must attach a copy of your official military orders.
3. Timing: The lease terminates **30 days after the next rent payment is due**.

Example: You pay rent on the 1st. You give notice on June 15th. Your obligation usually ends on July 31st (30 days after the July 1st payment).

Common Misconceptions

• ETS/Separation: Leaving the military at the end of your contract usually qualifies as a PCS to your home of record, but check state laws.
• Moving On-Base: Moving from an off-base apartment to on-base housing is **NOT** usually covered by SCRA unless you have specific orders directing it. This is a common trap!

Always maintain a copy of your notice and proof of delivery (certified mail) to protect yourself.