How Do Landlord Laws Work for Military People?

The law provides rental protections to U.S. Armed Forces members.

The law provides rental protections to U.S. Armed Forces members.

Service in the United States Armed Forces comes with certain benefits and considerations that reflect the uncertain nature of military service. Many military members face sudden mobilization or deployment and must quickly leave established homes and residences. Recognizing the responsibilities of armed forces personnel, federal law seeks to address the relationship between landlords and their enlisted tenants. Military-specific, landlord-tenant laws extend strengthened lease termination, security deposit and eviction protections to military members, among other protections.

Servicemembers Civil Relief Act

The Servicemembers Civil Relief Act provides a range of protections to active duty and deployed military members. A specific provision in the law addresses military members in leases. The provision allows a military member the right to terminate a lease immediately if deployed or transferred to a new station for 90 days or longer. Therefore, landlord may not hold a transferring or deploying military member responsible for breaking a lease or keep his security deposit.

Eviction Provisions

SCRA also strengthened existing federal eviction protections for transferring or deploying military members. For example, military members called to active duty may not be summarily evicted from housing if their military service has adversely impacted their ability to pay rent. Under SCRA, a court must authorize eviction of military members who are not making rent payments. If military service causes a member's inability to pay, the courts can stay evictions for up to three months.

Coverage Provisions

Under SCRA, military members receive landlord-tenant protections when they enter active duty until 30 to 90 days after their active duty ends. To obtain protection under the law, military personnel often must make an affirmative request for coverage. Members wishing to terminate leases under SCRA provisions usually must formally notify their landlords of their intent.


Military members paying rent of more than $3,047 monthly do not qualify for SCRA's eviction protections. Reservists and National Guard members in "drilling status" only also do not qualify for eviction and lease termination protections. Often, landlords may request a copy of military orders to active duty or deployment when SCRA eviction or lease termination protections are sought. Many states have their own laws that closely mimic SCRA.

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