Common SCRA Protections

Default Judgements may not be entered until the court appoints and attorney to represent the member, and the court shall grant a stay for a minimum of 90 days there is a defense or unable to contact member. Interest rates caped at six percent for all obligations entered into before the beginning of active duty if the military service materially affects the member’s ability to meet the obligations. Members and their dependents may not be evicted, absent a court order from a leased dwelling if ability to pay is materially affected by service. Members and spouses may terminate residential leases when the member receives PCS or deployment orders for not less then 90 days. Cell phone contracts may be terminated without termination fees upon receipt of military orders to relocate for not less than 90 days to location that does not support the contract. Military Income may only be taxed by state of domicile.

Terminating Lease Due to Deployment or PCS

Published Jan. 13, 2016
17th Training Wing Legal Office

GOODFELLOW AIR FORCE BASE, Texas -- Receive orders to deploy or PCS, but need to break a lease before the termination date? Don’t worry! Service members can terminate their lease early under the Service members Civil Relief Act.

The SCRA provides protection from the date an individual enters active duty to 30 to 90 days after the date of discharge from active duty. This safeguard applies to active-duty members of the regular forces, National Guard members serving on active duty status under federal orders, Reservists called to active duty and Coast Guard members serving on active duty in support of the armed forces.

In order to get out of a housing lease under the SCRA without penalty, the individual must prove that they signed the lease before entering active duty and will remain on active duty for a minimum of 90 days. In addition, they must provide their landlord written notice of their intent to break the lease with a copy of their military orders, ideally no less than 30 days in advance.

If the service member signed a lease or rental agreement after they began active duty service, they may still be able to terminate it without penalty under the SCRA. If they received PCS or deployment orders that will last for more than 90 days, they must provide written notice to their landlord with a copy of your orders, preferably with at least 30 days-notice. If successful, their lease should end 30 days after their next monthly rent payment is due.

Find out if there is a "military clause" in the residential lease. The lease may include a military clause, which gives you additional protection and allows tenants to break the lease under certain circumstances. The military clause is common in housing leases near military installations. If the lease doesn't have a military clause, ask the landlord or management company if one can be added. However, be careful about leases that ask the servicemember to waive SCRA rights or attempt to limit SCRA rights.

Also under the SCRA, National Guard and reserve service members can end automotive leases early if they are called to active duty for a minimum of 90 days. A National Guard or reserve member may be protected if they have orders for a permanent change of station which relocates the member to a different state, have military orders for a PCS which moves the member outside of the continental United States, or the member is deployed for at least 90 days. To terminate an automotive lease, members need to give the dealership written notice of the intent to break the lease with a copy of their military orders, and return the vehicle no later than 15 days after delivery of the written notice. If successful, the lease should end the day the vehicle is returned.

For any questions about breaking a lease, contact the Base Legal Office at 325-654-3203, find the closest office through the Armed Forces Legal Assistance Legal Services Locator.

Common SCRA Protections

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