Military clause narrower than SCRA requires

Reviewed by Marcus A. Hall, Founder
Red flag
Often unenforceable, and a signal of a problem landlord.
Quick answer

SCRA gives service members the right to terminate with 30 days' notice on PCS/deployment orders. A lease can expand rights but cannot restrict them.

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What it actually means

The Servicemembers Civil Relief Act (SCRA) is federal law — it overrides any lease clause that provides less protection.

If the lease says you need 90 days' notice or owe a fee despite military orders, that portion is void. You still get SCRA rights.

What it looks like in a lease

"Military termination is permitted only with 60 days' notice and payment of one month's Rent as a fee."

What to watch for

  • Whether termination requires any fee (SCRA says no)
  • Notice period (SCRA: 30 days after next rent due date)

How to negotiate it

'Federal law (SCRA) supersedes this clause. Please strike it or match SCRA terms.'

When it crosses into a red flag

  • Any fee required
  • Notice exceeds SCRA requirements

Frequently asked questions

Does SCRA apply to Guard/Reserve?

Yes — when activated for 90+ days under federal orders.

Related state law

Want to know how this works in your specific state? Read the Breaking a lease early guide, or pick your state from the guide index.

Related clauses

General information, not legal advice. Clauses are interpreted differently across states and courts. For a binding interpretation of your specific lease, consult a licensed attorney in your state.

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