Military clause narrower than SCRA requires
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.
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.
