SCRA Lease Termination Rights
The Servicemembers Civil Relief Act (“SCRA”) gives qualifying servicemembers the right to terminate certain residential leases early due to military service. A servicemember generally qualifies when they enter military service after signing a lease or, while already serving, they receive certain qualifying orders such as a permanent change of station (“PCS”), a deployment for at least 90 days, or certain separation or retirement orders, and others. Although SCRA rights may be waived, a waiver affecting rights under a lease is subject to specific statutory requirements, including that the waiver be in writing, executed separately from the underlying lease or obligation, and displayed in at least 12-point type.
Key SCRA Rules
- Written notice and a copy of your military orders are generally required to initiate termination.
- Monthly leases generally terminate 30 days after the next rent payment is due.
- Landlords may not impose an unlawful early-termination charge.
- Prevailing servicemembers may recover reasonable attorney’s fees under the statute.
Servicemembers Dependents
The termination rights extend beyond the servicemember to include their dependents as well. Under § 3955(a)(2), the termination extinguishes any obligation that a dependent of the servicemember may have under the lease. The SCRA defines a “dependent” to include the servicemember’s spouse, the servicemember’s child as defined by federal law, or any individual for whom the servicemember provided more than one-half of that individual’s support during the 180 days immediately preceding an application for SCRA relief. That last definition can extend the protection of a servicemember’s lease termination beyond spouses and children to other individuals—potentially including an unmarried partner, parent, sibling, or another person—if the statutory support requirement is satisfied. This extension prevents landlords from effectively circumventing SCRA termination rights by attempting to collect the same lease obligation from a dependent who remains jointly liable on the contract.
Dependents included
- A spouse
- Children (as defined by 38 U.S.C. § 101)
- Any individual for whom the servicemember provided more than one-half of the individual's support for 180 days immediately preceding an application for relief.
Triggering the Lease Termination
To terminate a covered lease, the servicemember must generally provide the landlord or its agent with written notice of termination and a copy of the servicemember’s military orders. For purposes of § 3955, “military orders” includes official military orders—including separation or retirement orders—as well as qualifying notification, certification, or verification from the servicemember’s commanding officer concerning current or future military duty status.
Mere written notice without a copy of military orders fails to trigger the lease termination. I have had cases where although my clients had sent written notice indicating their active duty status—it was not until they sent a copy of their orders that the lease termination was triggered, even if months after initial notice.
Federal law also specifies how notice may be delivered. Since January 5, 2021, the SCRA expressly permits electronic delivery, including delivery to an electronic address designated by the landlord or its agent, through an authorized electronic portal, or by another electronic method reasonably calculated to ensure actual receipt.
LEASE TERMINATED UPON:
Military Orders
A physical copy of official orders or certification from command. Notice alone is insufficient to trigger termination.
Written Notice
AND
Standard written notification of intent. Includes permitted electronic delivery methods introduced under recent federal guidance.
When the Lease Actually Ends Under SCRA
Despite triggering the lease termination, the lease obligation does not end immediately. For a residential lease where rent is paid monthly, termination generally becomes effective 30 days after the next rental payment is due following proper notice. For any other payment arrangement, e.g. rent payable annually, quarterly, weekly, or otherwise, termination is effective on the last day of the month following the month where the notice was delivered. The timing can at times trip up service members.
There is an important exception for certain qualifying stop-movement orders: in those cases, termination becomes effective when the servicemember satisfies the notice requirements of § 3955(c).
MONTHLY-LEASE TERMINATION DATE:
SCRA Protections Upon Lease Termination
For many of my clients it was not a landlord’s refusal to end the lease early that gave rise to a SCRA suit, but what they charged the servicemember to terminate the lease early. The statute is clear, under § 3955(e)-(f) a landlord may not impose an early-termination penalty simply because the servicemember exercised federal rights. The prohibition is not necessarily limited to a charge expressly labeled an “early-termination fee.” The Department of Justice has pursued SCRA enforcement actions involving rent charged beyond the lawful termination date and requirements that servicemembers repay rent concessions or discounts because they exercised their SCRA termination rights. In addition, any rent paid in advance for a period extending beyond the effective termination date must be refunded by the landlord within 30 days after the termination becomes effective.
Once a covered lease is validly terminated under the SCRA, unpaid rent for the period preceding the effective termination date must be calculated on a prorated basis. However, a servicemember may remain responsible for otherwise valid obligations that were already due and unpaid under the lease at the time of termination, including taxes, summonses, and reasonable charges for excess wear.
A landlord should not condition a servicemember’s federal SCRA termination right on additional requirements that the Act itself does not impose. For example, the Department of Justice has taken the position that there is no minimum-distance requirement between the old residence and the servicemember’s new duty station, and that requiring repayment of prior rent concessions can constitute an unlawful early-termination charge.
When a Landlord Violates SCRA
If a landlord refuses to honor a valid SCRA lease termination, continues charging rent after the termination date, imposes an unlawful early-termination fee, or fails to return prepaid rent as required by § 3955, the servicemember may bring a civil action under 50 U.S.C. § 4042.
Section 4042 provides meaningful remedies. A person aggrieved by an SCRA violation may seek appropriate declaratory or equitable relief as well as monetary damages, and a court may award a prevailing plaintiff the costs of the action, including a reasonable attorney’s fee. In addition, knowingly holding a servicemember’s security deposit, personal property, or other property to satisfy rent accruing after a lawful termination can constitute a criminal misdemeanor under § 3955(h).
Because § 4042 permits an award of reasonable attorney’s fees to a prevailing plaintiff, an SCRA dispute can create financial exposure beyond the amount of the original lease charges.
How Catello Law
Helps Servicemembers
Catello Law represents servicemembers in SCRA disputes and federal litigation. We evaluate lease-termination violations, seek corrective action and negotiated resolutions when appropriate, and pursue claims in federal court when litigation is necessary.
Our servicemember-rights practice is not limited to Florida. We accept qualifying SCRA matters from servicemembers across the country and can pursue federal litigation in jurisdictions where we are admitted or where admission pro hac vice is available.
Having counsel who is prepared to invoke the SCRA’s private right of action and pursue relief in federal court can materially change the leverage in a dispute, particularly where a landlord is unwilling to correct an unlawful charge voluntarily.
Whether the issue involves an invalid early-termination charge, continued rent, a security deposit, collection activity, or related harm, we use the SCRA’s private right of action and fee-shifting provisions to pursue a practical resolution for the client.
If a landlord or property manager has refused to honor your military lease termination, Catello Law can evaluate whether your SCRA rights have been violated.
Catello Law can provide meaningful leverage in these disputes. Protecting the rights of those who serve is a core component of our advocacy, and we are prepared to litigate against property management companies that ignore statutory federal protections.
If a landlord or property manager has refused to honor your military lease termination, Catello Law can evaluate whether your rights under the SCRA have been violated.