SCRA for Landlords, Lenders & Courts
The other side of the desk: what a landlord, lender, servicer, collector or court must do under the SCRA. The military affidavit, the DMDC status check, the notices, the deadlines, and what DOJ has fined for getting them wrong.
Most SCRA guidance is written for the servicemember. This desk is written for the other side of the transaction: the landlord filing an eviction, the lender pricing a pre-service loan, the servicer with a borrower in default, the collector about to take a default judgment, and the court clerk checking the file. The same statute binds all of them, and the Justice Department has spent more than a decade collecting from the ones who got it wrong.
The obligations are concrete. Before a court enters a default judgment in any civil action, the plaintiff must file an affidavit stating whether the defendant is in military service (50 U.S.C. § 3931). A landlord may not evict a servicemember or dependents from a residence renting at or under the annual threshold without a court order (§ 3951). A lease terminated on orders cannot carry an early termination charge, and prepaid rent comes back within 30 days (§ 3955). A creditor that receives written notice and orders must drop a pre-service debt to 6% back to the first day of service and forgive, not defer, the excess (§ 3937).
The cost of a miss is public record. The Attorney General can sue for a pattern or practice, or for a single violation of significant public importance, and the court can add a civil penalty on top of damages (§ 4041). The person harmed can sue on their own, as a class, and recover attorney fees (§ 4042). The enforcement ledger on this site lists every DOJ action we have verified, and the compliance guides below are built from what those actions punished.
At a glance
- Affidavit before default judgment
- Required in any civil action where the defendant does not appear, § 3931(b)(1)
- Affidavit form
- A written statement or declaration under penalty of perjury satisfies it, § 3931(b)(4)
- False affidavit
- Fine under title 18, up to one year in prison, or both, § 3931(c)
- Eviction without a court order
- Prohibited for residences at or under the rent threshold, § 3951(a)
- 2026 rent threshold
- $10,542.60 per month as of January 1, 2026 (Federal Register, March 10, 2026); re-published every year
- Early termination charge on a § 3955 lease exit
- Prohibited; prepaid rent refunded within 30 days of the effective date
- DOJ civil penalty (2026)
- $79,380 first violation, $158,761 each subsequent (28 CFR 85.5, adjusted annually)
- Private suit
- Damages, equitable relief, class treatment, and attorney fees, § 4042
Start here
- You are about to take a default judgment and need to know what to file: The military affidavit: what it is, when it is required, how to get one
- You need to check whether a person is on active duty: The DMDC SCRA website: search, certificate, and what the results mean
- You lend, service, or collect and want the audit-proof checklist: SCRA compliance for lenders and servicers
- You own or manage rental housing: SCRA for landlords and property managers
- You want to know what actually gets companies sued: The most common SCRA violations, ranked by what DOJ collected
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The DMDC SCRA Website: Search, Certificate & What the Results Mean
DMDC's SCRA site is free, now needs an account, and answers one question: was this person on active duty on one date. How to search and read the Status Report.
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Military Affidavit: What It Is, When Courts Require It, How to Get One
Before any default judgment, 50 U.S.C. § 3931 makes the plaintiff swear to the defendant's military status. The rule, the DMDC check, and 14 state forms.
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The Most Common SCRA Violations, Ranked by What DOJ Made Companies Pay
64 DOJ SCRA actions by violation type: foreclosures, rate cap failures, repossessions, lease fees, towing auctions, default judgments, and how to report one.
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SCRA for Landlords & Property Managers: Eviction, Exits & Deposits
SCRA rules for landlords: no eviction under the $10,542.60 rent ceiling without a court order, § 3955 lease exits with no fee, deposits, affidavits, DOJ cases.
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SCRA Compliance for Lenders & Servicers: The Audit-Ready Checklist
The creditor-side rules of the SCRA: § 3937 rate cap mechanics, DMDC verification, court-order gates, HUD-92070, the $79,380 penalty, and what DOJ fined for.
Frequently asked questions
Does the affidavit have to be notarized?
The statute does not say notarized. Section 3931(b)(4) says the affidavit requirement may be satisfied by a statement, declaration, verification, or certificate in writing, subscribed and certified or declared to be true under penalty of perjury. Some state courts prescribe their own form and some clerks expect a notary block; follow the local rule, but the federal floor is a sworn or declared written statement.
How do I find out whether someone is in military service?
The Defense Manpower Data Center runs a free public lookup at scra.dmdc.osd.mil that returns a status report for the date you specify. It needs the person's last name and either a Social Security number or date of birth. If you cannot determine status after a diligent search, § 3931(b)(1)(B) lets you file an affidavit saying so, and the court may require a bond before entering judgment.
Can we charge a servicemember an early termination fee if the lease allows it?
Not for a termination under § 3955. The lessor may not impose an early termination charge, and rent paid in advance for a period after the effective termination date must be refunded within 30 days. Lawful charges that accrued before the effective date, such as unpaid rent or damage, are a separate matter.
What is the rent threshold for the eviction protection this year?
The Department publishes the figure in the Federal Register each year under § 3951(a)(3). The notice published March 10, 2026 sets the maximum monthly rent as of January 1, 2026 at $10,542.60. The statutory base is $2,400, adjusted by the CPI rent-of-primary-residence index since 2003, which is why the number moves every year.
What can the Justice Department actually do to us?
Under § 4041 the Attorney General may sue over a pattern or practice, or over a single violation that raises an issue of significant public importance, and the court may award damages to everyone harmed plus a civil penalty. The penalty ceiling in the statute is $55,000 for a first violation and $110,000 for each subsequent one, adjusted for inflation each year under 28 CFR 85.5; the 2026 figures are $79,380 and $158,761. The enforcement ledger on this site shows what settlements have actually cost.
Can the servicemember also sue us privately?
Yes. Section 4042 gives any person aggrieved by a violation a private right of action for damages and equitable relief, expressly allows class actions notwithstanding any prior agreement to the contrary, and lets the court award costs and a reasonable attorney fee to a prevailing plaintiff.