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Break Leases & Contracts Penalty-Free

End apartment leases, auto leases, and phone contracts without fees when orders move you.

Breaking a lease under the SCRA
How to terminate a lease with military orders, and the rent-cycle timing TWO ORDERS UNLOCK IT PCS orders Deployment of 90+ days Enlisted after signing Deliver written notice + acopy of your orders To your landlord or agent 1 The clock starts the day thelandlord receives it Not the day you signed the letter 2 Lease ends 30 days after thenext rent due date 50 U.S.C. § 3955(d)(1) 3 Pay rent through that date,nothing after No fee. Deposit returned as usual. 4 Time your notice to the rent cycle SEND IT THE SAME WEEK Jul 21 Aug 1 Ends Aug 31 WAIT UNTIL THE DUE DATE Aug 1 Sep 1 Ends Oct 1
  • Rent you still owe
  • The 30 days after the next due date

50 U.S.C. § 3955. A monthly-rent lease, month-to-month or fixed term, ends 30 days after the next rent due date. Get your exact date and savings from the lease termination calculator.

If you have orders, you can get out of the lease, and the landlord cannot charge you a termination fee for it. That is federal law, 50 U.S.C. § 3955, not a courtesy clause your lease happens to contain.

The protection is wider than most people assume. It covers leases of premises used for residential, professional, business, agricultural or similar purposes, and it separately covers motor vehicle leases. Terminating also ends any obligation a dependent has under the same lease.

What trips people up is not eligibility, it is the paperwork and the dates. The termination is not effective when you hand over the notice; for a monthly-rent lease it takes effect 30 days after the next rental payment falls due. Send the notice with a copy of your orders, keep proof of delivery, and count the dates before you plan the move.

At a glance

Statute
50 U.S.C. § 3955
Premises lease trigger
PCS orders, or deployment of 90 days or more
Vehicle lease trigger
Entry into service on a call or order of 180 days or more
How to terminate
Written notice plus a copy of your orders, delivered to the lessor
Vehicle handover
Return the vehicle within 15 days of delivering the notice
Effective date (monthly rent)
30 days after the next rental payment is due following delivery of notice
Early termination charge
Prohibited. The lessor may not impose one
Prepaid rent refund
Within 30 days of the effective termination date
Withholding your deposit
A misdemeanor under § 3955(h) if done knowingly after a lawful termination

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Frequently asked questions

Can the landlord charge me an early termination fee?

No. Section 3955(e) says the lessor may not impose an early termination charge on a lawful SCRA termination. You still owe prorated rent for the period before the effective date, and you still owe things like unpaid taxes or reasonable charges for excess wear that were already due under the lease.

When does the termination actually take effect?

For a premises lease with monthly rent, 30 days after the first date the next rental payment falls due after your notice is delivered. For other premises leases, the last day of the month following the month the notice is delivered. It is not the day you hand over the letter, which is the single most common planning mistake.

What happens to my security deposit and prepaid rent?

Rents or lease amounts paid in advance for a period after the effective termination date must be refunded within 30 days of that date. Knowingly seizing, holding or detaining the personal effects, security deposit or other property of a servicemember who lawfully terminated is a misdemeanor under § 3955(h).

Does terminating cover my spouse who signed the same lease?

Yes. Section 3955(a)(2) says a lessee’s termination also terminates any obligation a dependent of the lessee may have under that lease.

What if the servicemember dies or is catastrophically injured?

Section 3955 provides for both. A spouse or dependent may terminate during the one-year period beginning on the date of death if the lessee dies in military service or while performing covered duty, and there is a parallel one-year window where the lessee incurs a catastrophic injury or illness.

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