Breaking a Lease on Military Orders to Buy a Home

Yes, the Servicemembers Civil Relief Act (SCRA) lets you end a residential lease early, without an early termination charge, when you receive orders for a permanent change of station or a deployment of at least 90 days, or when you entered service after signing the lease. You give your landlord written notice with a copy of your orders, and on a monthly lease the termination takes effect 30 days after the next rent due date. That date is what you plan your closing around.

I'm Dennis Mark Interdonato with The Dennis Mark Group at Keller Williams Realty Ocean Living and the Market Center Representative for KW Military. I served 10 years in the U.S. Army Reserve. When someone renting in Monmouth or Ocean County wants to buy on new orders, the lease end date and the closing date have to work together. Here's how the law sets that up. I'm not a lawyer, and your legal assistance office can review your lease.

When can you break a lease because of military orders?

The rule is in federal law, 50 U.S.C. 3955. A residential lease is covered when:

• you signed the lease and then entered military service during its term, or
• you signed the lease while already serving, and then received orders for a permanent change of station, or to deploy, for a period of at least 90 days.

The statute's definitions say "military orders" include orders for separation or retirement, and that a permanent change of station includes separation or retirement from service. The Department of Justice lists the same three kinds of orders: a PCS, a deployment of 90 days or more, or separation or retirement.

Can you break a lease to buy a house?

Not on its own. The SCRA right is tied to entering service or to qualifying orders, not to buying a home. If you want to buy in the same area without new orders, your lease's own terms decide what it costs to leave early. Read it, and talk to your landlord before you write an offer.

Some leases also include a military clause. Military OneSource describes it as extra protection that may let you end the lease early in certain situations, and suggests asking your landlord or management company to add one if your lease doesn't have it. It also warns about separate SCRA waiver documents: if you legally waive your SCRA rights, you may not be able to end the lease early without significant penalties.

How do you give notice under the SCRA?

Under 50 U.S.C. 3955, you deliver written notice to the landlord, or the landlord's agent, along with a copy of your military orders. The law allows delivery:

• by hand,
• by a private business carrier,
• by certified mail with return receipt requested, or
• electronically, such as to an email address or online portal the landlord uses, by means reasonably calculated to make sure it's received.

Military OneSource suggests giving notice at least 30 days before you plan to leave. Keep a copy of the notice, the orders and proof of delivery.

When does the lease actually end?

For a lease with monthly rent, the statute says termination takes effect 30 days after the first date the next rent payment is due after you deliver the notice. Here's what that looks like if your rent is due on the 1st:

• You deliver notice on October 10.
• The next rent due date is November 1.
• The lease ends 30 days later, on December 1.

The landlord can't charge an early termination fee. You still owe rent prorated up to the termination date, plus any unpaid taxes, other lease obligations and reasonable charges for excess wear. Rent you paid in advance for the time after termination has to be refunded within 30 days of the termination date.

How do you time a closing around the lease?

Work backward from the lease end date, the same way I plan everything else on a military move.

1. Get pre-approved first. If you're using your VA benefit, start with your COE. See how to get your VA Certificate of Eligibility.
2. Shop with the date in mind. I set up your search, send homes as they hit the market and preview them for you.
3. Pick the closing date, then the notice date. Once you're under contract and the lender confirms the timeline, you can choose when to deliver notice so the lease ends after you have the keys.
4. Leave a cushion. VA's home buying page says the lender has to give you the Closing Disclosure at least 3 business days before closing, and dates can move. A short overlap of rent and mortgage usually costs less than a gap with nowhere to live.

If your new orders bring you to the Jersey Shore, read buying a home on PCS orders in Monmouth or Ocean County, and the Military Home Guide for the full timeline.

Where can you get help with a lease?

Military OneSource points service members to their installation's legal services or JAG office, which can review a lease before you sign it and help with termination. The CFPB lists the military legal office locator at legalassistance.law.af.mil.

If you own a home you're leaving behind, start with what it's worth, and see SCRA protections for homeowners.

Frequently Asked Questions

How much notice do I have to give to break a lease on military orders?

The statute ties the end date to rent: for a monthly lease, 30 days after the next rent due date following your notice. Military OneSource suggests notice at least 30 days ahead.

Can my landlord charge an early termination fee?

Not on a lease ended under the SCRA. 50 U.S.C. 3955 says the landlord may not impose an early termination charge, though prorated rent and excess wear charges can still apply.

Do separation or retirement orders count?

Yes. The statute defines military orders to include orders for separation or retirement.

What is a military clause in a lease?

A lease term that can give extra protection to end the lease early in certain situations, according to Military OneSource.

This is general information, not legal, tax or lending advice. Your installation legal assistance office or an attorney can tell you how the SCRA applies to your lease. This site isn't affiliated with or endorsed by the Department of Veterans Affairs or the Department of Defense.

About the author

Dennis Mark Interdonato is a REALTOR® and Master CDRE® who leads The Dennis Mark Group at Keller Williams Realty Ocean Living in Point Pleasant, NJ, helping buyers and sellers throughout New Jersey make their next move, with Monmouth and Ocean County as home base. Read more about Dennis Mark, or see how I handle military moves.

Keep reading

• Home buying benefits for military buyers in New Jersey
• How I help buyers
• Have a question this didn't answer? Send it to Dennis Mark.