By Capt. Bridget Karns
Special to GUIDON

It’s that time of year again, when many military Families are getting ready for a permanent change of duty station. A lot goes into each move, so it’s easy to forget something in all the hustle, even something as important as giving your landlord notice of your lease termination.  

The Servicemembers Civil Relief Act, or SCRA, provides certain protections for service members including the legal right to terminate a residential lease upon receipt of PCS orders or orders to deploy for 90 days or more. In order to take advantage of this protection, service members must understand the eligibility requirements and the correct process for providing notice to their landlords under the SCRA. Doing things right the first time will make moving smoother and avoid any costly mistakes that could occur when a lease is otherwise broken.

Who can terminate a lease under the SCRA?  

It’s also important to know that the SCRA does not only apply to service members. Dependants are also protected by the SCRA when their ability to fulfill the lease is affected by the service member’s military obligations.  In order for the dependant to be covered by SCRA, the service member must be on the lease, and the premises must be occupied, or intended to be occupied, by a service member or a service member’s dependents for a residential, professional, business, agricultural or similar purpose.

When and how do I give my landlord notice that I want to terminate the lease? 

Even though you are protected by the SCRA you have to follow the proper procedure for terminating a lease. To be covered by the SCRA you must:

- Give the landlord written notice of the lease termination and a copy of the service member’s military orders.

- Allow for 30 days after the next rental payment is due for the lease to be terminated.  

This means if you need to move on Aug. 5, and you pay rent on the first of each month, you would have to give notice in June in order to allow for 30 days from the next rental payment, which would be on July 1. Any rent due after will be paid on a pro-rated basis.  



Do Missouri landlords have to follow the SCRA?  

Additionally, Missouri state law offers even more protections to service members who need to break a lease. Under Missouri law, service members can terminate their lease with a 15 day notice if they have orders for a permanent change of duty station, are discharged from service, receive deployment orders or ordered to live in military housing.

What if my landlord gives me a hard time and says he won’t accept my notice of termination?  

Any rent you paid in advance that goes beyond your date of termination should be refunded to you. Landlords should also be advised that it’s a misdemeanor to hold the service member’s security deposit or property when the service member has given adequate notice under the SCRA. If you are having any issues terminating your lease under the SCRA make an appointment with the Legal Assistance Office so an attorney may assist you in the process. If you are new to Fort Leonard Wood and still having problems with your landlord from the last duty station, you should also seek legal assistance to help resolve any remaining issues.

Knowing your rights and following the correct procedure to terminate a lease will alleviate some of the stresses of moving, and allow you to look forward to your new duty station.

(Editor’s note: Karns is an attorney with the Fort Leonard Wood Legal Assistance Office.)