Military Clause Explained 2025: How Active-Duty Members Can Break Leases & Get Deposits Back

Understanding the Military Clause in Residential Leases

A military clause is a special provision in rental agreements designed to support active-duty military members, National Guard, and reservists. It grants them the right to terminate their lease early without penalty if they receive orders to relocate or deploy, ensuring their security deposits are returned.

What Is a Military Clause?

This clause is typically included in leases near military installations but is not legally required. It safeguards military personnel from financial loss due to mandatory moves, allowing them to break leases and retrieve deposits without facing penalties.

Key Points to Remember

• Allows active-duty military, National Guard, and reservists to end leases early upon receiving deployment or relocation orders.
• Commonly found in rental agreements near military bases but not mandatory nationwide.
• Protects tenants from losing security deposits when breaking a lease for military reasons.

How Does the Military Clause Work?

When a service member receives official permanent change of station (PCS) orders, they can invoke the military clause by providing these orders and a written notice to their landlord. This notice must include the intended move-out date and contact information for both the tenant and their commanding officer.

Typically, the lease ends on the last day of the month following the landlord’s receipt of the notice. For example, if the notice is given in January, the lease terminates at the end of February, with rent payable through that date.

It’s important to send the notice via Certified Mail and keep copies of all documents for your records.

Important Considerations

Not all leases contain a military clause, and some may limit its applicability based on distance of relocation. Always review your rental agreement carefully before signing.

Military Clause & The Servicemembers Civil Relief Act (SCRA)

The military clause complements protections under the Servicemembers Civil Relief Act (SCRA), a federal law that shields active-duty members from penalties like lease termination fees, foreclosures, and more during deployments or PCS lasting over 90 days.

If a landlord refuses to honor the military clause or SCRA rights, service members should consult their nearest military legal assistance office, with locations available on the Department of Defense website.

State Law Variations

Keep in mind that state laws vary, and in cases of conflict, state regulations may override the military clause provisions.

Sample Military Clause Language

"If the Tenant becomes an active member of the United States Armed Forces and receives permanent change of station orders or is relieved from active duty, retires, or is ordered into military housing, the Tenant may terminate this lease with 30 days written notice and provide official orders or a commanding officer’s letter. Rent will be prorated through the termination date, and the security deposit will be returned if no damages are present."

For instance, Pvt. River Johnson could terminate a one-year lease early under this clause and receive their security deposit back, even if the original lease stated otherwise.

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