A service member who signs a lease and then receives permanent change of station (PCS) orders, or deployment orders for at least 90 days, can end the lease early under the federal Servicemembers Civil Relief Act (50 U.S.C. § 3955) by giving written notice and a copy of the orders. For a monthly lease, termination takes effect 30 days after the next rent due date, and the landlord may not charge an early termination fee. California has a parallel lease-termination statute (Mil. & Vet. Code § 409), protects military and veteran status in housing, and bars the two-month small-landlord deposit for service members (Civ. Code § 1950.5(c)(5)(B)).

This is general information, not legal advice. Laws change; confirm the current text and your situation with a California attorney.

At a glance

ItemRule
Federal lease termination50 U.S.C. § 3955 (SCRA)
California lease terminationMil. & Vet. Code § 409, which parallels the SCRA
Who can terminateLease signed before entering service; or signed in service, then PCS orders or deployment of 90+ days; or signed on receiving orders, then a stop movement order
NoticeWritten notice plus a copy of the military orders
Effective date (monthly rent)30 days after the first date the next rent payment is due after notice is delivered
FeesNo early termination charge; prorated rent owed up to the effective date; advance rent refunded within 30 days
EvictionCourt order required for a residence with monthly rent at or below the federal ceiling: $10,542.60 per month for 2026 (50 U.S.C. § 3951)
DepositTwo-month small-landlord exception never applies to a service member; higher-than-standard deposits need a written statement and return within six months (Civ. Code § 1950.5(c))
Fair housingVeteran or military status is a protected class (Gov. Code § 12955)

What the law says

Ending a lease under the SCRA (50 U.S.C. § 3955)

The lease must cover a home "occupied, or intended to be occupied, by a servicemember or a servicemember's dependents." The servicemember may terminate if any of these is true (§ 3955(b)(1)):

  1. The lease was signed before the person entered military service, and they entered service during the lease term.
  2. The servicemember signed the lease while in military service and then received orders for a permanent change of station or a deployment of not less than 90 days.
  3. The servicemember signed the lease on receiving orders and then received a stop movement order.

"Military orders" is defined broadly. It includes "official military orders (including orders for separation or retirement)" and any notification, certification or verification of duty status from the commanding officer. A permanent change of station "includes separation or retirement from military service" (§ 3955(i)).

How notice is given (§ 3955(c)). The tenant delivers written notice of termination and a copy of the orders to the landlord or the landlord's agent by hand delivery, private business carrier, mail with return receipt requested, or "other electronic means reasonably calculated to ensure actual receipt."

When it takes effect (§ 3955(d)(1)). For a lease with monthly rent, termination is effective 30 days after the first date the next rental payment is due after the notice is delivered. Example: rent due on the 1st, notice delivered October 10, next payment due November 1, lease ends December 1. For any other kind of lease, termination is effective on the last day of the month after the month the notice is delivered.

Money at the end:

  • Rent for the period before the effective date is owed on a prorated basis.
  • The landlord "may not impose an early termination charge."
  • Taxes, summonses, title and registration fees, and charges for excess wear or use under the lease can still be collected.
  • Rent paid in advance for any period after the effective date must be refunded "within 30 days of the effective date of the termination of the lease."
  • Knowingly seizing or holding a servicemember's property or security deposit to collect rent for the period after termination is a federal misdemeanor.

Dependents and death. A servicemember's termination also ends any obligation a dependent has under the lease (§ 3955(a)(2)). If the servicemember dies during military service, the spouse or a dependent may terminate the lease within one year of the death (§ 3955(a)(3)).

Eviction protection (50 U.S.C. § 3951)

During military service, a landlord may not evict a servicemember or their dependents from a home occupied primarily as a residence, where the monthly rent does not exceed an annually adjusted ceiling, except by court order. For 2026 that ceiling is $10,542.60 per month, calculated as of January 1, 2026 (Federal Register notice of March 10, 2026, 91 FR 11527).

If military service materially affects the servicemember's ability to pay rent, the court shall stay the case for 90 days (unless justice and equity require a longer or shorter period) or adjust the lease obligation (§ 3951(b)). A knowing violation can bring a fine, up to one year of imprisonment, or both (§ 3951(c)).

California's parallel statute (Mil. & Vet. Code § 409)

Military and Veterans Code § 409 is California's lease-termination section and parallels the SCRA. It covers leases of premises used by a service member or dependents for residential and other purposes. The tenant delivers written notice and a copy of the orders by hand delivery, private business carrier, or U.S. mail with return receipt requested. For monthly rent, termination is effective 30 days after the first date the next rental payment is due, and termination also ends any dependent's obligation under the lease.

Mil. & Vet. Code § 409.3 is not a lease-termination law; it concerns court deferral of certain pre-service obligations and taxes.

California deposit rules for service members (Civ. Code § 1950.5)

  • One month, no exception. The deposit cap is one month's rent. A small landlord (a natural person, or an LLC whose members are all natural persons, owning no more than two rental properties with no more than four units in total) may normally collect up to two months, but that exception does not apply if the prospective tenant is a service member as defined in Mil. & Vet. Code § 400. A landlord may not refuse to rent to a service member because of this (§ 1950.5(c)(5)(B)).
  • Higher-than-standard deposits. Since April 1, 2025, a landlord who charges a service member a higher-than-standard deposit (for example, based on credit or housing history) must give a written statement of the amount and the reason on or before lease signing. The extra amount must be returned after no more than six months if the tenant is not in arrears, and the return date must be in the lease (§ 1950.5(c)(4), SB 611).
  • Move-out. The normal California rules apply: an itemized statement and the balance within 21 calendar days after the tenant vacates (§ 1950.5(h)(1)). Use the security deposit calculator to check the cap.

Fair housing

California prohibits housing discrimination because of veteran or military status, and bars ads that state a preference or limitation on that basis (Gov. Code § 12955(a), (c)). See fair housing and source of income.

Military clauses: common, but not required

A military clause is a negotiated lease term that lets a tenant end the lease early in listed situations. Military OneSource describes such clauses as "common in housing leases near military installations." Army legal assistance guidance says they "can only add to, not subtract from, the protections of the SCRA," and may cover situations the SCRA does not, such as extended temporary duty. No law requires one, and the SCRA applies whether or not the lease has one. Military OneSource advises service members not to sign documents that waive SCRA rights.

What owners should do

  1. Screen every applicant on the same criteria. Military status is protected; do not ask for a different deposit, cosigner or term because an applicant serves.
  2. Cap the deposit at one month for any service member tenant, even if you would otherwise qualify for the small-landlord exception.
  3. Document any higher deposit. If your standard criteria lead to a higher deposit, give the written statement before signing, put the return date in the lease, and calendar the return at six months or sooner.
  4. When notice arrives, check the orders and compute the date. Confirm the notice includes a copy of the orders, then count 30 days from the next rent due date. Prorate final rent and do not charge a termination fee.
  5. Refund advance rent within 30 days of the effective date, and return the deposit under the 21-day California rule.
  6. Go through the court for any eviction of a servicemember household at or below the federal rent ceiling.
  7. List where military households look. HOMES.mil is the official Department of Defense housing listing system; landlords create a login and listings must meet minimum housing standards.

What tenants should know

  • Keep a copy of your notice, your orders and proof of delivery, such as a return receipt.
  • You owe prorated rent through the effective date and lease charges for excess wear, but no early termination fee, and advance rent for later periods comes back within 30 days.
  • California's two-month deposit exception cannot be applied to you.

Step-by-step guides

For the practical side of this rule, see these guides in the California Rental Handbook:

More from the Military Rental Guide

Local rules

Some California cities add local tenant rules on top of state and federal law. Coronado has no local rent-control or just-cause ordinance as of October 2026 (based on a review of its code's contents); see the Coronado Rental Guide and renting to military tenants in Coronado. Other San Diego County cities may differ; check your city's municipal code.

Recent and upcoming changes

  • July 1, 2024: one-month deposit cap (AB 12), with the small-landlord exception that excludes service members.
  • April 1, 2025: written statement and six-month return rule for higher-than-standard service member deposits (SB 611).
  • March 10, 2026: the 2026 SCRA eviction ceiling of $10,542.60 per month was published.

Frequently asked questions

How much notice does a military tenant have to give in California?

Under 50 U.S.C. § 3955, a tenant paying monthly rent gives written notice with a copy of the orders, and the lease ends 30 days after the next rent due date following delivery. California's Mil. & Vet. Code § 409 uses the same 30-days-after-next-payment timing.

Can a landlord charge a fee when a service member breaks a lease on orders?

No early termination charge is allowed under § 3955. The landlord can collect prorated rent through the effective date, plus taxes, title and registration fees, and charges for excess wear or use under the lease.

Do retirement or separation orders count?

Yes. The SCRA defines military orders to include orders for separation or retirement, and defines a permanent change of station to include separation or retirement from military service.

Can I ask a service member for a two-month deposit?

No. The small-landlord exception in Civ. Code § 1950.5(c)(5) does not apply when the prospective tenant is a service member, so the cap is one month's rent. A higher deposit based on your standard criteria requires a written statement and a return after no more than six months if rent is current.

Can a landlord evict a deployed service member?

Only through a court order, for a residence with monthly rent at or below the federal ceiling ($10,542.60 for 2026). If service materially affects the ability to pay, the court must stay the case for 90 days or adjust the lease obligation, unless justice and equity require otherwise.

McKee Properties manages rentals from its Coronado office; contact us with questions about your property.

Sources

Verified October 19, 2026.

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