A military clause is a negotiated lease term, not something California or federal law requires. The federal Servicemembers Civil Relief Act already lets a qualifying service member end a residential lease on permanent change of station (PCS) orders or deployment orders of at least 90 days (50 U.S.C. § 3955), and California's Military and Veterans Code § 409 parallels it, whether or not the lease says anything. A military clause can add to those rights, for example covering an extended temporary duty assignment or the availability of on-base housing.

The short version

  • SCRA § 3955 rights apply with or without a military clause.
  • Army legal assistance guidance says military clauses "can only add to, not subtract from, the protections of the SCRA."
  • A clause is useful for situations the SCRA does not reach. Army guidance gives "extended TDY or availability of on-post housing" as examples.
  • No early termination charge may be imposed when a lease ends under § 3955.
  • Military and veteran status is a protected class in California housing (Gov. Code § 12955). A military clause must never become a screening or steering tool.
  • For a service member tenant, the small-landlord two-month deposit exception does not apply (Civil Code § 1950.5(c)(5)(B)).

What the SCRA already does

The full rule is on the military tenants and the SCRA page. In brief, under 50 U.S.C. § 3955:

  • Who qualifies (§ 3955(b)(1)): the lease covers premises occupied, or intended to be occupied, by a service member or dependents, and the member signed before entering service; or signed while in service and then received PCS orders or orders to deploy for not less than 90 days; or signed on receiving orders and then received a stop movement order.
  • Orders include separation and retirement. "Military orders" include orders for separation or retirement, and PCS "includes separation or retirement from military service" (§ 3955(i)).
  • Notice (§ 3955(c)): written notice plus a copy of the orders, delivered by hand, by private business carrier, by mail with return receipt requested, or by "other electronic means reasonably calculated to ensure actual receipt."
  • Effective date (§ 3955(d)(1)): for monthly rent, 30 days after the first date the next rental payment is due after the notice is delivered.
  • Money: rent through the effective date is prorated; the lessor "may not impose an early termination charge"; rent paid in advance for later periods must be refunded within 30 days of the effective date.
  • Dependents: the member's termination ends any obligation a dependent has under the lease (§ 3955(a)(2)).

California's Military and Veterans Code § 409 also calls for written notice with a copy of the orders and uses the same 30-days-after-next-payment timing for monthly rent.

What a military clause can add

A clause earns its place by covering situations outside § 3955. Military OneSource describes military clauses as "common in housing leases near military installations" and says such a clause "gives you additional protection and allows you to end the lease early under certain circumstances." Army legal assistance names two gaps a clause may fill: extended temporary duty and the availability of on-post housing. Beyond those, the scope is up to the parties, and wording varies; there is no standard clause.

What the clause should cover

ItemWhat to includeWhy
Relationship to the SCRAA statement that the clause adds to, and does not limit, rights under 50 U.S.C. § 3955 and Mil. & Vet. Code § 409Army guidance: a clause can only add to SCRA protections
Covered eventsThe specific events outside § 3955 that allow early termination, such as extended temporary duty or an offer of on-base housingThis is the clause's real job
Who may use itEach tenant on the lease to whom the listed events could applyKeeps the clause tied to events, not to a person's status
ProofWhat documents the tenant gives, such as a copy of the orders or the housing offerAvoids disputes over what counts
Notice and timingHow and when the tenant gives notice under the clause, and when the lease ends§ 3955 timing already governs qualifying moves; the clause sets timing for the rest
ChargesWhether any charge applies for exits under the clause, written only after legal reviewNo charge is allowed under § 3955; fees in other situations raise questions under Civil Code § 1671(d)
Co-tenantsWhat happens to other tenants on the lease§ 3955(a)(2) speaks to a dependent's obligations; say what happens to everyone else

Clause mistakes to avoid

  • Restating the SCRA narrowly. A clause that describes § 3955 in tighter terms than the statute, such as leaving out separation or retirement orders, invites confusion. Refer to the statute instead of paraphrasing it.
  • Asking a tenant to waive SCRA rights. Military OneSource advises service members: "It is not recommended to sign any documents that take away your rights under the SCRA."
  • Adding an early termination fee to SCRA exits. Section 3955 says the lessor "may not impose an early termination charge."
  • Setting a fee for non-SCRA exits without advice. A set sum for ending a lease early can be a liquidated damages provision, which Civil Code § 1671(d) makes void unless actual damages would be impracticable or extremely difficult to fix. Whether an optional exit fee is treated that way is a case-law question, and no statute sets a "standard" amount.
  • Holding the deposit to cover rent after the termination date. Knowingly seizing or holding a service member's security deposit to collect rent for the period after termination is a federal misdemeanor under § 3955.
  • Treating the clause as a screening tool. Offering different terms, or deciding whether to rent, based on military or veteran status violates Gov. Code § 12955.

Fair housing comes first

California's FEHA, Gov. Code § 12955(a), bars discrimination in housing because of "veteran or military status," and § 12955(c) bans notices and advertisements indicating a preference on that basis. Do not ask applicants about military status to decide whether to rent, and do not write ads that prefer or discourage service members. A military clause belongs in the lease as a term available on the same basis to any tenant whose circumstances it covers. See fair housing and source of income.

Deposit rules also differ for service members: the two-month small-landlord exception does not apply to a service member tenant, and extra security charged to a service member has its own written-statement and return rules (§ 1950.5(c)(4)-(5)). Check the security deposits page before setting the deposit in a lease with a military clause.

For owners

A military clause can make a listing workable for households facing moves the SCRA does not cover, and it costs nothing to refer to the statute correctly. Keep the clause event-based, have counsel review any exit charge, and apply your screening criteria the same way to every applicant. Coronado owners can read renting to military tenants in Coronado.

For renters

You can ask an owner to add a military clause before you sign. Read it for the events it covers, the notice it requires and any charge. Keep copies of your orders, and when you give notice under § 3955, use one of the delivery methods the statute lists so you can show the date it was received. For month-to-month tenancies, a tenant can also end the tenancy with at least 30 days' written notice under Civil Code § 1946(a); see termination notices. The moving to Coronado on military orders guide covers the local side.

Local rules

Some cities add rules on top of state law, such as local just-cause, relocation or rental registration rules; check your city's code. Coronado has no local rent-control or just-cause ordinance as of October 2026 (based on a review of its code's contents).

More from the Military Rental Guide

Frequently asked questions

Does California law require a military clause in a lease?

No. A military clause is a negotiated term. The federal SCRA (50 U.S.C. § 3955) and California's Mil. & Vet. Code § 409 give qualifying service members the right to end a residential lease whether or not the lease has a military clause.

What can a military clause cover that the SCRA does not?

Army legal assistance guidance says a clause may cover gaps the SCRA leaves, such as "extended TDY or availability of on-post housing." Beyond that, the parties decide which events the clause covers, and a clause can only add to SCRA protections, not reduce them.

Can a landlord charge a fee when a tenant uses a military clause?

Not when the lease ends under § 3955, which bars an early termination charge. For exits the SCRA does not cover, whether a set fee holds up depends on Civil Code § 1671(d) and case law not covered here, so have a California attorney review any charge before it goes in the lease.

Do retirement or separation orders count under the SCRA?

Yes. Section 3955(i) 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 offer a military clause only to service members?

Write the clause around events, such as orders or an on-base housing offer, and make it available on the same basis to any tenant those events could apply to. Never use military or veteran status to decide whether to rent or on what terms, which Gov. Code § 12955 prohibits.

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

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

Sources

Verified October 19, 2026.

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