Reviewed by Brendan McKee, Managing Broker, DRE #01882732, on October 20, 2026.

When you rent off base in California, the security deposit is capped at one month's rent on top of the first month's rent, and the two-month exception for small landlords does not apply when the tenant is a service member (Civil Code § 1950.5(c)). If you later receive PCS orders, or deployment orders for at least 90 days, federal law lets you end a lease with written notice and a copy of your orders (50 U.S.C. § 3955). California also bars housing discrimination based on veteran or military status (Gov. Code § 12955).

The short version

  • Start with your installation housing office and HOMES.mil, the DoD's rental listing site.
  • The deposit cap is one month's rent, and "last month's rent" collected up front counts toward it.
  • A landlord may not refuse to rent to you because the two-month exception does not apply to service members.
  • The SCRA lets you end a lease on qualifying orders whether or not the lease has a military clause.
  • Your deposit balance and an itemized statement are due within 21 days after you move out.
  • Your landlord's insurance does not cover your belongings.

Step by step

  1. Contact the housing office early. HOMES.mil lets you "contact your current or prospective Housing office and use HEAT.mil to start your housing process BEFORE you PCS."
  2. Search listings. HOMES.mil is "The only DoD-sponsored rental listing website used by Military Housing Offices around the world." You can search without an account. See the HOMES.mil guide.
  3. Set your budget. Your allowance and your rent are separate numbers. See how BAH works.
  4. Apply. A screening fee may not exceed $30 per applicant, adjustable for CPI since 1998, and a landlord may charge one only if it either considers applications first come, first qualified, or refunds the fee to every applicant not selected (Civil Code § 1950.6). The landlord must give you a copy of any credit report within 7 days of receiving it.
  5. Read the lease. Look for a military clause, the rent, the deposit and any renters insurance requirement. The California lease must also include certain disclosures, including flood hazard information (Gov. Code § 8589.45). A landlord with actual knowledge of a former military ordnance location within one mile must tell you in writing before you sign (Civil Code § 1940.7).
  6. Inspect and photograph. For tenancies beginning on or after July 1, 2025, the landlord takes photos at or just before the start of the tenancy (Civil Code § 1950.5(g)). Take your own dated photos too, and use the move-in and move-out checklist.
  7. Get renters insurance. See the section below.

Deposits: what California allows

RuleWhat it means for youSource
Cap of one month's rentApplies to security collected or demanded on or after July 1, 2024, on top of the first month's rent§ 1950.5(c)(1)
What countsAny payment, fee, deposit or charge at the start of the tenancy, including advance rent such as "last month's rent," pet deposits and cleaning fees§ 1950.5(b)
Small-landlord exceptionUp to two months for some small landlords, but not if the prospective tenant is a service member, and the landlord may not refuse to rent to you because of this§ 1950.5(c)(5)
Higher security for a service memberIf charged because of credit or housing history, on or after April 1, 2025, the landlord must state the amount and reason in writing at or before signing, and return the extra after no more than six months if you are not behind on rent; the return date must be in the lease§ 1950.5(c)(4)
ReturnItemized statement and balance within 21 calendar days after you move out§ 1950.5(h)(1)
Electronic returnIf you paid rent or the deposit electronically, the balance must come back electronically unless you agree in writing to another method§ 1950.5(h)(1)(A)

Before you move out, you can ask for an initial inspection, held no earlier than two weeks before the tenancy ends, so you can fix listed items before the final walk-through (§ 1950.5(f)). The security deposit calculator and the deposit return deadline calculator apply the rules to your numbers.

If you get orders

Under 50 U.S.C. § 3955, you can end a residential lease if you signed it while in military service and then receive PCS orders or deployment orders for at least 90 days. You deliver written notice and a copy of the orders. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery, and the landlord "may not impose an early termination charge." California's parallel statute is Military and Veterans Code § 409.

Military OneSource advises: "It is not recommended to sign any documents that take away your rights under the SCRA." A military clause can add protections, such as for extended TDY, but it cannot reduce SCRA rights. For the full rules, see military tenants and the SCRA, the military clause, and when a military tenant gets PCS orders. The notice period calculator helps with dates.

During military service, a landlord may not evict you or your dependents without a court order, for a residence with monthly rent at or below the annually adjusted ceiling, which is $10,542.60 for 2026 (50 U.S.C. § 3951).

Fair housing protection

California's Fair Employment and Housing Act makes it unlawful for a housing owner to discriminate against or harass anyone because of veteran or military status, among other protected classes, and bars ads that show a preference on that basis (Gov. Code § 12955(a), (c)). The protection extends to a perceived characteristic or to association with someone who has it. If you think a landlord treated you differently, write down what happened and contact your legal assistance office. See fair housing and source of income.

Renters insurance

The California Department of Insurance says, "Your landlord does not provide insurance for your personal property." Landlord policies do not cover tenant possessions either. The DRE's 2026 tenant guide notes that "Many landlords will require a tenant to have renter's insurance, specifically liability coverage, and will set the minimum terms of coverage," and adds that several cases in rent control jurisdictions held that a landlord cannot evict a tenant for not buying renter's insurance covering their own possessions. California's required flood disclosure also tells tenants that renter's and flood insurance are recommended. See the renters insurance requirement.

For renters

  • Ask for every fee in writing before you pay, and check the total against the one-month cap.
  • Keep your orders, lease, photos and deposit receipt together. You will need them if orders arrive.
  • Give notice the way § 3955 allows: hand delivery, private business carrier, return-receipt mail, or electronic means reasonably calculated to ensure actual receipt.
  • Keep your forwarding information current with the landlord so the deposit can reach you.

Help on base

Your installation housing office is the first stop for off-base rentals; HOMES.mil is managed by Military Housing Offices. Your installation legal assistance office may be able to review a lease or help with a dispute for eligible service members. To find one, Military OneSource points to its Legal Services Locator and to 800-342-9647.

Frequently asked questions

Can a California landlord charge me two months' deposit because I am in the military?

No. The general cap is one month's rent (Civil Code § 1950.5(c)(1)). The two-month exception for small landlords does not apply if the prospective tenant is a service member, and the landlord may not refuse to rent to you because of that (§ 1950.5(c)(5)). If a landlord charges you a higher-than-standard deposit because of credit or housing history, the extra must be returned after no more than six months if you are current on rent.

Do I need a military clause to break my lease on orders?

No. The SCRA applies whether or not the lease has a military clause, if you meet § 3955's conditions, such as PCS orders or deployment orders of at least 90 days after signing the lease while in service. A military clause can add terms the SCRA does not cover, but it cannot take SCRA rights away.

How much notice do I have to give to end my lease on orders?

For a lease with monthly rent, termination takes effect 30 days after the first date the next rent payment is due after you deliver written notice and a copy of your orders (50 U.S.C. § 3955). Rent is prorated to the effective date, and the landlord may not charge an early termination fee.

Is it legal for a landlord to turn me down for being in the military?

No. Veteran or military status is a protected class under California's Fair Employment and Housing Act (Gov. Code § 12955(a)), and the protection also covers a perceived status. A landlord should apply the same written criteria to every applicant. If you believe you were treated differently, contact your installation legal assistance office.

Do I need renters insurance?

The DRE's tenant guide cites no statute that requires it, but notes that many landlords will require it, specifically liability coverage. Your landlord's insurance does not cover your belongings, so a renters policy is how you insure them.

This is general information, not legal or tax advice. Rules change; confirm your situation with your installation legal assistance office, a California attorney or a tax professional.

Sources

Verified October 19, 2026.

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