When a Military Tenant Gets PCS or Deployment Orders: Step by Step
When a service member tenant who signed the lease while in military service receives PCS orders, or orders to deploy for not less than 90 days, the tenant can end the lease by delivering written notice and a copy of the orders (50 U.S.C. § 3955). For a lease with monthly rent, the lease ends 30 days after the next rent due date that follows delivery, rent is prorated to that date, and no early termination charge is allowed. After move-out, California's deposit rules apply as usual: an itemized statement and any refund within 21 calendar days (Civil Code § 1950.5(h)).
The short version
- The tenant delivers written notice plus a copy of the orders by hand, private carrier, return-receipt mail or an electronic method reasonably calculated to ensure receipt.
- Monthly lease: the end date is 30 days after the first rent due date following delivery of the notice.
- Rent is prorated to the end date. The owner may not charge an early termination fee. Rent paid in advance for after that date is refunded within 30 days.
- Holding a service member's deposit to cover rent for after the termination date is a federal misdemeanor if done knowingly.
- California's move-out steps still apply: the offer of a pre-move-out inspection, photos, and the deposit statement within 21 days.
- California's Military and Veterans Code § 409 has parallel rules.
The legal rule itself, including who qualifies, is explained on military tenants and the SCRA. This page is the process for both sides.
Step 1: The tenant gives notice with orders
Under § 3955(b)(1), a residential lease can be ended if the tenant signed it before entering military service, or signed it during service and then received PCS orders or orders to deploy for not less than 90 days, or signed it on receiving orders and then received a stop movement order. Orders for separation or retirement count, because "permanent change of station" includes separation or retirement (§ 3955(i)).
The tenant delivers to the owner or the owner's agent:
- written notice of termination; and
- a copy of the military orders, or a notification, certification or verification of duty status from the commanding officer.
Allowed delivery methods (§ 3955(c)): hand delivery, private business carrier, mail with return receipt requested, or "other electronic means reasonably calculated to ensure actual receipt." California's § 409 lists hand delivery, private business carrier and U.S. mail with return receipt requested.
Tenants: keep a copy of what you sent and proof of delivery. Owners: confirm receipt in writing and note the delivery date, because it sets the end date.
Step 2: Work out the end date
| Lease type | When termination takes effect (§ 3955(d)(1)) |
|---|---|
| Monthly rent | 30 days after the first date on which the next rental payment is due after the notice is delivered |
| Any other lease | The last day of the month after the month the notice is delivered |
For example: rent is due on the 1st of each month, and the tenant delivers notice on March 10. The next rent due date is April 1, so the lease ends 30 days later, on May 1. Check your own dates with the notice period calculator.
The termination also ends any obligation a dependent of the tenant has under the lease (§ 3955(a)(2)). If a service member tenant dies during military service, the spouse or a dependent may end the lease within one year of the death (§ 3955(a)(3)).
Step 3: Settle the rent
- Prorated rent. Rent owed for the period before the effective date is paid on a prorated basis.
- No early termination charge. The owner "may not impose an early termination charge."
- Other charges. Taxes, summonses, title and registration fees, and charges for excess wear or use under the lease can still be collected.
- Advance rent. Rent paid in advance for any period after the effective date must be refunded within 30 days of the effective date.
- The deposit is not a rent fund. Knowingly seizing or holding a service member's property or security deposit to collect rent for the period after termination is a federal misdemeanor.
Step 4: The pre-move-out inspection
Under Civil Code § 1950.5(f), the owner must tell the tenant in writing of the right to request an initial inspection. The inspection is held no earlier than two weeks before the tenancy ends, with 48 hours' written notice (both sides can waive the notice in writing). The owner then gives an itemized list of proposed deductions so the tenant can fix the items before leaving.
Tenants: ask for the inspection early if your report date is close. Owners: offer it in writing as soon as you have the notice. The move-in and move-out checklist and move-out step by step cover the details.
Step 5: Move-out day and photos
Since April 1, 2025, the owner must take photos after the tenant returns possession but before any repairs or cleaning, and again after repairs or cleaning (§ 1950.5(g)). Deductions are limited to unpaid rent, damage beyond ordinary wear and tear, cleaning back to the move-in level of cleanliness and, if the lease allows, restoring personal property (§ 1950.5(b), (e)). Ordinary wear and tear and damage that was already there cannot be charged.
If the tenant leaves and keys are returned, record the date: the deposit clock starts when the tenant vacates.
Step 6: The deposit within 21 days
| Rule | Civil Code § 1950.5 |
|---|---|
| Deadline | Itemized statement and the balance no later than 21 calendar days after the tenant vacates, (h)(1) |
| Electronic return | If the owner received the deposit or rent electronically, the balance must go back electronically unless both agree in writing on another method, (h)(1)(A) (effective January 1, 2026) |
| Notice of that right | The owner gives written notice of the electronic-return right within a reasonable time after either side gives notice to terminate, (h)(1)(A) |
| Receipts | Attach invoices or receipts and the photos, unless repair and cleaning deductions total $125 or less, (h)(2), (h)(4) |
| Work not finished | A good-faith estimate is allowed; final documents follow within 14 days of completion, (h)(3) |
| Several adult tenants | Without a written agreement, one check payable to all adult tenants, (h)(1)(C) |
| Bad faith | Statutory damages of up to twice the deposit, plus actual damages, (h)(7), (m) |
Use the deposit return deadline calculator to find the date.
For owners
- Treat every notice the same way. Military and veteran status is protected under Gov. Code § 12955, so a tenant using the SCRA must not be treated less favorably.
- Do not charge a fee for the early end, and do not hold the deposit to cover rent after the end date.
- Start finding the next tenant once you know the end date, and give proper notice before showing the home under Civil Code § 1954.
- If you are a service member yourself, the owner-side rules are in SCRA protections for military homeowners.
For renters
- Send the notice and orders together, by a method that proves delivery.
- Pay rent through the end date; it is prorated.
- Ask for the pre-move-out inspection and give the owner a forwarding address or bank details for the deposit.
- If your lease has a military clause, read it too. It can add to the SCRA, not subtract from it.
- Renting again at your next station? See renting off base as a military tenant.
McKee Properties manages rentals from its Coronado office; contact us with questions about your property.
Help on base
Your installation housing office and installation legal assistance office can answer questions about a lease that is ending on orders. Military OneSource's Legal Services Locator, or 800-342-9647, can point you to a legal office.
Frequently asked questions
How much notice does a military tenant have to give?
The SCRA ties the end date to when the notice is delivered rather than to a set notice period: for a monthly lease, termination takes effect 30 days after the first rent due date that follows delivery of the notice and orders (50 U.S.C. § 3955(d)(1)).
Can the landlord keep the deposit to cover the rest of the lease?
No. Knowingly holding a service member's security deposit to collect rent for the period after termination is a federal misdemeanor. Normal California deductions, such as unpaid rent before the end date or damage beyond ordinary wear and tear, still apply under Civil Code § 1950.5.
Do retirement or separation orders count?
Yes. The SCRA defines "permanent change of station" to include separation or retirement from military service, and "military orders" include orders for separation or retirement.
When must the deposit be returned?
No later than 21 calendar days after the tenant vacates, with an itemized statement (Civil Code § 1950.5(h)(1)). If the deposit or rent was paid electronically, the balance goes back electronically unless both sides agree in writing on another method.
Does a spouse on the lease also get released?
The service member's termination ends any obligation a dependent of the lessee has under the lease (§ 3955(a)(2)). How that applies to a particular co-signer or co-tenant is a lease question for your legal assistance office.
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
- 50 U.S.C. § 3955 (opens in a new tab)
- Mil. & Vet. Code § 409 (opens in a new tab)
- Civil Code § 1950.5 (opens in a new tab)
- Civil Code § 1954 (opens in a new tab)
- Gov. Code § 12955 (opens in a new tab)
- Military OneSource, military clause (opens in a new tab)
Verified October 19, 2026.
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