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Military Tenant Rights

The Servicemembers Civil Relief Act (SCRA) provides powerful federal protections for active-duty military and their families. These rights cannot be waived by any lease provision.

SCRA Protections for Renters

Lease Termination Rights

50 U.S.C. § 3955

Service members who receive PCS orders or are deployed for 90+ days can terminate residential leases early without penalty.

Applies to leases signed before entering active duty or during military service
Must provide written notice to landlord along with a copy of military orders
Lease terminates 30 days after the next rent payment is due
No early termination fees, penalties, or loss of security deposit allowed

Rent Cap Protection

50 U.S.C. § 3951

Service members with pre-service leases may have their rent capped based on their military pay grade if called to active duty.

Applies to leases entered before active duty service
Landlord cannot charge rent exceeding the BAH rate for the area
Must provide written notice and copy of orders to invoke protection
Protection applies for the duration of military service

Eviction Protection

50 U.S.C. § 3951

Landlords cannot evict a service member or their dependents during active duty without a court order.

Applies when monthly rent is below a threshold (adjusted annually)
Court may stay eviction proceedings for 90 days or longer
Court must consider the impact of military service on ability to pay
Dependents of service members receive the same protections

Interest Rate Cap

50 U.S.C. § 3937

Pre-service debts (including unpaid rent) are capped at 6% interest during active military service.

Applies to obligations incurred before entering active duty
Excess interest is forgiven, not deferred
Must provide written notice and copy of orders to the creditor
Protection lasts for the duration of active duty service

Pennsylvania-Specific Protections

PA Military and Veterans Code, 51 Pa.C.S. Chapter 71, provides additional protections beyond federal SCRA
PA National Guard members activated under state orders receive SCRA-equivalent protections
Allegheny County Veterans Court can address housing issues for eligible veterans
PA law prohibits discrimination against tenants based on military/veteran status in Pittsburgh

How to Invoke SCRA Protections

1

Get Your Orders

Obtain a copy of your military orders (PCS, deployment, or activation orders).

2

Provide Written Notice

Send your landlord a written notice via certified mail with a copy of your orders.

3

Document Everything

Keep copies of all correspondence and proof of mailing. Note dates and responses.

4

Seek JAG Assistance

If your landlord resists, contact your installation Legal Assistance Office or a civilian military law attorney.

Key Contacts

DoD Legal Assistance Locator: 1-800-527-4443
PA Veterans Crisis Line: 988 (press 1)
Allegheny Co. Veterans Services: 412-621-4357

Need Attorney-Drafted Documents?

Get SCRA notice letters and lease termination documents prepared with attorney supervision.

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