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Active-duty military personnel in the United States cannot be evicted from their homes even if the owner does not want to renew the lease. The Servicemembers Civil Relief Act (SCRA) expressly prohibits it: any eviction attempt requires a court order, with no exceptions.

The Department of Defense updated in 2026 the monthly rent threshold covered by this federal law, which was set at $10,542.60. The adjustment, in effect since January 1, 2026, extends protection to virtually all residential rental contracts in the country.

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SCRA: who is protected against eviction?

The law protects active-duty members of the six military branches — Army, Navy, Air Force, Marine Corps, Coast Guard and Space Force—, reservists on active federal service and members of the National Guard under federal orders for more than 30 days. In certain situations, the protection also extends to their immediate family members and dependents.

What exactly does it cover?

  • Ban on out-of-court eviction: the landlord cannot remove the military tenant without a judge’s order, regardless of what the contract or state law says.
  • Protection in case of nonpayment: if the reason for the eviction is nonpayment, the court may postpone the hearing for up to three months or more if it is shown that military service affected the member’s ability to pay.
  • Scope of the 2026 threshold: the $10,542.60 monthly cap covers virtually all standard residential rents.

What happens if the owner still wants to evict?

Any owner who starts an eviction process against an active-duty tenant must first verify their military status. Proceeding without doing so can constitute a violation of the SCRA and expose the owner to payment of significant fines.

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What limits does this protection have?

The SCRA is not absolute protection. The law does not cover serious breaches of the lease agreement. It also does not apply to those who are not on active duty. Military personnel also have the right to terminate rental contracts that began before their assignment to active duty without penalty.