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Active-duty military members in the United States cannot be evicted from their home 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 practically all residential rental contracts in the country.

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Who is protected by the SCRA against eviction?

The law protects members on active duty in 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?

  • Prohibition 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 practically all standard residential rents.
Image: Freepik.

What happens if the owner tries to evict anyway?

Any owner who initiates an eviction process against an active-duty tenant must first verify their military status.

Proceeding without doing so may constitute a violation of the SCRA and expose the owner to payment of significant fines.

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What are the limits of this protection?

The SCRA is not absolute protection. The law does not cover serious breaches of the rental agreement. It also does not apply to those who are not on active duty.

Military members also have the right to terminate rental agreements that began before their assignment to active duty without penalty.