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How to Protect Yourself as a Landlord When Renting to Servicemembers

NicoleTaylor by NicoleTaylor
2 months ago
in National
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More than one million active-duty servicemembers stand guard across the world, dedicating their lives to protect the nation. When they return home, landlords have the unique responsibility of offering them a safe and stable place to live. Renting to servicemembers, however, comes with specific obligations that go beyond a standard rental agreement.

Most military tenants are respectful, timely, and dependable, yet landlords must follow strict federal regulations under the Servicemembers Civil Relief Act to stay compliant. Missteps, even unintentional ones, can lead to serious legal consequences or financial losses.

This guide explores how you can safeguard your property and protect yourself as a landlord while honoring the rights of those who serve. From lease terms to military status verification, every step matters, and understanding them fully is the key to renting responsibly.

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Key Legal and Practical Steps to Protect Yourself as a Landlord

Verify Military Status Before Finalizing a Lease

Verifying a tenant’s military status is one of the most crucial steps before signing any rental agreement. It helps landlords stay compliant with the Servicemembers Civil Relief Act, which protects active-duty servicemembers from certain legal and financial actions. Identifying whether a tenant is on active duty ensures you apply the correct lease clauses and understand their rights under federal law.

One of the most important steps is conducting proper military verification before signing a lease, which ensures landlords can confirm a tenant’s active-duty status and remain compliant with federal regulations. This process helps avoid unintentional violations, such as issuing an unlawful eviction notice or charging late fees that may not be enforceable under the SCRA.

Verification is simple and can be completed through the Defense Manpower Data Center (DMDC), the official database for confirming active-duty service. For example, if a tenant informs you they are stationed temporarily in your area, a quick DMDC check provides legal documentation of their service. 

Draft SCRA-Compliant Lease Agreements

A well-written lease can be your strongest protection when renting to servicemembers. Instead of relying on a generic rental form, tailor the agreement to reflect federal requirements under the Servicemembers Civil Relief Act. This shows awareness of military tenant rights and establishes clear expectations from the start.

Every SCRA-compliant lease should include a clause recognizing that a tenant’s active-duty status may entitle them to terminate the lease early if they are deployed or relocated. If a tenant receives sudden orders to move across the country, the agreement should outline how they can provide written notice and official documentation to end the lease without penalty.

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It’s also wise to spell out communication procedures, such as how notice should be delivered and the timeline for vacating. These details prevent confusion and disputes later. 

Include a Clear Early Termination Clause

Few situations test a landlord’s professionalism more than when a servicemember suddenly receives deployment or relocation orders. The SCRA provides these tenants with the right to terminate their lease early without penalty, as long as the deployment lasts at least 90 days. Having a clear, written process in place prevents confusion and builds mutual respect between both parties.

Your lease should outline exactly how early termination works. Require tenants to give written notice and attach a copy of their deployment or reassignment orders. For example, if a tenant stationed in Virginia is ordered to relocate to Hawaii, proper documentation ensures you can process the request smoothly and stay within the law.

After the tenant moves out, landlords are required to refund the full security deposit, keeping only reasonable deductions for normal wear and tear. With timely communication and proper records, early lease termination becomes a structured process rather than a legal headache.

Maintain Proper Documentation at All Stages

Good paperwork is a landlord’s best insurance policy. Even when every interaction with a tenant seems smooth, keeping organized records ensures protection if questions or conflicts arise later. Documentation also proves that you have followed the Servicemembers Civil Relief Act and handled every situation in good faith.

Maintain copies of lease agreements, active duty verification results, payment receipts, and any written notices related to early termination or deployment. Digital storage makes this much easier. Upload signed documents, DMDC verification reports, and correspondence to a secure folder where everything is easy to locate.

If a disagreement ever reaches court, detailed records can make all the difference. Judges often look for proof of proper communication and compliance. Beyond legal protection, strong documentation habits signal professionalism and build trust with military tenants who appreciate clear, responsible management.

Understand the Legal Implications of Evictions and Collections

 While most tenants pay on time and follow lease terms, situations can arise where rent becomes overdue or property rules are violated. When that happens, landlords must understand that the Servicemembers Civil Relief Act places strict limits on eviction and collection actions against active-duty personnel.

You cannot evict an active-duty tenant or seize their property without first obtaining a court order. This rule also applies to storage unit owners who wish to sell or dispose of a servicemember’s belongings for unpaid dues. Courts often delay or stay proceedings if military duties prevent the tenant from appearing, giving them time to resolve financial or legal matters.

Ignoring these procedures can lead to severe penalties, including reversed judgments or fines. Before taking any action, it is always wise to consult with legal counsel familiar with SCRA compliance to ensure every step aligns with federal and local requirements.

Stay Informed and Regularly Review SCRA Requirements

Regulations surrounding servicemember protections don’t stay the same for long, which makes ongoing awareness essential for every landlord. The Servicemembers Civil Relief Act continues to evolve, and even small changes can affect how you manage leases, evictions, or active-duty verifications. Keeping up with these updates helps prevent accidental violations and strengthens your rental practices.

An easy way to stay current is by subscribing to housing law updates or joining landlord associations that share compliance resources. You can also consult legal professionals who specialize in military rental laws to review your documents and procedures periodically.

Take time each year to revisit your lease templates, verification methods, and communication policies. Proactive learning is one of the simplest forms of protection, allowing you to adapt early and avoid risks that come from outdated knowledge or overlooked SCRA revisions.

Conclusion

Renting to servicemembers isn’t just about filling a unit, it’s about doing it the right way. Protecting yourself as a landlord means pairing smart legal practices with genuine respect for those in uniform. It starts with military verification, continues through clear lease terms and documentation, and grows stronger when you understand your rights and theirs under the SCRA. 

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