Free Military Clause Addendum
Military clause addendum acknowledging federal SCRA Section 305 (50 USC §3955). Active-duty servicemembers have a STATUTORY RIGHT to terminate a residential lease early upon receipt of PCS or 90+ day deployment orders. The right cannot be waived; this addendum acknowledges and may supplement SCRA protections.
Free Military Clause Addendum — overview
⚠ Federal Servicemembers Civil Relief Act (SCRA), 50 USC §3955
SCRA Section 305 gives active-duty servicemembers a STATUTORY RIGHT to terminate a residential lease early upon receipt of qualifying military orders (PCS or deployment of 90+ days). The tenant provides written notice + copy of orders; termination is effective 30 days after the next rent due date following notice. This right CANNOT BE WAIVED by lease provision; any contrary lease term is unenforceable. This addendum acknowledges the SCRA right and may add supplemental protections.
A Military Clause Addendum is a contractual addendum acknowledging the servicemember’s federal SCRA §305 statutory right to terminate the lease early upon receipt of qualifying military orders. SCRA rights cannot be waived; this addendum may add supplemental protections beyond the federal floor.
Complete the Addendum
Complete the form below to generate a Military Clause Addendum. The addendum must identify the master lease it modifies, the parties, and the new terms. Both landlord and tenant must sign for the addendum to be enforceable. Once signed, attach the addendum to the master lease — the addendum and lease together constitute the full agreement.
How addenda work: An addendum is a contractual amendment to a master lease. It does not replace the lease — it adds to or modifies specific provisions. If there is a conflict between the addendum and the master lease, the addendum controls (when properly executed). All parties to the master lease should sign the addendum.
1. Master Lease (Identification)
2. Parties
3. Addendum Terms
Federal Servicemembers Civil Relief Act (SCRA), 50 USC §3955 gives servicemembers a statutory right to early lease termination upon receipt of military orders for PCS (permanent change of station) or deployment of 90+ days. This addendum acknowledges that right and may add supplemental protections beyond the federal statutory floor.
⚠ SCRA rights are federal — they apply with or without this addendum
SCRA §305 (50 USC §3955) gives servicemembers a STATUTORY RIGHT to terminate a residential lease early on receipt of qualifying military orders. This addendum cannot waive or diminish SCRA rights; any waiver is unenforceable. This addendum may ADD supplemental protections (e.g., applying to family members, broader notice rights) beyond the federal floor.
4. Signatures (All Parties)
Both landlord and tenant(s) must sign this addendum. Once signed, attach to the master lease. Each party retains a signed copy.
About the Military Clause Addendum
The federal Servicemembers Civil Relief Act (SCRA), originally enacted in 2003 and codified at 50 USC §3955 (formerly §535), gives active-duty servicemembers a statutory right to terminate a residential lease early upon receipt of qualifying military orders. This federal right CANNOT be waived by lease provision — any contrary lease term is unenforceable. SCRA termination requires: (1) active-duty status (or about to begin active duty) — includes mobilized reserves and activated National Guard; (2) qualifying orders — PCS (permanent change of station) or deployment of 90 or more days; (3) written notice to the landlord with a copy of the military orders. The lease termination is effective 30 days after the date the next rental payment is due following the landlord’s receipt of the notice and orders. For example, if the next rent is due July 1 and the servicemember provides written notice + orders on June 10, the lease terminates July 31 (30 days after July 1). The tenant pays rent through the termination date but is NOT liable for rent thereafter. Early-termination penalties or unrecovered prepaid rent provisions in the lease are unenforceable. The security deposit must be returned per state law and master lease terms. SCRA protections extend to dependents on the lease. Many states (CA, NY, TX, FL, others) provide additional state-level military protections that supplement SCRA — verify state law for additional rights.
Key Provisions
- Federal: SCRA Section 305, 50 USC §3955 (cannot be waived)
- Active-duty servicemembers (including mobilized reserves / National Guard)
- Qualifying orders: PCS or deployment of 90+ days
- Written notice + copy of orders required
- Termination effective 30 days after next rent due date following notice
- No early-termination penalty; rights extend to dependents on the lease
- State military protections may supplement SCRA federal floor
Common Mistakes
- Treating SCRA as waivable (it is NOT)
- Charging early-termination fee on SCRA termination (unenforceable)
- Holding security deposit beyond state-law return period
- Failing to accept written notice + orders as sufficient
- Confusing 90+ day deployment vs shorter assignments (90 days is the threshold)
- Ignoring state-level supplemental military protections
Best Practices for Lease Addenda
- Identify the master lease. The addendum should reference the lease date and parties so there’s no ambiguity which lease it modifies.
- All parties sign. Every party to the master lease must sign the addendum. If the addendum is not signed by all tenants, it may be unenforceable against the non-signing tenants.
- Attach to the master lease. Keep the addendum physically attached to the lease. A loose addendum can be lost or disputed.
- Be specific. Vague terms create disputes. State exactly what is permitted, prohibited, charged, or modified.
- State precedence. Most addenda say “in the event of conflict between this addendum and the master lease, this addendum controls.”
- Don’t violate state law. Provisions that violate state landlord-tenant law (e.g., waiving habitability, anti-retaliation, security-deposit rules) are unenforceable even if both parties sign.
Screen before you sign anything
Addenda are binding contracts. Before adding any tenant to a lease — or before agreeing to modifications mid-tenancy — make sure you understand the tenant’s history. Tenant Screening Background Check has been verifying renters since 2004 — credit, eviction filings, criminal background, and employment.
Order Tenant Screening →
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⚖ Legal Disclaimer
This addendum form is provided for general informational purposes only and does not constitute legal advice. State landlord-tenant law and local rental ordinances impose specific requirements that may affect the enforceability of certain provisions. For SCRA guidance, visit Military OneSource and review 50 USC §3955. Consult a qualified landlord-tenant attorney before relying on this template, especially in rent-controlled jurisdictions or for high-value tenancies.
