Military Lease Terminations in Virginia: How the SCRA and VRLTA Work Together:

Did You Receive PCS Orders and Own a Home in Hampton Roads?

Receiving PCS orders often creates a second decision: Should you sell your Virginia home or keep it as a rental?

Coastal Group Inc. Realtors helps military homeowners evaluate expected rent, management costs, property condition, likely sale proceeds, and the practical responsibilities of owning a rental from another state or overseas.

There is no sales pressure and no obligation. We will help you compare the numbers and understand both options.

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Military moves are a regular part of life in Virginia Beach, Norfolk, Chesapeake, and throughout Hampton Roads. Permanent change of station orders, deployments, temporary-duty assignments, retirement, and orders to occupy government housing can all affect a servicemember’s residential lease.

For Virginia rental property owners, the central rule is important:

Military lease termination requests must be reviewed under both the federal Servicemembers Civil Relief Act and the Virginia Residential Landlord and Tenant Act.

A lease provision or Virginia law cannot take away a protection provided by federal law.

What Is the Servicemembers Civil Relief Act?

The Servicemembers Civil Relief Act, commonly called the SCRA, is a federal law that provides certain legal and financial protections to active-duty servicemembers.

One of its most important housing protections allows qualifying servicemembers to terminate a residential lease after:

Entering active military service;
Receiving permanent change of station, or PCS, orders;
Receiving orders for a deployment of at least 90 days; or
Receiving qualifying separation or retirement orders.

When a servicemember properly terminates a lease under the SCRA, the landlord generally cannot charge an early termination penalty, lease-break fee, accelerated rent, or rent beyond the legally effective termination date.

What Does the Virginia VRLTA Provide?

Virginia has its own military lease termination law within the Virginia Residential Landlord and Tenant Act.

Under Virginia Code § 55.1-1235, qualifying members of the Armed Forces and certain members of the National Guard may terminate a rental agreement after receiving:

Permanent change of station orders;
Temporary-duty orders lasting more than three months;
A discharge or release from active duty;
Orders to occupy government-supplied quarters that result in the loss of a housing allowance; or
A qualifying emergency stop-movement order that prevents the servicemember from occupying the rental home.

The tenant must give the landlord written notice and provide a copy of the military orders or a signed confirmation from the tenant’s commanding officer before the termination date.

Virginia law also prohibits the landlord from charging liquidated damages because of the qualifying military termination.

Recent Changes to Virginia’s Military Termination Law

Virginia’s military lease termination statute was updated in 2026. The former requirement tying eligibility to orders received within a particular period before their effective date was removed.

This gives qualifying military tenants greater flexibility when orders are received early or when military relocation plans change.

Rental property owners should therefore avoid relying on old lease language, old forms, or procedures written before the 2026 changes.

Additional information about recent Virginia rental-law changes is available in our guide to the 2026 Virginia landlord-tenant law updates.

Which Law Controls?

The SCRA is federal law. When federal law provides broader protection than Virginia law, the federal protection controls.

This distinction became especially important following a U.S. Department of Justice case involving a Hampton Roads property management company.

The company had allegedly refused to recognize a servicemember’s PCS lease termination because the new duty station was less than 35 miles from the rental property.

The Justice Department stated that the SCRA contains no mileage restriction for a qualifying PCS termination. It also stated that a state statute cannot deprive a servicemember of rights provided under federal law.

The case resulted in payments to the affected servicemember, a civil penalty, employee training requirements, and revised company procedures. The complete Justice Department SCRA enforcement announcement is available online.

The practical rule for Virginia landlords is clear:

A qualifying SCRA termination should not be denied merely because the servicemember’s new duty station is less than a certain number of miles from the rental property.

What Notice Should the Servicemember Provide?

A military lease termination request will normally include:

Written notice that the tenant is terminating the lease under military protections;
A copy of the applicable military orders or an acceptable letter from the commanding officer;
The requested termination date; and
A forwarding address for the security-deposit disposition and future correspondence.

Federal law permits qualifying notice and documentation to be delivered electronically, including by email or through another method designated by the landlord.

The landlord or property manager should acknowledge the request promptly, review the documentation carefully, confirm the effective termination date in writing, and retain the notice and orders in the tenant’s file.

Military orders and related documentation should be treated as confidential records.

When Does the Lease Terminate?

For a residential lease requiring monthly rent, the termination generally becomes effective 30 days after the next rent payment is due following proper notice.

For example, assume:

Rent is due on the first of each month;
The tenant provides proper notice on June 15; and
The next rent payment becomes due July 1.

The termination would generally become effective approximately 30 days later, at the end of July.

The exact date can depend on the lease, the date notice was delivered, the type of military orders, and the law under which the tenant qualifies. Every request should therefore be calculated and documented individually.

What Can the Landlord Still Charge?

Military termination rights do not erase legitimate obligations that arose before the effective termination date.

A tenant may still be responsible for:

Rent through the lawful termination date;
Unpaid utilities;
Other lawful amounts already due;
Damage beyond ordinary wear and tear;
Missing keys, remotes, or other property; and
Permitted cleaning or restoration charges.

A landlord should not charge:

An early termination fee;
A lease-break penalty;
Liquidated damages;
Future rent after the effective termination date; or
An administrative charge imposed because the tenant exercised SCRA rights.

Charges for damage should be supported by inspection reports, photographs, invoices, estimates, and other documentation. They should be separated from the military termination itself.

Has Your Tenant Submitted PCS or Deployment Orders?

A military termination request involves more than accepting keys and selecting a move-out date. The owner must correctly calculate the lease termination date, stop future rent charges, document the property condition, handle utilities, process the security deposit, and prepare the home for remarketing.

Coastal Group reviews military termination requests under both the SCRA and Virginia law and coordinates the complete transition for the property owner.

We can help you determine the next practical step without treating a protected military termination as an ordinary lease break.

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How Should the Security Deposit Be Handled?

A military lease termination does not eliminate the normal Virginia security-deposit process.

The landlord or property manager should:

Complete the move-out inspection;
Document property condition;
Distinguish tenant damage from ordinary wear and tear;
Prepare an itemized statement of lawful deductions;
Return the remaining deposit within the time required by Virginia law; and
Send the statement and refund to the tenant’s forwarding address.

The tenant should not lose the security deposit merely because the lease ended under the SCRA or VRLTA.

Does the SCRA Affect Evictions?

Yes. The SCRA covers more than lease terminations.

A landlord generally cannot evict a protected servicemember or dependent from a residence during military service without a court order. A court may also delay certain proceedings when military duties materially affect the servicemember’s ability to appear or defend the case.

Before filing an unlawful detainer action or requesting a default judgment, a landlord and attorney should determine whether a tenant or other defendant may be in active military service.

Property managers should never assume that a tenant’s military status is irrelevant merely because the issue involves unpaid rent rather than a PCS move.

Our Property Management Procedure

At Coastal Group Inc. Realtors, military termination requests are treated as compliance matters rather than ordinary lease breaks.

Our general procedure is to:

Obtain the written request and supporting documentation;
Review eligibility under both the SCRA and Virginia law;
Avoid applying mileage restrictions that conflict with federal law;
Confirm receipt of the request;
Calculate and document the proper termination date;
Stop future rent charges as of that date;
Coordinate possession, keys, utilities, and the move-out inspection;
Document property damage separately from the military termination;
Process the security deposit under Virginia law; and
Maintain a clear record for the tenant and property owner.

This protects the servicemember while also protecting the owner from unnecessary disputes, incorrect charges, and compliance problems.

Why Proper Handling Matters in Hampton Roads

Hampton Roads is one of the nation’s largest military communities. Military owners and tenants regularly move between Naval Station Norfolk, NAS Oceana, Joint Expeditionary Base Little Creek–Fort Story, Portsmouth Naval Medical Center, Coast Guard facilities, Langley Air Force Base, and duty stations outside Virginia.

Military lease terminations are therefore not unusual exceptions. They are a normal part of managing rental homes in this region.

An improperly handled request can result in:

Refunds of improper charges;
Tenant disputes;
Attorney expenses;
Federal investigations;
Civil penalties;
Required staff training;
Damage to the owner’s reputation; and
Delays in preparing and remarketing the property.

Experienced management helps owners handle these transitions promptly while maintaining accurate documentation and respectful communication.

Learn more about our approach to full-service property management in Hampton Roads, including leasing, rent collection, maintenance coordination, inspections, owner reporting, and legal-compliance procedures.

Frequently Asked Questions

Can a servicemember terminate a Virginia lease after receiving PCS orders?

Yes. A qualifying servicemember may terminate a residential lease after receiving PCS orders when the tenant follows the notice and documentation requirements of the SCRA or Virginia Code § 55.1-1235.

Does the new duty station have to be more than 35 miles away?

No mileage restriction applies to a qualifying termination under the federal SCRA. The Department of Justice has specifically stated that the SCRA does not impose a mileage limitation.

Can the landlord charge a lease-break fee?

A landlord generally may not charge an early termination fee, accelerated rent, liquidated damages, or rent beyond the legally effective termination date when the tenant properly terminates under the SCRA.

Is the tenant still responsible for damage?

Yes. The tenant remains responsible for properly documented damage beyond ordinary wear and tear and for other lawful charges unrelated to the military termination.

Does the servicemember have to provide military orders?

The tenant will ordinarily provide a copy of the orders or another qualifying military verification, such as a signed letter from the commanding officer.

Can military orders be submitted by email?

Federal law permits electronic delivery of a termination notice and supporting documentation through email or another communication method designated by the landlord.

What if the tenant’s spouse signed the lease?

Some SCRA protections extend to dependents and joint lease obligations. The lease, military status, orders, and applicable SCRA provisions should be reviewed before making a decision.

Can a landlord refuse the request because the property cannot be re-rented quickly?

No. The owner’s ability to find a replacement tenant does not determine whether a servicemember qualifies for termination under federal or Virginia law.

Does a military tenant automatically receive the entire security deposit?

Not automatically. The landlord may make lawful, documented deductions for unpaid obligations or damage beyond ordinary wear and tear. No deduction should be imposed simply because the lease ended under military protections.

Managing a Virginia Rental While You Are Stationed Elsewhere

Many military homeowners keep their Hampton Roads property because they expect to return, want to preserve a favorable mortgage, or believe long-term ownership may be financially beneficial.

The challenge is managing the property responsibly from another state or overseas.

Coastal Group Inc. Realtors provides local, broker-led property management throughout Virginia Beach, Norfolk, Chesapeake, and surrounding Hampton Roads communities. We coordinate:

Rental pricing and marketing;
Tenant screening and lease preparation;
Rent collection and owner payments;
Maintenance and emergency response;
Move-in and move-out documentation;
Lease renewals and inspections;
VRLTA and SCRA compliance; and
Regular owner reporting while you are away.

Not every property should become a rental. We will review the property, expected rent, condition, ownership costs, local market, and your plans before recommending a direction.

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Call 757-233-9595 or email management@coastalgroupinc.com.

Coastal Group Inc. Realtors serves military and civilian property owners throughout Hampton Roads.
Our property review is for planning purposes and is not a formal appraisal or legal opinion.