SCRA and § 92.017: Texas Military Tenant Protections for Landlords

Two parallel legal frameworks protect military tenants in Texas: the federal Servicemembers Civil Relief Act (SCRA), codified at 50 U.S.C. § 3901 et seq., and Texas Property Code § 92.017. In DFW, SCRA work most commonly arises around the military presence at NAS Fort Worth Joint Reserve Base and Carswell Field in west Fort Worth, as well as servicemembers stationed elsewhere who maintain DFW-area rentals during active duty. Both protect servicemembers who must terminate a residential lease early because of military orders, and both impose limits on default judgments and other landlord remedies during active-duty service. Texas landlords renting to military families, defense contractors, or anyone affiliated with Fort Hood, Fort Sam Houston, Naval Air Station Corpus Christi, or other installations need to understand both frameworks. Compliance is required; non-compliance produces lease-violation claims, default-judgment vacaturs, and federal civil penalties. The discussion below addresses the intersection of SCRA and Texas law, the lease-termination process, the default protections, and the documentation that protects both landlord and tenant.

The two-framework structure

Texas military tenants have rights under both federal and state law:

• Federal SCRA (50 U.S.C. § 3901 et seq.). Provides nationwide protections for servicemembers in active military service, including lease termination rights, default judgment protections, and limits on certain landlord actions during military service.
• Texas Property Code § 92.017. Provides Texas-specific lease termination rights for military tenants, with provisions that complement and sometimes supplement the federal SCRA.

Most military lease-termination questions are governed by SCRA, with § 92.017 providing additional Texas-specific procedural details. The frameworks generally do not conflict but should be read together for any military-tenant situation.

SCRA lease termination: eligibility

Under SCRA § 3955, a servicemember can terminate a residential lease early if the servicemember:

• Enters military service after signing the lease; or
• Receives military orders for a permanent change of station (PCS); or
• Receives military orders to deploy with a unit for a period of at least 90 days; or
• Receives orders for a continuous military deployment of at least 90 days while already in service.

The protection covers the servicemember and dependents (typically spouse and children) listed on the lease.

The statute applies to active-duty members of the Army, Navy, Marine Corps, Air Force, Space Force, and Coast Guard, as well as members of the National Guard and Reserves on active duty. Civilian Department of Defense employees, contractors, and other federal employees do not qualify.

SCRA lease termination: procedure

To terminate a residential lease under SCRA, the servicemember must:

• Provide written notice to the landlord. The notice must state that the tenant is terminating the lease under SCRA, identify the tenant by name and rank, and state the basis (entry into service, PCS orders, deployment orders).
• Include a copy of the military orders, or a letter from the commanding officer confirming the orders. The landlord can request additional documentation.
• Pay rent prorated through the termination date. The lease terminates on the 30th day after the next rent due date following the notice date.
• Surrender the premises. Move out by the termination date.

Example. Tenant gives notice on March 15. The next rent due date is April 1. The lease terminates on May 1 (the 30th day after April 1). Tenant pays rent through May 1 and surrenders by that date.

The landlord cannot impose any penalty, fee, or charge for the early termination beyond accrued rent through the termination date.

SCRA default judgment protections

SCRA § 3931 protects servicemembers from default judgments. In any civil action where the defendant is a servicemember:

• The plaintiff must file an affidavit stating whether the defendant is in military service. If unable to determine, the affidavit must state that fact.
• If the defendant is in military service, the court must appoint an attorney to represent the defendant and may stay the proceedings.
• A servicemember against whom a default judgment is entered while in service can move to vacate the judgment within 90 days after release from service.

For Texas eviction cases, this means a landlord pursuing eviction against a tenant who is a servicemember must:

• Determine whether the tenant is in military service before requesting default judgment.
• Document the determination in the case file (DOD military-status verification, signed affidavit).
• Be prepared to defend the default if the servicemember moves to vacate within 90 days after release.

The Department of Defense maintains a publicly available database (DMDC SCRA Website at https://scra.dmdc.osd.mil/) where landlords can verify a tenant’s military status. Most landlords now run this verification before filing eviction.

SCRA interest rate cap

SCRA § 3937 caps the interest rate on pre-service debts at 6 percent during military service. This applies to:

• Mortgage interest.
• Credit card interest.
• Some other consumer credit obligations.

The cap typically does not apply to the rent itself (rent is not “interest”), but it can apply to certain late fees, finance charges on past-due rent, or similar interest-like charges. The analysis is fact-specific.

SCRA limits on certain landlord actions

SCRA § 3951 also limits certain other landlord actions during military service:

• Court orders directly affecting the servicemember (eviction, foreclosure, repossession) require special procedures, including the affidavit and potentially a stay.
• Default judgments are subject to the protections described above.
• The landlord cannot evict a servicemember from a residential rental unit (or that of the servicemember’s family) for non-payment of rent if the rent is below a statutory threshold ($10,542.60 in 2026, indexed annually) without obtaining a court order with specific findings.

Texas § 92.017 protections

Section 92.017 provides Texas-specific lease termination rights for military tenants. The provision generally tracks SCRA but with some differences:

• The Texas statute applies to military service of any branch and includes National Guard and Reserve activations.
• The notice procedure is similar to SCRA but with state-specific timing.
• The provision specifically addresses lease termination on permanent change of station, with documentation requirements similar to SCRA.

Texas courts have generally interpreted § 92.017 in harmony with SCRA. A tenant invoking either statute is typically entitled to the same practical relief: termination on roughly 30 days’ notice with no penalty.

A military tenant exercising rights under either statute should typically reference both statutes in the notice, ensuring full coverage of the federal and state protections.

Security deposit treatment

A military tenant who terminates the lease under SCRA or § 92.017 is entitled to the same security deposit treatment as any other terminating tenant:

• The deposit return is governed by § 92.103, within 30 days of surrender plus written forwarding address.
• Deductions for unpaid rent through the termination date are permissible.
• Deductions for damages beyond normal wear and tear are permissible.
• Deductions purporting to penalize the early termination are not permissible. The statutes prohibit any penalty for the early termination, and “early termination” deductions from the deposit fall within this prohibition.

The 30-day clock and bad-faith framework apply normally. A landlord who fails to return the deposit on time still faces the § 92.109 penalty.

What needs to be documented

A military-tenant file should contain:

• The tenant’s military orders or commanding officer’s letter (or copy provided as part of the termination notice).
• The termination notice from the tenant.
• The landlord’s response acknowledging receipt and confirming the termination date.
• The DOD military-status verification (if obtained).
• The deposit accounting and refund (or deduction calculation) at the termination date.
• Any communications about the timing of move-out, return of keys, etc.

This documentation is critical if any later dispute arises over the tenant’s rights or the landlord’s compliance.

Where landlords most often slip up

Imposing early-termination fees on military tenants. Both SCRA and § 92.017 prohibit penalties for the early termination. Charging an early-termination fee is a violation.

Refusing to acknowledge SCRA orders. Some landlords push back on the validity of orders or demand additional documentation beyond what the statute requires. The statute is clear; pushing back on valid orders exposes the landlord to liability.

Filing default judgment without DOD verification. SCRA’s affidavit requirement is mandatory. Default judgments without proper verification can be vacated up to 90 days after release from service.

Treating deployment as a default. Active-duty deployment is not a lease default; it’s a basis for lease termination under SCRA. Filing eviction against a deployed servicemember is a federal violation.

Confusing federal SCRA with state § 92.017. The two work together; a tenant invoking either is entitled to relief. Some landlords mistakenly believe state law somehow limits SCRA protections, but it does not.

Mishandling the deposit. SCRA’s “no penalty” rule applies to deposit deductions. Padding deductions to penalize the early termination triggers § 92.109 bad-faith claims.