How Many Days Of Eviction Protection Does SCRA Give?

The Servicemembers Civil Relief Act (SCRA) explicitly bars a landlord from evicting a servicemember or an eligible family member for failure to pay rent during the servicemember's active duty period plus an additional 90 days, as set out in 50 U.S.C. § 531SCRA eviction protection statute.

Imagine an infantryman deployed to Afghanistan who falls behind on rent because his base paycheck is delayed. The landlord files an eviction notice. Under SCRA, the court must dismiss the action unless the landlord proves a hardship that outweighs the servicemember's interest, even if the landlord raised rent during deployment. A Navy spouse who receives the rent bill after a rent increase cannot be forced out for the higher amount; the landlord would need a court order showing extraordinary hardship.

Conversely, a civilian tenant with the same arrears faces eviction without such a safeguard. These scenarios illustrate how SCRA's 90‑day extension and hardship standard keep military families housed while service continues.

Active‑duty servicemembers - including Reserve and National Guard members on qualifying written orders - and any dependents who share the lease, generally qualify for SCRA eviction protection. Courts may extend that protection up to 90 days after discharge if hardship is shown (see 'what happens post‑service eviction‑wise?').

• Service member receiving formal written active‑duty orders (mobilization, deployment, or training) that commence at any time during service.
• Reservist or Guard member activated under Title 10 or Title 32 orders, whether for a single day or an extended tour.
• Spouse, minor child, or other dependent listed on the lease and residing with the servicemember.
• Service member called back to duty on a written order issued within 30 days of a prior release, covering short‑term activations.
• Courts may grant a stay of eviction proceedings for up to 90 days post‑service when the tenant demonstrates financial hardship (refer to 'calculate your SCRA protection days' for timeline details).

The SCRA eviction protection covers every day of active duty and then adds a 90‑day grace period after each discharge.

1. Pull your DD‑214, orders, or any paperwork that shows the exact start and end dates of each deployment.
2. Count the days between each start and stop date; include weekends and holidays because the Act treats every calendar day as a protected day.
3. For every deployment, tack on an extra 90 days after the final discharge date.
4. Add together all active‑duty days and all 90‑day extensions to get the total number of days your lease is protected.

Example: Two tours - first 180 days, second 365 days - yield 545 active‑duty days. Two discharges mean 2 × 90 = 180 extra days. 545 + 180 = 725 days of SCRA eviction protection.

For authoritative details, see the official SCRA guidance.

The Servicemembers Civil Relief Act (SCRA) generally protects a spouse or child when the lease was signed while the service member was on active duty and the dependent actually lives in the unit, regardless of whose name appears on the contract. Protection covers the entire period of active service and, if a court grants a stay, can extend up to 90 days after the service member's discharge.

To invoke the benefit, the dependent (or the service member on the dependent's behalf) must notify the landlord of the service‑member status and file a motion for a stay of eviction in the appropriate court; the landlord must then await the court's order before proceeding.

A granted stay pauses any eviction action for the remainder of the service period and, at the court's discretion, for an additional 90 days post‑service. For official guidance, see the DOJ's SCRA overview.

Overseas deployment doesn't pause a landlord's right to start eviction; the SCRA steps in only after the tenant receives the statutory written notice (usually 30 days) and files a written request for a stay, which can halt the process for up to 90 days. Without that request, the court may grant summary judgment and the eviction proceeds despite active‑duty status.

State courts cannot bypass the 90‑day stay, even if local timelines run faster. Proof of active duty and the overseas location must accompany the stay request, or the protection collapses.

• Missed or delayed notice lets the landlord file before the service member can act.
• Failure to submit the stay request within the notice period eliminates SCRA protection.
• Inadequate documentation of overseas duty invites challenges from the landlord.
• Some states attempt accelerated eviction filings, but the SCRA's 90‑day stay remains controlling.
• Landlords may attempt summary judgment; the stay blocks that motion while in effect.

For the exact filing procedure, consult the Servicemembers Civil Relief Act guidelines.

Weekend warriors receive SCRA eviction protection for the full length of their active‑duty orders plus an extra 90 days (see Servicemembers Civil Relief Act eviction protection guidelines). If annual training spans 14 days, the protection stretches to about 104 days.

Add the exact number of days on the activation order to the fixed 90‑day buffer to determine the total shield, as we covered earlier in 'calculate your SCRA protection days.' Submit a copy of the order or DD 214 to the landlord within five business days and retain a duplicate. The 90‑day cushion continues even if the active duty ends sooner.

When the protection period begins, file a formal SCRA notice with the landlord to suspend any eviction action. The next section explains how to draft that notice and anticipate the landlord's reply. Legal assistance offices can audit the paperwork and step in if the landlord refuses to comply.

To claim SCRA eviction protection, submit an affidavit or declaration to the court handling the landlord's eviction action. The filing must state active military service, reference the Servicemembers Civil Relief Act, and request a stay of the proceeding.

The process generally follows these steps:

• Locate the eviction case number and court address on the summons or online docket.
• Prepare a signed affidavit (or declaration) that includes service dates, unit, and a copy of the military orders.
• Attach the lease if it is not already cited in the complaint; the lease strengthens the claim but isn't always required.
• File the affidavit with the clerk before the court's response deadline, which typically ranges from 20 to 30 days but varies by jurisdiction - verify local rules to avoid miss‑steps.
• Serve a copy on the landlord or their attorney, then request a hearing if the judge does not automatically stay the case.

After filing, the judge will either halt the eviction for the duration of service plus 90 days or set a hearing to review the request (as we covered above). The next section explores common pitfalls that can undermine this protection.

The five most common pitfalls that derail SCRA eviction protection are:

• Assuming the 90‑day stay applies only after discharge. Courts can grant the stay while the servicemember is still on active duty if rent payment is materially affected, as outlined in U.S. Code § 3951 (90‑day eviction stay) (as we covered above).
• Believing SCRA sets a strict deadline for filing the stay. No statutory notice deadline exists; postponing action lets the landlord proceed unchecked, so file promptly once an eviction case starts.
• Submitting only a DD‑214 as proof. Judges require current active‑duty orders showing ongoing service; a discharge certificate does not satisfy the evidentiary standard for the motion.
• Thinking state landlord‑tenant laws override SCRA. State provisions may add benefits but cannot diminish the federal eviction stay; ignoring them merely sacrifices extra safeguards, not the core right.
• Forgetting to attach the proof of service to the motion. Without the orders attached, the court dismisses the request, sending the tenant back into the eviction process.

SCRA eviction protection stops the instant a servicemember's active duty ends, so the previously calculated service‑plus‑90‑day window is the final shield. No automatic extension follows, even if the lease runs longer than that date.

Consequently, the tenant must rely on state eviction laws, negotiate with the landlord, or seek legal counsel to request a stay or payment plan. Many states impose their own notice periods, and a judge may grant relief if hardship is demonstrated. For detailed guidance, see the Department of Justice SCRA resource page.

stay of eviction proceedings for up to 90 days after the servicemember receives written notice of the action; landlords must pause court filings during that window (U.S. Department of Justice SCRA overview).

State statutes can layer additional rights onto that baseline. California's Military Tenant Protection Act lets a servicemember end a lease with at least 30 days' written notice (60 days for month‑to‑month tenancies) and does not create a separate stay, so the SCRA's 90‑day pause still governs (California Military Tenant Protection Act). If a state offers a longer protection period, the longer rule supersedes the federal stay, ensuring the tenant benefits from the most generous applicable timeline.