PCS Orders and Virginia Leases: What Rental Property Owners Should Know
- Coastal Group Inc
- Jul 15
- 4 min read
Military relocations are a regular part of rental-property management in Virginia Beach, Norfolk, Chesapeake, and throughout Hampton Roads.
When a servicemember receives permanent change of station orders, commonly called PCS orders, the move may create a legal right to terminate a residential lease. Virginia landlords and property managers must evaluate these requests under both the federal Servicemembers Civil Relief Act and the Virginia Residential Landlord and Tenant Act.
What Is the SCRA?
The Servicemembers Civil Relief Act, or SCRA, is a federal law providing certain legal and financial protections to active-duty servicemembers.
Among its housing protections, the SCRA may allow a servicemember to terminate a residential lease after:
Entering active military service;
Receiving permanent change of station orders;
Receiving deployment orders for at least 90 days; or
Receiving qualifying separation or retirement orders.
The servicemember must normally provide written notice and a copy of the military orders or a qualifying letter from the commanding officer.
For a residential lease with rent due monthly, the lease generally terminates 30 days after the next rent payment becomes due following proper notice.
How Does Virginia Law Apply?
Virginia has a separate military lease termination provision under Virginia Code § 55.1-1235.
Virginia law may permit qualifying military personnel to terminate a rental agreement after receiving:
PCS orders;
Temporary-duty orders lasting more than three months;
Orders releasing or discharging the tenant from active duty;
Orders to occupy government-supplied housing resulting in the loss of a housing allowance; or
Certain emergency stop-movement orders.
The tenant must provide written notice and appropriate military documentation. The termination date must generally be at least 30 days after the next rent payment becomes due.
Because the SCRA is federal law, it controls when it provides broader protection than a state statute or lease provision.
A PCS Termination Does Not Require a Minimum Moving Distance
One particularly important point is that the federal SCRA does not require the servicemember’s new duty station to be a minimum number of miles from the rental property.
In a Hampton Roads enforcement matter, the U.S. Department of Justice challenged the denial of a PCS lease termination based on a 35-mile requirement. The Justice Department stated that the SCRA contains no such mileage limitation.
Landlords should therefore avoid denying an otherwise qualifying request merely because the new duty station is considered close to the rental home.
The Justice Department’s SCRA enforcement announcement provides additional information about that case.
What May the Landlord Still Charge?
A valid military termination does not eliminate obligations that arose before the effective termination date.
The tenant may still be responsible for:
Rent through the lawful termination date;
Unpaid utilities or other authorized charges;
Missing keys or remotes;
Cleaning permitted under the lease; and
Documented property damage beyond ordinary wear and tear.
However, a landlord generally should not impose:
An early termination fee;
A lease-break penalty;
Liquidated damages;
Accelerated rent; or
Rent covering a period after the lawful termination date.
The tenant’s security deposit should be processed under the normal requirements of the Virginia Residential Landlord and Tenant Act. Any deductions should be based on documented obligations or property damage—not on the tenant’s decision to exercise military termination rights.
Why Documentation Is Important
Military lease terminations often occur quickly. The property manager must coordinate the legal termination date, rent charges, utilities, possession, keys, inspections, security-deposit accounting, and preparation of the property for a new tenant.
A consistent procedure should include:
Obtaining the written termination request and military documentation;
Confirming receipt of the request;
Reviewing the request under both federal and Virginia law;
Calculating and confirming the termination date in writing;
Stopping future rent charges as of the proper date;
Coordinating the move-out inspection and return of possession; and
Documenting any legitimate tenant charges separately.
Careful records protect both the servicemember and the rental-property owner.
Military Moves Are Part of Hampton Roads Property Management
Hampton Roads includes one of the largest concentrations of military personnel in the country. PCS moves involving Naval Station Norfolk, NAS Oceana, Joint Expeditionary Base Little Creek–Fort Story, Coast Guard facilities, Portsmouth Naval Medical Center, and other installations are a normal part of the local rental market.
Owners should use lease forms, procedures, and property-management practices that recognize these federal and Virginia protections.
For a more detailed explanation of notice requirements, termination dates, security deposits, prohibited fees, evictions, and our management procedures, read our complete guide:
Professional Property Management for Hampton Roads Owners
Coastal Group Inc. Realtors provides full-service rental-property management in Virginia Beach, Norfolk, Chesapeake, and surrounding Hampton Roads communities.
Our services include:
Rental marketing and leasing;
Rent collection;
Maintenance coordination;
Property inspections;
Lease renewals;
Owner reporting; and
Military and PCS move coordination.
Owners can also learn more about property management fees and included services or review answers to common rental-property owner questions.
To discuss management of your Hampton Roads rental property, visit Coastal Group Inc. Realtors or call 757-233-9595.
This article provides general educational information and is not legal advice. Military orders, lease terms, and individual circumstances vary. Owners and tenants should consult a qualified Virginia attorney or military legal-assistance office regarding a specific situation.
