.webp)
Fort Bliss is the second-largest Army installation in the country, and it drives a huge share of the rental demand across El Paso. Military tenants are often some of the most reliable renters in the market, backed by a steady housing allowance and a screening process most civilian applicants never go through. But renting to a servicemember comes with one legal wrinkle a lot of El Paso landlords don't think about until it's already an issue: the Servicemembers Civil Relief Act.
Key Takeaways
The Servicemembers Civil Relief Act (SCRA) lets active duty tenants end a lease early when they receive PCS orders or deployment orders of 90 days or more.
SCRA protection applies automatically, whether or not your lease includes a written military clause.
Landlords cannot charge early termination penalties when a tenant properly invokes SCRA rights.
A valid SCRA termination takes effect 30 days after the next rent due date following written notice, not the moment the notice arrives.
Fort Bliss's Housing Services Office offers lease review and landlord-tenant mediation, which is worth knowing about before a dispute ever comes up.
Why Fort Bliss Tenants Are a Strong Fit for El Paso Rentals
Fort Bliss covers roughly 1,700 square miles across El Paso County and southern New Mexico, and it brings a constant flow of active duty families into the local rental market. Basic Allowance for Housing gives these tenants a predictable, government-backed source of rent money, and most incoming soldiers go through additional vetting before they're even permitted to look for off-post housing. That reliability is exactly why Fort Bliss shows up on our list of service areas, and why so many of our owners have properties leased to military families year after year.
Understanding the Servicemembers Civil Relief Act
The Servicemembers Civil Relief Act, codified at 50 U.S.C. § 3955, gives active duty tenants the right to terminate a residential lease early under specific circumstances. It's a federal law, so it applies to every lease in El Paso regardless of what your rental agreement says, and it exists specifically because military orders don't wait for a lease term to expire.
When a Tenant Can Terminate a Lease Early
A tenant can invoke SCRA protection if they enter active duty after signing the lease, receive permanent change of station (PCS) orders, or receive deployment orders lasting 90 days or longer. To use this right, the tenant delivers written notice of termination along with a copy of their military orders, whether that's an official order or a signed letter from their commanding officer. Once delivered, the lease terminates 30 days after the next date rent is due, not the day the notice arrives. If rent is due on the first of the month and a tenant delivers notice on the 12th, the lease would terminate 30 days after the following first of the month.
What Landlords Cannot Do
This is where owners run into avoidable trouble. You cannot charge an early termination fee, withhold the security deposit specifically because the lease ended early under SCRA, or refuse the termination because your lease never included a written military clause. The protection exists independently of your paperwork. You're entitled to unpaid rent through the termination date and to the cost of repairing damage beyond normal wear and tear, but that's the extent of what can be collected.
Handling Notice and Move-Out the Right Way
When an SCRA termination notice comes in, the smoothest path is to treat it like any other properly noticed move-out: schedule a walkthrough, document the unit's condition, and process the security deposit on Texas's standard timeline rather than trying to hold it as leverage. Refusing to acknowledge a valid SCRA notice or attempting to enforce the remaining lease term against a departing servicemember can expose an owner to real legal risk, since SCRA violations can be pursued through civil suit and, in some cases, federal enforcement action.
Fort Bliss's own Housing Services Office offers lease review and landlord-tenant mediation for exactly these situations, which can be a useful resource if a dispute starts to escalate. Keeping a documented process ready for these notices, what paperwork to request, how to calculate the termination date, and how quickly to return the deposit, saves a lot of back and forth when orders come through with little warning, which they often do.
Building Lease Terms That Work With Military Life
None of this means military tenants are a risk to avoid. It means the lease and the budget behind it should account for the possibility of an early, legally protected termination. A few practical steps make a real difference:
Include a military clause in the lease anyway. It won't expand or limit SCRA rights, but it sets clear expectations for both sides from day one.
Keep a modest vacancy reserve for properties rented primarily to Fort Bliss tenants, since PCS timing is often outside anyone's control.
Price rent competitively against current BAH rates for the tenant's rank and dependent status, since El Paso's BAH figures are published annually and are easy to check before setting a rate.
Owners weighing whether a military tenant base fits their portfolio can find more on lease terms and turnover expectations in our owner resources.
FAQ
Does the SCRA apply even if my lease doesn't mention military tenants?
Yes. SCRA protections apply automatically to any qualifying servicemember, regardless of whether the lease includes a written military clause.
Can I charge a fee if a Fort Bliss tenant terminates their lease early under the SCRA?
No. Early termination fees and penalties aren't allowed when a tenant properly invokes SCRA rights with valid notice and orders.
How much notice does a tenant have to give before their lease ends?
The lease terminates 30 days after the next rent due date following delivery of written notice and a copy of the tenant's military orders, not immediately upon delivery.
What can I still collect from a tenant who terminates under the SCRA?
Rent owed through the termination date and the cost of repairing damage beyond normal wear and tear, but nothing beyond that.
Turning Fort Bliss Rentals Into a Reliable Income Stream
Renting near Fort Bliss gives El Paso owners access to some of the steadiest tenants in the local market, as long as the legal side is handled correctly from day one. Understanding when the SCRA applies, what it requires, and what it doesn't allow protects both your property and your standing as a landlord. If you'd like help managing a property with military tenants or want a second opinion on a lease that's already in place, reach out to our team to talk through your options.