Under federal law, often yes: military status is not one of the seven classes the Fair Housing Act protects. California and Washington protect it by name, and California bars even asking. Everywhere in the US, the Servicemembers Civil Relief Act lets a tenant who gets orders end the lease early. Plan for that instead of screening it out. This is information, not legal advice.
Is military status protected under the Fair Housing Act?
No. The Fair Housing Act, 42 U.S.C. 3604, covers race, color, religion, sex, familial status, national origin and disability. Military service and veteran status are not on that list, so no federal statute stops a private landlord from preferring a civilian applicant.
That does not make a "no military" rule safe. It can still run into the classes that are on the list. A rule that turns away a service family can touch familial status, and a refusal of a voucher held by a veteran can break a state source of income law, as our post on Section 8 vouchers explains.
The group is large. The Census Bureau counted 15.7 million veterans in the United States in 2024, 5.9% of civilian adults, before counting anyone still serving.
Which states protect military and veteran tenants?
California and Washington are the clearest.
- California Government Code 12955 makes it unlawful for a housing owner to discriminate because of "veteran or military status," and separately bars any written or oral inquiry about it. A HUD-VASH voucher for veterans counts as source of income, so refusing it is a second violation.
- Washington's RCW 49.60.222 makes it an unfair practice to refuse to rent because of "honorably discharged veteran or military status," or to use an application form or inquiry that signals that limit.
Other states and cities have their own rules, so check where each unit sits. Canada's provincial human rights codes, including BC's section 10, do not list military status, and the SCRA below is US law only.
Can a military tenant break a lease early?
Yes, under federal law. The Servicemembers Civil Relief Act, 50 U.S.C. 3955, lets a tenant end a residential lease after entering service, or after getting orders for a permanent change of station or a deployment of at least 90 days. The rules a property manager needs:
- The tenant gives written notice and a copy of the orders. Email to an address you designated counts.
- For a monthly lease, it ends 30 days after the next rent due date following the notice.
- You may not charge an early termination fee. Unpaid rent and excess wear are still owed.
- Rent paid in advance past the end date is refunded within 30 days.
- Holding a deposit or belongings to force rent after the end date is a federal misdemeanor.
This is why many owners fear military applicants. The risk is real but bounded, and it is cheaper to plan for than to screen out. Our post on when a tenant breaks a lease covers re-renting fast.
What should a property manager do instead?
Write it into the process, not the screening. Remove any "military" or "branch of service" field from the application in California and Washington. Add an SCRA clause to the lease so both sides know the rule. Accept a VASH voucher like any other income. And when orders come, start marketing the unit the day the notice lands, since you know the end date 30 days or more out.
Where does this go wrong in practice?
In the first reply. A prospect texts "I'm stationed at the base for two years, is that OK?" and one agent says "we prefer longer-term tenants." In California that answer is a written inquiry into military status, and it is now in a text thread. The fix is the same answer for everyone, built from your written screening criteria.
LetHub is AI leasing software for property managers: it answers rental inquiries by text, chat, email and phone in about 30 seconds, day and night, qualifies renters, books tours and runs ID-verified self-showings, answering every prospect from the criteria you wrote. Book a demo to see it on your listings.
Military tenants and rentals: FAQ
Can a landlord ask if I am in the military?
In California, no: Government Code 12955 bars any written or oral inquiry about veteran or military status. In Washington, an application form or inquiry signaling a limit is an unfair practice. Elsewhere it is legal, but the answer has little lawful use beyond the SCRA clause.
Does the SCRA apply to a lease signed before enlisting?
Yes. The statute covers a lease signed by someone who later enters military service, as well as one signed while serving who then gets permanent change of station or 90-day deployment orders.
Can a landlord charge a fee when a military tenant leaves early?
No early termination charge is allowed under the SCRA. The tenant still owes prorated rent up to the end date and any reasonable charges for excess wear under the lease.
