What is the SCRA rent limit for 2026?

The Department of Defense set it at $10,542.60 a month, effective January 1, 2026. Housing with monthly rent at or below that amount is covered by the eviction protection.

Do I need an SCRA affidavit if the tenant is not in the military?

Yes, before a default judgment. The affidavit states whether the tenant is in military service, so it is filed whatever the answer is.

Military Tenants, Unpaid Rent and the SCRA

You can still collect and go to court, but you cannot evict a servicemember or their family without a court order when the rent is at or below the federal ceiling, which is $10,542.60 a month for 2026. The court can pause the case for 90 days if military service affects the tenant's ability to pay, and before any default judgment you must file an affidavit saying whether the tenant is in military service.

Is the unit covered? The 2026 rent ceiling

The Servicemembers Civil Relief Act protects servicemembers and their dependents in housing whose monthly rent does not exceed a ceiling that rises each year with housing inflation from a starting point of $2,400. The Department of Defense published the 2026 figure in the Federal Register: $10,542.60 a month, effective January 1, 2026 (91 FR, March 10, 2026).

Example a made-up 24 unit building's highest rent is $2,350. Every unit is far below $10,542.60, so any military tenant in the building, or their spouse or children living there, is covered by the eviction protection in 50 U.S.C. 3951.

For almost every apartment owner, the practical answer is that the protection applies. Lease termination rights for servicemembers with orders are a separate part of the law, covered in our post on tenants breaking a lease.

The three rules that change your process

1. A court order, every time

Section 3951(a) says a landlord may not evict a servicemember or their dependents during military service, or seize their belongings to cover rent (distress), except by court order. Knowingly doing so is a federal misdemeanor punishable by a fine, up to one year in prison, or both (3951(c)).

2. The court can pause the case

If military service materially affects the tenant's ability to pay and the tenant asks, the court may stay the case for 90 days, unless justice calls for a different period, or adjust the lease obligation to protect both sides (3951(b)).

3. An affidavit before any default judgment

If the tenant does not appear, 50 U.S.C. 3931 requires you to file an affidavit stating whether the tenant is in military service before the court enters judgment. If they appear to be, the court must appoint an attorney for them first, and a stay of at least 90 days is required in some cases. A knowingly false affidavit is also punishable by a fine, up to one year in prison, or both.

A timeline for a covered tenant

Example a made-up tenant on active duty owes $1,850 for March. March 2 to 5: the owner calls and emails, and learns the tenant's pay was delayed by a transfer. March 6: the owner serves the state's pay or quit notice and offers a two-payment plan. March 20: the notice period ends with $925 paid. March 24: the owner files in court and, in the affidavit, states that the tenant is in military service. April: the tenant asks for a stay and the court pauses the case for 90 days. During the stay the owner keeps the services on, keeps charging rent as the lease allows, and records every payment. By the end of the stay the tenant has paid the balance, and the case is dismissed.

The order of steps follows your state's eviction process; the SCRA adds the affidavit, the possible stay and the absolute bar on removing the tenant without a court order. Our post on the pay or quit notice covers the state notices.

Checklist before you file

Check military status for every tenant you file against, not only those you think serve. The Department of Defense runs an SCRA status website at scra.dmdc.osd.mil.
Keep the status result with the case file, dated close to the filing.
Write the affidavit truthfully, including when you could not find out.
Never change locks, remove belongings or shut off utilities, for any tenant.
Keep talking: a payment plan often settles the arrears faster than a stayed case.

How DoorKeeping helps with the paperwork

DoorKeeping keeps each tenant's ledger, every payment matched from your bank feed, and the signed lease in one place per property, which is the record a court asks for. Late fees stay within your state's cap, and any legal step waits for your one-tap approval. DoorKeeping does not check military status or file cases, and it gives no legal advice; use the government site and your attorney for those. It costs $2 per unit per month.

Sources

Federal Register, Notice of Publication of Housing Price Inflation Adjustment (SCRA), March 10, 2026, read Oct 30, 2026
50 U.S.C. 3951, evictions and distress, read Oct 30, 2026
50 U.S.C. 3931, protection in cases where the servicemember does not appear, read Oct 30, 2026

Questions

What is the SCRA rent limit for 2026?: The Department of Defense set it at $10,542.60 a month, effective January 1, 2026. Housing with monthly rent at or below that amount is covered by the eviction protection.
Can I evict a servicemember for unpaid rent?: Only by court order. The court may also pause the case for 90 days if military service affects the tenant's ability to pay, or adjust what is owed.
Do I need an SCRA affidavit if the tenant is not in the military?: Yes, before a default judgment. The affidavit states whether the tenant is in military service, so it is filed whatever the answer is.