PCS Orders in Delaware? Your Options for the House You Are Leaving

If you rent: your SCRA lease rights

Servicemembers who rent can break a lease for a permanent change of station or a deployment of 90 days or more. Under 50 U.S.C. §3955:

• Give your landlord written notice with a copy of your orders.
• For a lease with monthly rent, termination takes effect 30 days after the next rent due date following your notice.
• The landlord cannot charge an early termination fee.
• Rent you paid in advance must be refunded within 30 days.

Keep a copy of what you sent and how you sent it, such as certified mail with a return receipt, so you can prove the date if the landlord disputes it later. If you are at Dover Air Force Base, the Military Housing Office at 1069 High Street, Dover AFB (302-677-6969) can help with housing questions.

If you own: sell, rent, or hand off the loan

Homeowners with PCS orders usually weigh three paths. Each fits a different situation.

VA loan assumption, explained

VA loans are assumable, which can make your house more attractive when your interest rate is lower than today's rates. Per VA Circular 26-23-10:

• A non-veteran can assume your VA loan, but the loan servicer must approve the buyer's credit.
• If the buyer is not a veteran who substitutes their own entitlement, your entitlement stays tied to that loan. That can limit how much you can borrow with a VA loan for your next home.
• The assumption carries a funding fee of 0.5%.

If you plan to buy again with a VA loan soon, ask your servicer and a VA-savvy lender how an assumption would affect you before you agree to one. Assumptions also take time, since the servicer has to review the buyer, so they may not fit a short PCS window. If the buyer is a fellow veteran willing to substitute entitlement, the picture improves a lot for you.

Renting your house out from afar

Keeping the house as a rental can make sense, but go in with eyes open. You will be a Delaware landlord bound by the Residential Landlord-Tenant Code, even from another state or overseas.

• Your lease continues if you later sell; a sale does not end it.
• In Wilmington, owners outside New Castle County must use a licensed property manager, and rentals need an annual license.
• Budget for vacancy, repairs, and management fees, not just the mortgage.
• If your tenant is also in the military, their SCRA rights apply to your lease too, including eviction protections for rent up to $10,542.60 a month in 2026 (§3951).

Also think about taxes. The home sale exclusion is generally tied to living in the home 24 of the last 60 months, and renting it out can change your position. Federal rules have special provisions for service members, so ask a tax professional. Our guide on capital gains in Delaware covers the basics.

A simple PCS house checklist

Orders often give you less time than you would like. Working through the house early keeps options open.

1. As soon as you have orders: get a payoff statement from your servicer and a rough value for the house.
2. Decide the path: sell, rent, or assumption. If renting, price out a property manager before you commit.
3. Handle paperwork early: set up any power of attorney and confirm your title company will accept it.
4. Plan for the empty house: if you leave before closing, check your insurance for vacancy limits and arrange for someone to check on the house.
5. Keep copies: orders, lease notices, and closing documents in one folder you can reach from anywhere.

If the house may sit empty for a while, read selling a vacant house for the risks.

Closing when you have already left

You do not have to be in Delaware to sell. Many sales close with the seller elsewhere. Common approaches include:

1. Mail-away closing: the settlement attorney sends documents for you to sign in front of a notary where you are.
2. Power of attorney: a trusted person signs for you. Title companies usually need to approve the POA form in advance, so set it up before you leave.
3. Coordinating with base legal: your installation's legal office can often help with notarizing and POAs.

Ask your title company early which method they accept. Our closing timeline guide shows what happens and when.

If you are behind on the mortgage

PCS moves can squeeze a budget. If you took out your mortgage before entering service, the SCRA (§3953) makes a foreclosure sale during service, or within 1 year after, invalid without a court order or your waiver. That protection has limits, so read the fine print and talk to your base legal office. Delaware also has its own foreclosure protections; see avoiding foreclosure in Delaware.

How Silverside Home Buyers can help

We buy houses near Dover AFB and across Delaware, and we can work around report dates and remote signings. See our Dover and Smyrna pages for local details.

• A cash offer with a closing date that matches your orders.
• Cash + rent-back if you need to stay until your move date.
• Mortgage takeover in some cases. With a VA loan, a takeover keeps your VA entitlement tied to this house until the loan is paid off, and the lender's due-on-sale clause still applies.

A cash price is below what an open-market sale might bring. If you have time to list, that may net more. Call (302) 798-8655.

General information, not legal or tax advice.

Frequently asked questions

Sources

• 50 U.S.C. §3955 (SCRA lease termination)
• VA Circular 26-23-10 (loan assumptions)

General information, not legal, tax, or financial advice. Laws, fees, and schedules change. Confirm with the office named or your attorney.