Terminating Lease due to Domestic Violence

In California, tenants who are victims of domestic violence, sexual assault, stalking, human trafficking, elder abuse or dependent adult abuse have the right to terminate their lease early without penalty under certain conditions per California Civil Code § 1946.7. This code section exists to protect survivors of domestic violence, which can require them to urgently leave a dangerous living situation, even if the lease terms do not permit such an exit. 

Requirements for Tenant to Terminate

Under California Civil Code § 1946.7, a tenant may terminate a residential lease early, without financial penalty, if they or a household member are a victim of one of the following:

• Domestic violence (as defined in Fam. Code § 6211),
• Sexual assault (Pen. Code § 261 or § 289),
• Stalking (Pen. Code § 646.9),
• Human trafficking (Civ. Code § 1946.7(a)(3)(C)),
• Elder or dependent adult abuse (Welf. & Inst. Code § 15610.07).

Requirements for Early Termination

To legally break a lease under these protections, the tenant must provide the landlord with the following:

1. Written notice of intent to vacate: This must state that the tenant is terminating the tenancy due to being a victim of one of the qualifying type of behavior listed above.
2. Proof of victim status: The tenant must also provide the landlord with one of the following:

1. Minimum 14-day notice: The tenant is only responsible for paying rent for the 14 days following the written notice, even if the lease would otherwise run longer.

NOTE: The domestic violence does not have to be committed by a neighbor or roommate for a tenant to terminate a lease under California Civil Code § 1946.7.

Protection Against Retaliation or Disclosure

Landlords may not retaliate against a tenant for exercising their rights under Civil Code § 1946.7. Thus, if the landlord initiates an eviction against the tenant as a result of the tenant choosing to terminate their lease due to domestic violence, this would be considered illegal retaliation. Furthermore, any documentation provided to the landlord must be kept confidential, and may not be disclosed to others, except as required by law or with the tenant’s consent.

Limitations and Scope

This right applies to residential leases only, not commercial leases.

The tenant does not need to be the direct victim; protection also applies if a member of the tenant’s household is the victim. Thus, if a tenant’s daughter is the victim of domestic violence, the tenant can exercise their right to terminate their lease per Civil Code § 1946.7.

A victim’s roommate or co-tenant is not protected by this rule and does not qualify.

Steps for Tenants

1. Collect documentation (e.g., court order, police report, or Form DV-400).
2. Submit a written notice to the landlord with the required documentation.
3. Vacate within 14 days and pay any rent due during that period.