California has a statute giving certain victims of abuse the right to terminate their existing lease without liability for payments due over the remaining lease term. Under Civil Code Section 1946.7, victims of abuse who have a restraining order, a police report, or documentation from a qualified third-party can break their leases because of the abuse, without owing additional rent for the remainder of the lease term. This law protects victims of:
• Domestic violence;
• Sexual assault;
• Stalking;
• Human trafficking;
• Elder abuse; or
• Dependent adult abuse.
The law also protects family members who live with the victim of abuse.
Purpose of the Law
Tenants who move before the lease ends are generally held responsible for rent that would be owed until the lease expires. When the requirements of Civil Code 1946.7 are met, the tenant, upon giving the landlord notice, is allowed to break the lease and move out without any obligation to pay the rent that would be owed for the remaining lease term.
Required Proof
Tenants must provide their landlord with one of the following to satisfy the requirements of Civil Code section 1946.7
• a copy of a restraining order or protective order;
• a police report showing that the tenant is the victim of domestic violence, sexual assault, stalking, human trafficking, or elder/ dependent adult abuse; or
• a signed document from a “qualified third party” indicating that the tenant or a family member is seeking assistance for physical or mental injuries or abuse resulting from a specified act.
“Qualified third party” includes a physician, psychiatrist, psychologist, registered nurse, licensed clinical social worker, licensed marriage and family therapist, licensed clinical counselor, a sexual assault counselor, domestic violence counselor, or human trafficking caseworker
Notice Requirement
Tenants can initiate the termination process by notifying the landlord that they have experienced one of the specified acts supporting relief under the statute. For the termination to be valid, the tenant must provide a written notice that includes evidence of the prohibited conduct. This formal communication sets the process in motion, allowing the tenant to end the tenancy under the provisions of Section 1946.7. The tenant must give at least 14 calendar days’ advance written notice before the lease can end.
Rent Payment Responsibility
The tenant is responsible for payment of rent for no more than 14 calendar days following the giving of the notice, or for any shorter period as described in Section 1946 or the lease or rental agreement. The tenant is thereafter released from any further rent payment obligation under the lease or rental agreement without penalty. If the premises are rented to another party prior to the end of the obligation to pay rent, the rent amount owed must be prorated.
Security Deposit and Advance Rent
The tenant’s right to any security deposit or advance rent due to the termination remains intact. The deposit must be treated the same way as if the tenant had moved out at the end of the lease. Accordingly, the landlord must return the deposit within 21 days the tenant leaves. The landlord can deduct money for unpaid rent, damages beyond ordinary wear and tear, and cleaning charges, provided the tenant is given advance notice of the deductions.
Roommates
Civil Code section 1946.7 does not confer any rights on a tenant who is not the victim or the victim’s family member who lives in the same household.
Lease Agreement Considerations
Terminating a rental agreement under this section does not constitute a breach of the lease or rental agreement for any purpose related to the termination.
Landlords should clearly understand the rights and obligations delineated in Civil Code Section 1946.7 when faced with a tenant claiming to be victimized by one of the acts specified in the statute. Please contact Lynx Legal with any questions regarding the above, or if you are ready to proceed with an eviction. We can be reached at 888-441-2355, or [email protected]. You can also schedule a telephonic consultation on our website to discuss your eviction issues.