Domestic Violence Lease Termination in California: What Landlords Need to Know

Under California Civil Code §1946.7, a tenant who is a survivor of domestic violence, sexual assault, stalking, human trafficking, elder or dependent adult abuse, or certain violent crimes can end their lease early with 14 days' written notice. They owe rent for those 14 days, and nothing after. As the landlord, you can't charge an early termination penalty, and you must keep what they tell you confidential.

Here's what a valid notice looks like, what documentation you can ask for, and how to handle the rest of the tenancy.

Who Qualifies

A tenant can use §1946.7 if the tenant, a household member, or an immediate family member was the victim of:

• Domestic violence
• Sexual assault
• Stalking
• Human trafficking
• Abuse of an elder or dependent adult
• A crime that caused bodily injury or death
• A crime involving a firearm or other deadly weapon
• A crime involving the use or threat of force against the victim

The abuser doesn't have to be a roommate or a neighbor. The act can have happened anywhere.

What a Valid Notice Includes

The tenant must give you written notice that they're ending the tenancy, along with one of these forms of documentation:

1. A court order, such as a temporary restraining order, emergency protective order, or protective order, protecting the tenant or household member
2. A police report documenting the act
3. A statement from a qualified third party, such as a licensed medical or mental health professional, a domestic violence or sexual assault counselor, or a human trafficking caseworker, confirming the tenant told them about the act

Timing: the notice must be given within 180 days of when the court order was issued, the police report was made, or the act occurred.

You can't demand more proof than the law requires, and you can't require the tenant to name or describe the abuser beyond what's in the documentation.

Rent and Money After the Notice

• The tenant owes rent for no more than 14 calendar days after giving notice (or a shorter period if the lease allows).
• After that, they're released from further rent without penalty. No early termination fees, no liquidated damages.
• If you re-rent the unit before the 14 days are up, prorate the rent owed.
• The security deposit is handled like any other move-out: itemized statement, photos, and any refund within 21 days. You can't keep it because the lease ended early.

What About Other Tenants on the Lease?

If the tenant shares the unit with co-tenants, only the tenant who gave notice (and household members leaving with them) is released. Remaining co-tenants are still bound by the lease and still responsible for rent. You may want to discuss whether they can cover the full rent or whether to sign a new lease with the remaining occupants.

Lock Changes

Separate from ending the lease, a survivor who stays can ask you to change the locks.

• If the restrained person is not a tenant of the unit, you must change the locks within 24 hours of receiving a written request with a copy of the protective order or police report (Civil Code §1941.5).
• If the restrained person is a co-tenant and the order excludes them from the unit, special rules apply (Civil Code §1941.6). The restrained co-tenant can't use their tenancy to stop the lock change, and they remain liable for rent under the lease.
• If you don't change the locks in time, the tenant may change them and you may have to reimburse them.

Confidentiality and Anti-Retaliation

• Keep it confidential. Don't share information about the tenant's situation, their documentation, or their forwarding address with anyone who doesn't need it, and never with the abuser.
• Don't retaliate. You can't evict, refuse to rent, or treat a tenant worse because they're a survivor or used these rights. See California landlord retaliation law.
• Don't evict for the abuse itself. Civil Code §1161.3 generally bars evicting a tenant based on acts of violence against them or a household member.

How to Respond, Step by Step

1. Acknowledge the notice in writing and confirm the move-out date (at least 14 days out).
2. Check that one qualifying document is included and that it's within 180 days. Don't ask for more.
3. Store the documentation securely and limit who can see it.
4. Calculate final rent for the 14-day period only.
5. Schedule the move-out walkthrough and follow normal security deposit rules.
6. If there are co-tenants, talk with them in writing about the lease going forward.

Frequently Asked Questions

Can I charge an early termination fee?

No. Once the tenant gives valid notice, they're released from further rent and payment obligations without penalty.

Can I ask for details about what happened?

No. You can only require one qualifying document. You can't demand more evidence or details about the incident.

Does the victim have to be the tenant?

No. It also applies if a household member or immediate family member was the victim.

What if the notice comes more than 180 days after the incident?

It may not qualify under §1946.7. Consult an attorney before denying it, and consider whether a mutual agreement to end the lease makes sense.

Bottom Line for Landlords

1. A qualifying tenant can end the lease with 14 days' written notice and one qualifying document.
2. They owe rent for those 14 days only. No early termination penalty.
3. Remaining co-tenants are still bound by the lease.
4. Change the locks within 24 hours when a survivor properly requests it.
5. Keep everything confidential, and never retaliate.

This article is for general informational purposes and isn't legal advice. For guidance on your specific situation, consult a California landlord-tenant attorney. If you or someone you know is in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233.