Breaking Free: Lease Termination Rights for Survivors of Domestic Violence

Leaving an abusive situation is often urgent, but tenants with a lease may worry about their legal and financial obligations if they move out early. Normally, a tenant who leaves before the lease ends can be held responsible for the rent due for the remainder of the term, although landlords have a legal duty to mitigate losses by re-renting as quickly as possible.

California recognized that even this limited liability can trap survivors in unsafe housing. To address this, the Legislature created Civil Code § 1946.7, which allows survivors of domestic violence and certain other crimes to end their lease early with minimal obligation. Property owners need to understand how this law works, particularly when there are multiple tenants on the lease.

Who Is Protected

Civil Code § 1946.7 applies to survivors of:

• Domestic violence

• Sexual assault

• Stalking

• Human trafficking

• Elder abuse or dependent adult abuse

The law also protects the household members of the victim

How the Law Works

To end a lease under this law, the survivor must:

1. Give written notice to the landlord, dated and signed.

2. Attach one of the following:

   • A restraining or protective order issued within the past 180 days.

   • A police report issued within the past 180 days.

   • A qualified third-party statement from a doctor, nurse, therapist, counselor, or caseworker

The survivor remains responsible for rent only up to 14 calendar days after giving notice. If the landlord re-rents the unit sooner, the rent must be prorated. 

When There Are Multiple Tenants on the Lease

If Roommates Remain

• Other tenants remain bound by the lease. Civil Code § 1946.7 only releases the survivor.

• Roommates must continue paying the full rent, including the survivor’s share

If the Perpetrator Is Also on the Lease

• The abuser does not automatically lose tenancy rights. They remain a tenant under the lease and are financially responsible for rent.

• If a court order, such as a restraining order, excludes the abuser from the property, the landlord must honor that order. In that case, the abuser remains liable for rent but cannot legally occupy the unit.

Eviction of the Perpetrator

• Civil Code § 1946.7 cannot be used to evict the perpetrator.

• If removal is necessary, it must come from a court order excluding them from the property, or from a separate eviction under local just cause rules such as nuisance, threats to health and safety, or unlawful activity.

Security Deposits

If the tenancy as a whole comes to an end, the deposit must be returned within 21 days, minus any lawful deductions.
If only one cotenant (the survivor) terminates under Civil Code §1946.7 but others remain, the deposit stays with the ongoing tenancy. The landlord does not return “that person’s share” mid-lease. Instead, the departing survivor is released from liability for rent and damages after the 14-day termination date, while the remaining tenants carry the deposit forward. Any reimbursement of the survivor’s portion is a matter between the tenants.

Confidentiality Rules

All documentation provided by the survivor is confidential. A landlord may only disclose it if the survivor gives written consent, or if disclosure is required by law or a court order

Safety Considerations for Owners

While the law centers on the survivor’s rights, property owners have a role to play in ensuring the process is safe.

• Respect confidentiality in all communications.

• Be prepared to comply with restraining orders, even if the restrained person remains on the lease.

• Encourage survivors to connect with local domestic violence agencies or California’s Safe at Home address confidentiality program for additional support.

Key Takeaways

• Survivors can exit a lease safely and without penalty.

• Other tenants remain liable, including perpetrators, unless removed by court order or eviction.

• Court orders override tenancy rights if they bar the abuser from the property.

• Landlords must keep survivor information confidential.

Civil Code § 1946.7 is designed to remove barriers that prevent survivors from leaving abuse, while also clarifying landlord obligations when a tenancy continues for remaining occupants.