TL;DR
California law (California Civil Code 1946.7) provides a lifeline for early lease termination victims. If you face domestic violence, stalking, or sexual assault, you can legally break your lease. This guide details the domestic violence lease termination process. You must provide a written landlord notice of domestic violence and a copy of a protective order, lease break (or police report/third-party letter). This law protects tenant rights from domestic abuse and ensures confidentiality for victims. This is a key step toward safe housing for survivors, including those needing to break a lease due to stalking or a sexual assault lease break. New 2025 laws also require landlords to change locks at their expense and provide reasonable accommodations.
California Civil Code 1946.7: A Step-by-Step Guide to Domestic Violence Lease Termination in California
A home is supposed to be a sanctuary. It is the one place on earth where you should feel completely safe. But for many, that feeling is a luxury they cannot afford. When your home becomes the source of your fear, a lease agreement can feel like prison bars. Many survivors believe they are trapped, forced to choose between their safety and financial ruin.
They are wrong.
In California, the law provides a powerful key to unlock those bars. It recognizes that a person’s life is more valuable than a 12-month contract. This right is not a loophole. It is a lifeline, and the recent 2025 updates have made it even stronger.
If you are a victim of domestic violence, stalking, sexual assault, or other violent crimes, you are not trapped. This guide will walk you through the exact, step-by-step process of legally breaking your lease and securing your safety. We will cover the specific documents you need, the timeline you must follow, and the critical new rights you have.
Understanding your tenant rights regarding domestic abuse is the first step toward securing safe housing for survivors.
What Is California Civil Code 1946.7?
The most important law you need to know is California Civil Code 1946.7.
Think of this law as a special exit hatch for tenants in danger. It legally allows a tenant to terminate their lease early, without penalty, if they or a member of their household is a victim of certain crimes. This includes domestic violence, stalking, sexual assault, human trafficking, elder abuse, or other serious crimes that caused bodily injury.
This law overrides any conflicting terms in your lease agreement. It does not matter if your lease says “no early termination.” This law applies. It is a cornerstone of tenant rights to domestic abuse in the state.
This protection applies to you even if the person harming you is not on the lease. It also applies if they are on the lease. The law’s only concern is your safety.
However, you cannot just pack up and leave. To use this protection, you must follow a specific process. Failing to follow the steps can put you at financial risk. This guide is here to make sure that does not happen.
This step is often the most confusing. If you are unsure whether your document qualifies, it can be helpful to have a legal professional review it. The team at Bay Legal PC advises on tenant rights to help you understand your options and avoid common pitfalls. For a consultation to discuss the unique facts of your case, please call us at (650) 668 8000. Every matter is different, and past results do not guarantee future outcomes.
A Practical Guide to Domestic Violence Lease Termination in California
The law is clear, but the process can feel overwhelming. Let’s break it down into simple, manageable actions.
Step 1: Get Your Proof (You Only Need ONE)
To start the process, you must have one of three specific types of documentation. You do not need all three. You only need one.
Option 1: A Protective Order or Restraining Order
This is the most common path. If you have sought legal protection from the court, this document is your key. You can use any of the following:
- A temporary restraining order (TRO).
- A protective order (like a “no-contact” order).
- A protective order is issued for elder or dependent adult abuse.
Crucially, the order must have been issued within the last 180 days (about six months). An older, expired order may not be accepted. This is the most direct route for a protective order lease break.
Option 2: A Police Report
If you reported the abuse to the police, you can use the police report. The report must state that you or a household member is a victim of an act of domestic violence, stalking, sexual assault, or one of the other covered abuses.
Like the protective order, this report must have been created within the last 180 days. You will need to get an official copy to provide to your landlord.
Option 3: A Letter from a Qualified Professional
This option is vital for early lease termination victims who may not have involved the courts or police. The law allows you to provide documentation from a qualified third party.
This professional must state, on their official letterhead, that you or a household member is a victim of abuse. The letter must include the date of the incident(s), and the professional must sign it.
Who qualifies as a professional?
- A doctor, physician’s assistant, or nurse practitioner who treated you.
- A licensed mental health professional (like a therapist or psychologist).
- A licensed clinical social worker.
- A domestic violence or sexual assault counselor.
- A “victim’s advocate” who works for a recognized program.
This option provides critical flexibility for a sexual assault lease break or break lease stalking situation, where survivors often seek help from counselors or doctors first.
Step 2: Write Your Written Notice to the Landlord
Once you have your proof, you must write a landlord notice of domestic violence. This is a formal letter to your landlord.
You cannot just text them or tell them you are leaving. It must be a written notice.
Your notice must state two key things:
- That you are terminating your lease (ending your tenancy) under the rights provided by California Civil Code 1946.7.
- The specific date you will be moving out.
This is the most important part: The law says your lease will terminate 14 days after you give this notice to your landlord. You cannot give notice on Monday and move out on Tuesday.
You must pick a move-out date that is at least 14 days from the day you deliver the notice. For example, if you deliver the notice on October 1st, the earliest you can set as your termination date is October 15th.
Step 3: Deliver Your Notice and Proof
You must deliver your written notice and a copy of your proof (your restraining order, police report, or professional letter) to the landlord.
Do not give them your original copy. Always keep the original for your records.
How should you deliver it?
- Certified Mail: This is the best method. It creates a legal record that the landlord received the documents on a specific date.
- In Person: You can hand it to your landlord or manager. If you do this, it is wise to bring a witness or ask the landlord to sign a receipt stating they received it.
This action starts the 14-day clock.
This process involves sensitive documents, and a mistake can be costly. Bay Legal PC can advise on your landlord’s notice of domestic violence to help you navigate the legal and procedural requirements. We strive to make the legal side clearer for our clients. If you would like to discuss your situation, you can schedule an appointment using our online booking calendar. Please remember that every case depends on its own unique facts.
New 2025 Rights: Lock Changes and Accommodations
California law now provides powerful new protections. You do not have to break your lease to be safe.
Mandatory Lock Changes (At Landlord’s Expense)
As of January 1, 2025, you have the right to have your locks changed. If you (or a household member) are a victim of abuse, you can give your landlord a written request to change the locks.
The landlord must change the locks within 24 hours.
Crucially, the landlord must pay for this. They cannot charge you for the lock change. You can use the same documentation (restraining order, police report, or third-party letter) to prove your status.
Reasonable Accommodations
You also have the right to request “reasonable accommodations” from your landlord. This new law (AB 878) forces landlords to work with you to find solutions. Examples include:
- Transferring you to a different, available unit in the same complex.
- Reassigning your parking space.
- Allowing you to install security cameras or a video doorbell (at your expense).
- Working with you on a payment plan if the abuse has caused financial hardship.
Your landlord must respond to these requests in writing and must engage with you in “good faith” to find a solution.
After the Notice: Your Money, Your Privacy, Your Safety
Giving the notice is the biggest step. Here is what happens next.
Your Rent Responsibility
Your domestic violence lease termination in California is not free, but the cost is capped. You are responsible for paying rent for those 14 days after you give notice.
After the 14-day period, your financial obligation ends. The landlord cannot charge you for the remaining months on your lease. They cannot charge you an “early termination fee.”
Your Security Deposit
Your landlord must handle your security deposit just like any other move-out, with one new rule for co-tenants.
They have 21 days after you vacate to return your deposit or provide an itemized list of deductions. They can legally deduct for:
- Unpaid rent (including the 14-day notice period).
- Damage you caused to the unit (beyond normal wear and tear).
- Cleaning costs to return the unit to the state it was in when you moved in.
New 2025 Rule (AB 924): If you are moving out but other tenants are
staying, the landlord may be required to return your “calculated share” of the security deposit. The remaining tenants would then be responsible for paying that share back to the landlord. This new law is complex and designed to stop a perpetrator from financially controlling a victim through the deposit.
The Most Critical Right: Confidentiality for Victims
This law has a powerful, built-in protection. Your landlord is prohibited from sharing your information.
They cannot tell the other tenants, the neighbors, or a future landlord that you are a victim of domestic violence or that you used this law to move. The information you provide, including the police report or counselor’s letter, is strictly confidential.
The only exception is if a court orders them to disclose it, or if they need it for a legitimate business purpose (like processing the security deposit return). This rule is essential for protecting early lease termination victims from further harm.
What About Your Roommates?
This is a common and painful question. The law is designed to free the victim.
When you use California Civil Code 1946.7, you terminate your tenancy only. You are removed from the lease.
Your roommates, however, are not. Their lease agreement remains in effect. They will be responsible for the entire rent, even after you leave. The law states that the notice you provide to the landlord must not be shared with the other tenants.
However, you must still inform your roommates that you are leaving (you do not have to tell them why). This is a difficult, delicate situation that the law does not fully solve. The goal of the law is to provide safe housing for survivors, and this action is focused on your immediate safety.
What if the Landlord Refuses?
A landlord cannot legally refuse a valid domestic violence lease termination in California or a request for a lock change. If you have provided the written notice and one of the three valid forms of proof, the lease will terminate in 14 days.
If your landlord tries to fight it, threaten you, or penalize you, they are likely breaking the law. A landlord cannot:
- Refuse to rent to you in the future because you used this right.
- Evict you or threaten to evict you as retaliation.
- Withhold your security deposit illegally.
- Refuse to change your locks or demand that you pay for it.
If you are an early lease termination victim and feel unsure about the next steps, legal guidance can be crucial. Bay Legal PC works to advise clients on their legal and procedural options under California law. You can reach out to our team by emailing intake@baylegal.com to discuss your situation. Our office is located at 667 Lytton Ave, Suite 3, Palo Alto, CA 94301, United States. Prior results do not guarantee a similar outcome.
Leaving an unsafe home is a brave and necessary step. The law is on your side. Understanding California Civil Code 1946.7 and the new 2025 protections is not just about a legal process. It is about reclaiming your power, your safety, and your future.
You have taken the first step by learning your rights. Now, you have the map to the exit.
But what happens when a landlord ignores the law? What if they send you a bill for $10,000 in “lease break fees” and threaten to send you to collections, ruining your credit just as you are trying to start over…
Frequently Asked Questions (FAQ)
1. What is California Civil Code 1946.7?
It is a state law allowing tenants to break a lease early due to domestic violence, stalking, sexual assault, or other specified abuses. This law is critical for tenant rights, domestic abuse, and helps survivors find safety.
2. How do I start a domestic violence lease termination in California?
You must give your landlord written notice of your intent to terminate. You must also include a copy of a qualifying document, such as a restraining order or police report, with your notice.
3. What proof do I need for a protective order lease break?
You need one valid document. This can be a restraining order, a police report from the last 180 days, or a signed letter from a qualified professional, like a doctor or victim advocate.
4. Can I break the lease stalking?
Yes. Stalking is explicitly listed as a valid reason under California Civil Code 1946.7. You must provide the same level of proof, such as a police report or protective order, to your landlord.
5. What is a landlord’s notice of domestic violence?
This is a written statement you give to your landlord. It must say you are terminating your tenancy under California Civil Code 1946.7 and state your move-out date, which is 14 days after the notice.
6. Are there protections for confidentiality for victims?
Yes. The law prohibits your landlord from sharing your information or the reason you left. This protection is vital for early lease termination victims who fear for their safety and privacy.
7. What about a sexual assault lease break?
Sexual assault is a covered reason. Survivors of sexual assault have the same rights to terminate their lease early, following the same process of notice and documentation to secure safe housing for survivors.
8. How fast can I move?
The lease terminates 14 days after you give the landlord proper written notice and documentation. You are responsible for rent during those 14 days, but not after, helping early lease termination victims move quickly.
9. What are my tenant rights regarding domestic abuse?
Your main right is to break your lease without penalty. As of 2025, you also have the right to demand your landlord change your locks at their expense and provide other reasonable accommodations for your safety.
10. Is safe housing for survivors my landlord’s problem?
Your landlord must allow you to leave legally under CC 1946.7. As of 2025, they also have new legal duties to help provide a safe home, including changing locks and offering reasonable accommodations, not just allowing you to leave.
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