Domestic Violence Lease Break in California: What the Law Requires of a Landlord in 2026

Published July 15, 2026

California Civil Code 1946.7 lets survivors end a lease with 14 days notice. Here is what South Bay landlords must do and cannot ask.

Under California Civil Code section 1946.7, a tenant who is a victim of domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse (or whose household member is a victim) can end a lease early. The tenant owes rent for no more than 14 calendar days after giving written notice with qualifying documentation, then is released from the remaining lease term.

Who the law protects

Section 1946.7 does not require the tenant on the lease to be the direct victim. It also covers a household member or immediate family member who suffered the qualifying abuse or crime, meaning a tenant can invoke the law on behalf of a child or partner living in the unit. The law covers a broad list: domestic violence, sexual assault, stalking, human trafficking, and abuse of an elder or dependent adult, along with certain other crimes involving a deadly weapon, force, or threat of force.

What documentation a landlord can require

We cannot just take a tenant's word for it, but the statute limits what we are allowed to ask for. A tenant must attach one of the following to the written notice, and the notice itself generally must be given within 180 days of the date the order issued, the report was made, or the qualifying act occurred:

1. A copy of a temporary restraining order, emergency protective order, or other protective order issued under specified Family Code, Penal Code, or Code of Civil Procedure sections.
2. A written report from a peace officer stating that the tenant or household member reported being a victim.
3. Documentation from a qualified third party, meaning a licensed health care provider, domestic violence counselor, sexual assault counselor, or human trafficking caseworker, signed under penalty of perjury.
4. Other reasonably reliable documentation of the qualifying act.

A landlord cannot demand more than this, and we are required to keep the reason for termination confidential in our files. Sharing it with other tenants or on a public notice is not appropriate and can expose an owner to liability.

The 14 day rule, exactly

Once the tenant delivers written notice of intent to terminate along with qualifying documentation, the tenant is responsible for rent for no more than 14 calendar days following the notice, and is then released from the remaining lease obligations. If a landlord is able to re-rent the unit before the 14 days run, the outstanding rent should be prorated back to the actual move-out date, since a landlord cannot collect rent twice for the same days.

This is different from a standard lease break, where a tenant who leaves early may still owe rent for the remainder of the term (reduced by the landlord's duty to mitigate damages by re-renting). Section 1946.7 caps the survivor's exposure at 14 days regardless of the remaining term, whether that is 2 months or 14 months.

Can a landlord charge a penalty or hold the deposit hostage

No. The statute is explicit that a landlord cannot require the tenant to forfeit the security deposit or advance rent because of the termination, and the standard security deposit rules under Civil Code section 1950.5 still apply, meaning the deposit gets accounted for and returned (minus lawful deductions) within 21 days of move-out like any other termination.

A related obligation applies while a survivor stays in the unit. Under Civil Code section 1941.5, if a protected tenant gives a written lock change request with qualifying documentation and the abuser does not live in the unit, the landlord must change the locks within 24 hours at the landlord's expense; if the landlord misses that window, the tenant may change them and be reimbursed. Section 1941.6 sets out the parallel rule where the person to be excluded is a tenant in the same unit, which requires a court order excluding them.

What this means for you

If a tenant hands you a protective order or a qualifying letter and a written notice, the clock is 14 days, not 30 or 60. Do not ask for details beyond the documentation the statute allows, keep the file confidential, and prorate rent if you re-rent early. Treat the request as both a legal obligation and a safety issue, since delay or pushback can put someone at real risk.

If you would rather not be the one deciding, in the moment, whether a document qualifies, that is exactly the kind of edge case we handle for our owners every month.

This is general information, not legal or tax advice. Confirm with a licensed professional before you act.

Sources

1. California Civil Code Section 1946.7, leginfo.legislature.ca.gov
2. Civil Code Section 1946.7 (Justia summary), 2025 California Code
3. Bay Area Legal Aid: How to Legally Break a California Lease for Reasons of Domestic Violence or Stalking
4. National Housing Law Project: California Civil Code 1946.7 Toolkit for Advocates and Survivors
5. California Civil Code Section 1941.5 (lock changes), leginfo.legislature.ca.gov
6. California Civil Code Section 1950.5, leginfo.legislature.ca.gov

Last verified: July 2026.

Topics: compliance, domestic violence, lease termination, tenant rights, California Civil Code, El Segundo

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Schofield Properties is a family run property management company at 323 Richmond St, El Segundo, CA 90245. We have managed the South Bay since 1972 and personally oversee about 186 doors today. Book a call to talk about your property.