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

Published August 10, 2026

Civil Code section 1946.7 lets a tenant who is a victim of domestic violence, sexual assault, stalking, human trafficking, or elder abuse end a lease early with documentation, caps their remaining rent at 14 days, and bars the landlord from disclosing the reason without consent.

The short answer

Under Civil Code section 1946.7, a tenant who is a victim of domestic violence, sexual assault, stalking, human trafficking, or certain other crimes can end a lease early with qualifying documentation. The landlord cannot demand more than the specified proof, owes the tenant no more than 14 days of rent after the notice, must keep the reason confidential absent consent or a court order, and cannot forfeit the security deposit or treat the departure as a lease breach.

Last verified: August 10, 2026

Who this covers

Civil Code section 1946.7, subdivision (a), applies when the tenant, a household member, or an immediate family member is a victim of domestic violence, sexual assault, stalking, human trafficking, abuse of an elder or a dependent adult, or certain other crimes involving bodily injury, use of a deadly weapon, or use of force against the victim. It is not limited to the person who signed the lease. A qualifying incident against a household member or immediate family member can trigger the right, and subdivision (c) adds a specific path for an immediate family member's victimization that happened outside the unit, which requires the tenant to also provide a written statement confirming they are relocating for their or the family member's safety and well being.

The documentation, exactly as the statute lists it

A landlord cannot demand documentation beyond what subdivision (b) specifies. The tenant's written notice must be accompanied by one of the following.

1. A copy of a temporary restraining order, emergency protective order, or protective order issued under specified Family Code, Penal Code, Code of Civil Procedure, or Welfare and Institutions Code provisions that protects the tenant, household member, or immediate family member from further violence or from the act or crime described in subdivision (a).

1. A copy of a written report by a peace officer employed by a state or local law enforcement agency stating that the tenant, household member, or immediate family member has filed a report alleging they are a victim of a qualifying act or crime.

1. Documentation from a qualified third party, such as a health practitioner, domestic violence or sexual assault counselor, human trafficking caseworker, or victim advocate, provided on the professional's letterhead using the form specified in the statute, in which both the tenant and the professional make required statements.

1. Any other form of documentation that reasonably verifies that the crime or act occurred, which can include a civil harassment restraining order or other written verification a court or law enforcement agency provided.

A landlord who receives one of these four cannot insist on a different or additional form of proof before honoring the termination.

The notice window

Under subdivision (d), the tenant has to give notice within 180 days of whichever triggering event applies: 180 days from when the protective order was issued, 180 days from when the police report was made, 180 days from when the qualifying act or crime occurred, or within the ordinary notice period already required for ending a tenancy under Civil Code section 1946, whichever period applies to the situation.

Rent liability caps at 14 days

This is the number that matters most for underwriting the departure. Subdivision (e) states the tenant is responsible for rent for no more than 14 calendar days following the notice, or a shorter period if the lease or section 1946 would otherwise require less. After that, the tenant is released without penalty from any further rent or other payment obligation under the lease. If you relet the unit before the 14 days run out, the rent owed under this subdivision is prorated down further.

| Requirement | What the statute sets |

|---|---|

| Qualifying documentation | One of four types listed in subdivision (b) |

| Notice window | 180 days from the order, report, or incident, per subdivision (d) |

| Maximum remaining rent owed | 14 calendar days after notice, per subdivision (e), prorated if relet sooner |

| Security deposit | Cannot be forfeited as a penalty for the early termination, per subdivision (f) |

| Other tenants on the lease | Remain bound by their own obligations, per subdivision (g) |

| Landlord confidentiality | Disclosure barred without tenant consent or legal compulsion, per subdivision (i) |

| Landlord liability for violation | Actual damages plus $100 to $5,000 in statutory damages, per subdivision (k) |

The security deposit and the rest of the lease

Subdivision (f) prohibits the landlord from requiring forfeiture of the security deposit or advance rent as a consequence of this kind of termination, and it states that ending the tenancy under this section does not constitute a breach of the lease. That distinction matters for anything downstream that turns on whether a tenant broke a lease, such as a rental history reference. The deposit still gets returned and accounted for under the normal security deposit rules; the landlord just cannot treat the early departure itself as a forfeiture trigger.

Subdivision (g) makes clear that any other tenants named on the lease are not released. Their rent obligation continues under the existing agreement even though the qualifying tenant's obligation ends.

Confidentiality is not optional

Subdivision (i) bars a landlord from disclosing information a tenant provided under this section to a third party, with narrow exceptions: the tenant consents in writing, or the disclosure is required by law or a court order. The statute separately clarifies that a landlord's communication with a qualified third party who supplied documentation, limited to verifying that documentation's contents, is not treated as a prohibited disclosure.

This confidentiality duty is the part landlords most often overlook, because the instinct is to explain a sudden vacancy or a rent adjustment to a property manager, a co-owner, or another tenant. Under this statute, that explanation cannot include the reason for the termination without the tenant's written consent or a legal requirement to disclose it.

What happens if a landlord gets this wrong

Subdivision (k) makes a landlord who violates section 1946.7 liable for the tenant's actual damages plus statutory damages of not less than $100 and not more than $5,000, with an exception where the tenant's only documentation was the catch-all category in subdivision (b)(4). Subdivision (l) states these remedies are in addition to, not instead of, any other legal remedy the tenant has. Subdivision (j) separately bars a landlord from refusing to rent to a prospective tenant because they previously exercised rights under this section.

FAQ

Can I require a police report specifically, and refuse a protective order or the other options?

No. The statute lists four acceptable documentation types in subdivision (b), and any one of them satisfies the requirement. You cannot insist on a specific type over the others the tenant is entitled to use.

Do I still owe the tenant their security deposit back?

Yes, in the ordinary course. Subdivision (f) bars treating the termination as a forfeiture trigger, but it does not exempt the deposit from the state's normal accounting and return requirements.

Can I tell the co-signer or a roommate why the tenant is leaving?

Not without the tenant's written consent or a legal requirement to disclose, under subdivision (i). Keep the explanation limited to the fact of the lease change, not the underlying reason.

What if the qualifying incident happened somewhere other than the rental unit, to a family member who does not live there?

Subdivision (c) still allows termination in that scenario, but the tenant additionally has to provide a written statement confirming they are relocating for safety and well being.

Are roommates who are not the victim also released from the lease?

No. Subdivision (g) keeps other tenants on the lease bound to their existing obligations; the release applies to the qualifying tenant.

What is the penalty if I violate this statute?

Subdivision (k) sets liability at the tenant's actual damages plus statutory damages between $100 and $5,000, and subdivision (l) preserves any other remedy available under separate law.

This article is general information, not legal advice. Confirm your specific situation with a licensed California attorney before acting on it.

sources:

• "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1946.7 = full text and subdivision structure of Civil Code section 1946.7: qualifying acts, documentation list, notice timing, rent cap, deposit protection, confidentiality, and penalties"

unconfirmed:

• "None."

Topics: compliance, domestic violence, lease termination, Civil Code 1946.7, tenant rights, California landlord law

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