TL;DR — 30 seconds
A DV/sexual assault/stalking/trafficking/elder-abuse victim can terminate a California lease on 14 days' written notice plus qualifying documentation (§1946.7). Landlord must change locks within 24 hours of a qualifying request (§1941.5). Adverse action against a tenant for being a DV victim or for calling police is unlawful under FEHA and §1946.7.
The §1946.7 early termination right
Civil Code §1946.7 lets a tenant who is a victim — or whose immediate family or household member is a victim — of domestic violence, sexual assault, stalking, human trafficking, or elder/dependent adult abuse, terminate a lease early on 14 days' written notice. The tenant remains liable for rent through the effective termination date but not beyond. The landlord must return any deposit subject to standard §1950.5 deductions.
Qualifying documentation
The tenant's notice must include one of:
- A copy of a police report no more than 180 days old.
- A copy of a court-issued protective order.
- A written statement from a qualified third party — physician, mental health professional, domestic violence counselor — on the third party's letterhead, confirming the tenant or household member is a victim of the qualifying conduct.
The landlord cannot demand documentation beyond what the statute specifies. Demanding the tenant's medical records or the perpetrator's full identity is unlawful.
The §1941.5 lock-change right
Civil Code §1941.5 and §1941.6 require the landlord to change the locks within 24 hours of a tenant's written request when the tenant provides qualifying documentation showing a protected person is at risk. If the landlord doesn't, the tenant can change the locks themselves and is entitled to reasonable reimbursement.
The new keys go only to the requesting tenant. The landlord cannot give a key to the alleged perpetrator even if the perpetrator is also on the lease — the perpetrator can pursue separate legal process to access the unit.
The anti-adverse-action rule
§1946.7 and FEHA prohibit:
- Refusing to rent based on DV-victim status.
- Terminating, threatening to terminate, or refusing to renew based on victim status.
- Charging higher rent, fees, or deposit.
- Reporting to immigration enforcement based on victim status.
- Adverse action based on the tenant calling 911 for DV-related emergencies.
The 911-call trap
Some "nuisance" ordinances or lease clauses penalize tenants for repeated police calls. Applying them to a tenant who is calling for help in a DV situation is unlawful under both §1946.7 and federal law. The tenant's call for help is not the violation; the violence is.
What the landlord cannot ask
- The identity of the perpetrator beyond what's already in the documentation.
- Medical records.
- The details of the underlying conduct.
- Whether the tenant pressed charges.
If both tenants are on the lease and only one is a victim
The §1946.7 right belongs to the victim tenant. The victim can terminate their own portion of the tenancy on 14 days' written notice. The remaining tenant generally remains on the lease unless they have their own grounds for early termination. The landlord can't refuse to release the victim, and can't make releasing the victim conditional on the remaining tenant's departure.
Common questions
Can a DV victim break a CA lease early?
Yes, under §1946.7. 14 days' written notice plus qualifying documentation (police report under 180 days, court order, or qualified-professional letter). Tenant pays rent through termination date.
Can a landlord refuse to rent based on DV history?
No. FEHA and §1946.7 prohibit it. Adverse action based on victim status is unlawful.
Does the landlord have to change the locks?
Yes under §1941.5 — within 24 hours of a written request supported by qualifying documentation. If landlord doesn't, tenant can change locks and be reimbursed.
What documentation does §1946.7 require?
One of: police report under 180 days, court protective order, or written statement from a qualified third party on letterhead. Landlord can't demand more.
CA Landlord Laws