The California Civil Code, Chapter 2, Section 1946.7 allows a tenant the right to break a lease if he or she has been a victim under the following conditions:
Violence, Stalking, Trafficking, or Abuse
A tenant may notify the landlord that he or she or a household member was a victim of an act that constitutes an act of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult, and that the tenant intends to terminate the tenancy.
Notice to Terminate
A notice to terminate a tenancy under this section shall be in writing, with one of the following attached to the notice:
- A copy of a temporary restraining order, emergency protective order, or protective order lawfully issued that protects the tenant or household member from further domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult.
- A copy of a written report by a peace officer employed by a state or local law enforcement agency acting in his or her official capacity stating that the tenant or household member has filed a report alleging that he or she or the household member is a victim of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult.
- Documentation from a qualified third party based on information received by that third party while acting in his or her professional capacity to indicate that the tenant or household member is seeking assistance for physical or mental injuries or abuse resulting from an act of domestic violence, sexual assault, stalking, human trafficking, elder abuse, or dependent adult abuse.
- The documentation may be signed by a person who meets the requirements for a sexual assault counselor, domestic violence counselor, or a human trafficking caseworker only if the documentation displays the letterhead of the office, hospital, institution, center, or organization, as appropriate, that engages or employs, whether financially compensated or not, this counselor or caseworker.
Within 180 Days
The notice to terminate the tenancy shall be given within 180 days of the date that any order described herein was issued, within 180 days of the date that any written report was made, or within the time period described in the section California Tenancy Termination Notice Requirements.
Rent Payment Obligation
If notice to terminate the tenancy is provided to the landlord under this section, the tenant shall be responsible for payment of rent for no more than 14 calendar days following the giving of the notice, or for any shorter appropriate period as described in the section California Tenancy Termination Notice Requirements or the lease or rental agreement. The tenant shall be released from any rent payment obligation under the lease or rental agreement without penalty. If the premises are relet to another party prior to the end of the obligation to pay rent, the rent owed under this subdivision shall be prorated. Existing law governing the security deposit shall apply.
Landlord May Not Limit Victim’s Right to Assistance
Any provision in a rental or lease agreement for a dwelling unit that prohibits or limits, or threatens to prohibit or limit, a tenant’s, resident’s, or other person’s right to summon law enforcement assistance or emergency assistance as, or on behalf of, a victim of abuse, a victim of crime, or an individual in an emergency, if the tenant, resident, or other person believes that the law enforcement assistance or emergency assistance is necessary to prevent or address the perpetration, escalation, or exacerbation of the abuse, crime, or emergency, shall be void as contrary to public policy.
Landlord May Not Impose Penalties
A landlord shall not impose, or threaten to impose, penalties on a tenant or resident who exercises the tenant’s or resident’s right to summon law enforcement assistance or emergency assistance as, or on behalf of, a victim of abuse, a victim of crime, or an individual in an emergency, based on the person’s belief that the assistance is necessary. A landlord shall not impose, or threaten to impose, penalties on a tenant or resident as a consequence of a person who is not a resident or tenant summoning law enforcement assistance or emergency assistance on the tenant’s, resident’s, or other person’s behalf, based on the person’s belief that the assistance is necessary.
Note: Any waiver of the provisions of this section is contrary to public policy and is void and unenforceable.
Landlord Noncompliance
In addition to other remedies provided by law, a violation of this section entitles a tenant, a resident, or other aggrieved person to seek injunctive relief prohibiting the landlord from creating or enforcing policies in violation of this section, or from imposing or threatening to impose penalties against the tenant, resident, or other aggrieved person based on summoning law enforcement or emergency assistance as, or on behalf of, a victim of abuse, a victim of crime, or an individual in an emergency.
Added by Stats. 2018, Ch. 190, Sec. 1. (AB 2413) Effective January 1, 2019
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