This is a summary of each state’s laws as it pertains to the rights of tenants that may become victims of domestic violence and the impact it may have on their relationship with their landlord. A word of caution for landlords: Should you encounter an issue of domestic violence among tenants, we would strongly encourage you to check with local law enforcement, a housing authority or an attorney regarding your rights under the law and the rights of the tenant should you decide to act regarding terminating tenancy or taking other steps.
| State | Statute | Summary of Housing Laws for Domestic Violence |
|---|---|---|
| Alabama | No statute | |
| Alaska | No statute | |
| Arizona | Ariz. Stat. Ann. §33-1315 | A rental agreement shall not provide that the tenant must waive his/her right to summon a peace officer or other emergency assistance in response to domestic violence incident. |
| Arkansas | No statute | |
| California | Cal. Health and Safety Code §34328.1 | Reporting requirement regarding lease termination of a tenant who was a victim of domestic violence. |
| Colorado | Col Rev. Ann. §13-40-107.5(5)(b)(l) (as amended) Col. Rev Ann. §38-12¬401 House Bill 05-1169 (takes effect 7/1/05) – Creates § 13-40-104, § 13-40-107.5, § 32-12-402(2) | Col Rev. Ann. §13-40-107.5 prohibits a landlord from terminating the tenancy of a documented victim of domestic violence (the filing of a police report or the issuance of a protection order) if the domestic violence is the basis for the termination notice. Col. Rev. Ann. §38-12-401 Landlord may not include in a residential rental agreement or lease agreement, a provision that permits the landlord to terminate the lease or impose a penalty on a residential tenant for calls made by the tenant for peace officer assistance or other emergency assistance in response to a domestic violence abuse situation House Bill 05-1169 Landlord cannot evict a victim of domestic violence on the ground that the tenant or tenant’s guest committed a crime or dangerous act. A victim may terminate lease and only pay next month’s rent if present evidence (protective order, etc.) of violence within past 60 days. |
| Connecticut | No statute | |
| Delaware | No statute | |
| District of Columbia | No statute | |
| Florida | No statute | |
| Georgia | No statute | |
| Hawaii | No statute | |
| Idaho | No statute | |
| Illinois | No statute | |
| Indiana | No statute | |
| Iowa | Iowa Code §§ 562A.27A and 562B.25A(3) | If a domestic violence victims seeks a protective order/reports the abuser to law enforcement, the landlord cannot terminate the victim’s tenancy. |
| Kansas | No statute | |
| Kentucky | No statute | |
| Louisiana | La. Rev. Stat. Ann. § 40:506(D) La. Rev. Stat. Ann. § 46:2136(A)(2) | La. Rev. Stat. Ann. §40:506 – Prohibits local housing authority from terminating the tenancy of a victim of domestic, dating, or family violence. The authority may terminate the tenancy of the perpetrator of the violence. La. Rev. Stat. Ann. §46:2136 – If a victim of domestic violence is awarded temporary custody of minor children (born of both victim and abuser), a judge may grant possession of housing to the victim and exclude the abuser even if the abuser solely owns the residence. |
| Maine | No statute | |
| Maryland | No statute | |
| Massachusetts | No statute | |
| Michigan | Mich. Comp. Laws §554.601b | A rental agreement or lease may contain a provision stating, “A tenant who has a reasonable apprehension of present danger to him or her or his or her child from domestic violence, sexual assault, or stalking may have special statutory rights to seek a release of rental obligation under MCL 554.601b.” If the rental agreement or lease does not contain such a provision, the landlord must post an identical written notice visible to a reasonable person in the landlord’s property management office, or deliver written notice to the tenant when the lease or rental agreement is signed. |
| Minnesota | Minn. Stat. § 504B.205 Minn. Stat. § 244.052 subd. 4a(b) | Minn. Stat. §504B.205 prohibits a landlord from imposing a penalty on a tenant for calling for police or emergency assistance in response to domestic abuse. Minn. Stat. §244.052 allows a landlord to evict a domestic violence offender. |
| Mississippi | No statute | |
| Missouri | No statute | |
| Montana | No statute | |
| Nebraska | No statute | |
| Nevada | No statute | |
| New Hampshire | No statute | |
| New Jersey | No statute | |
| New Mexico | No statute | |
| New York | No statute | |
| North Carolina | No statute | |
| North Dakota | No statute | |
| Ohio | No statute | |
| Oklahoma | No statute | |
| Oregon | Or. Rev. Stat. §90.453 Or. Rev. Stat. §90.459 | Or. Rev. Stat. §90.453 – If a tenant is able to provide verification (police report, police statement, valid court order of protection) of being a victim of domestic violence, sexual assault, or stalking occurring within the past 90 days, the landlord is required to release the tenant from a rental agreement if the tenant gives the landlord 14-days written notice. Or. Rev. Stat. §90.459 – If a tenant is a victim of domestic violence, landlord must change locks. |
| Pennsylvania | No statute | |
| Rhode Island | R.I. Gen. Laws § 34-37-1, -2, -3, -4 | Prohibits discrimination against victims of domestic violence. |
| South Carolina | No statute | |
| South Dakota | No statute | |
| Tennessee | No statute | |
| Texas | Tex. Prop. Code Ann. § 92.015 | A landlord may not limit a tenant’s right to summon police or emergency services in response to domestic violence. |
| Utah | House Bill 184 (2005) – creates § 57-22-5.1 | If a domestic violence victim provides evidence of violence, landlord must change tenant’s locks. |
| Vermont | No statute | |
| Virginia | Va. Code § 55-225.5 and § 55-248.18:1 | If domestic violence victim provides a court order allowing exclusion of a co-tenant or occupant, landlord must change locks or allow victim to do so. |
| Washington | Wash. Rev. Code Ann. § 59.18.352. Wash. Rev. Code Ann. § 59.18.130 (8)(b)(ii). Wash. Rev. Code Ann. § 59.18.575 E.H.B. 1645, 58th Leg. (Wash. 2003). Wash Rev. Code Ann. § 59.18.585 | Wash. Rev. Code Ann. §59.18.352 allows a tenant to terminate a rental agreement where the tenant was threatened with a deadly weapon. Wash. Rev. Code Ann. §59.18.130(8)(b)(ii) prohibits the termination of tenancy for a victim of physical assault. Wash. Rev. Code Ann. §59.18.575 allows a tenant who is a victim of domestic or sexual violence to terminate lease by end of month (if violence occurred within past 90 days) E.H.B. 1645 Prohibits a landlord from terminating a tenancy where the tenant is a victim of domestic violence. Wash. Rev. Code Ann. §59.18.585 – If tenant provides landlord with a court order excluding a tenant, landlord must change locks and not give keys to excluded tenant. |
| West Virginia | No statute | |
| Wisconsin | Wis. Stat. Ann. § 106.50(5m)(d) | Prohibits a landlord from refusing housing based on the fact that a person is a victim of domestic abuse. |
| Wyoming | No statute |