Ending a Lease Early for Domestic Violence and Other Crimes (Civil Code § 1946.7)

California Civil Code § 1946.7 lets a tenant end a lease early if the tenant, a household member or an immediate family member was the victim of domestic violence, sexual assault, stalking, human trafficking, elder or dependent adult abuse, or certain violent crimes. The tenant gives written notice with one form of supporting documentation, generally within 180 days of the act, order or police report, and then owes rent for no more than 14 calendar days after giving notice. The landlord may not treat the termination as a breach or keep the deposit because of it.

At a glance

What the law says

Who qualifies

A tenant may give notice to terminate if the tenant, a member of the tenant's household, or an immediate family member was the victim of any of these:

1. Domestic violence (Family Code § 6211).
2. Sexual assault (Penal Code §§ 261, 261.5, 286, 287, 289).
3. Stalking (Civil Code § 1708.7).
4. Human trafficking (Penal Code § 236.1).
5. Elder or dependent adult abuse (Welfare and Institutions Code § 15610.07).
6. A crime that caused bodily injury or death.
7. A crime that included exhibiting, drawing, brandishing or using a firearm or other deadly weapon.
8. A crime that included the use or threat of force against the victim.

Items 6 to 8, and coverage for immediate family members, were added by SB 1017, effective January 1, 2023. "Immediate family member" means a parent, stepparent, spouse, child, child-in-law, stepchild or sibling, or a household member with a substantially similar relationship.

What the notice must include

The notice must be in writing and have one of these attached:

1. A copy of a temporary restraining order, emergency protective order or protective order protecting the victim.
2. A copy of a written peace officer report stating that the victim filed a report alleging they are a victim.
3. Documentation from a qualified third party on the statutory "Tenant Statement and Qualified Third Party Statement" form. Counselors, caseworkers and advocates must use their organization's letterhead.
4. Any other documentation that reasonably verifies the crime or act occurred.

Family member who lived elsewhere. If the victim is an immediate family member who did not live in the tenant's household, and no part of the act happened in the unit or within 1,000 feet of it, the tenant must also attach a written statement saying that the family member was a victim, that the tenant intends to relocate because of it, and that the move is to increase safety or well-being.

Timing

The notice must be given within 180 days of the date the order was issued, the police report was made, or the act or crime occurred, as applicable.

Rent and the deposit

• The tenant owes rent for no more than 14 calendar days after giving notice, or a shorter period if § 1946 or the lease provides one. After that, the tenant is released from further rent and other payment obligations without penalty.
• If the unit is re-let before the 14 days are up, the rent is prorated.
• The landlord may not require forfeiture of the security deposit or advance rent because of the termination, and the tenant is not considered to have breached the lease. The ordinary deposit rules in Civil Code § 1950.5 otherwise apply, including the 21-day return deadline. See security deposits.

Co-tenants

Co-tenants who are not victims, and who are not part of the victim-tenant's household, remain bound by the lease.

Confidentiality and future rentals

• The landlord may not disclose information the tenant provides under § 1946.7 unless the tenant consents in writing or a law or court order requires it. Checking the documents with the qualified third party who signed them is not a disclosure.
• A landlord may not refuse to rent to a person solely because that person previously used this section. See fair housing.

Liability

A landlord who violates § 1946.7 is liable for actual damages plus statutory damages of $100 to $5,000. There are no statutory damages if the tenant's only documentation was the "any other documentation" category.

What owners should do

• Accept a § 1946.7 notice that includes one of the four kinds of documentation. You can verify a qualified third-party statement with the person who signed it; that is not a disclosure.
• Treat the documents as confidential. Store them separately from general tenant files and share them only with written consent or as required by law or court order.
• Stop charging rent after the 14-day period (or the shorter period that applies), and prorate if the unit is re-let sooner.
• Handle the deposit under the normal § 1950.5 rules, with no forfeiture for the early termination.
• Keep the lease in force for co-tenants outside the victim's household, and talk with counsel about how the lease continues for them.
• Do not take a prior use of § 1946.7 into account when reviewing a future application.

What tenants should know

• You do not need a restraining order. A police report, a qualified third-party statement on the statutory form, or other documentation that reasonably verifies the act can be used.
• Statutory damages are available only if you used one of the first three documentation types, not the "any other documentation" category.
• Give the notice in writing within 180 days of the act, order or report, and keep a copy with the date you gave it.
• Your rent obligation ends 14 calendar days after notice at most.
• Your landlord cannot share what you provide without your written consent, except as law or a court order requires.
• Co-tenants outside your household stay on the lease.

Step-by-step guides

For the practical side of this rule, see these guides in the California Rental Handbook:

• Breaking a Lease in California: Early Termination Clauses and Mitigation
• Locks, Keys and Rekeying Between California Tenants

Local rules

Some California cities add tenant protections on top of state law. Coronado has no local rent-control or just-cause ordinance as of October 2026 (based on a review of its code's contents); see the Coronado Rental Guide. Other San Diego County cities may differ; check your city's municipal code.

Recent and upcoming changes

• January 1, 2023: SB 1017 added crimes causing bodily injury or death, crimes involving a firearm or deadly weapon, crimes involving force or threat of force, and coverage for immediate family members. This is the section's current text as of October 2026; there is no 2025 amendment.

This is general information, not legal advice. Laws change; confirm the current text and your situation with a California attorney.

Frequently asked questions

How much notice does a tenant give to end a lease for domestic violence in California?

The notice must be in writing, and the tenant owes rent for no more than 14 calendar days after giving it (or a shorter period if § 1946 or the lease provides one). The notice itself must be given within 180 days of the protective order, the police report, or the act or crime.

Does the tenant need a police report or restraining order?

No. A tenant can attach a protective order, a written peace officer report, a qualified third-party statement on the statutory form, or any other documentation that reasonably verifies the crime or act occurred.

Does § 1946.7 cover crimes other than domestic violence?

Yes. Since January 1, 2023, it also covers crimes that caused bodily injury or death, crimes that involved a firearm or other deadly weapon, and crimes that involved the use or threat of force against the victim, in addition to sexual assault, stalking, human trafficking, and elder or dependent adult abuse.

Can the landlord keep the security deposit?

Not because of the early termination. The landlord may not require forfeiture of the deposit or advance rent, and the tenant is not treated as breaking the lease. Ordinary deductions under Civil Code § 1950.5, such as unpaid rent or damage beyond ordinary wear and tear, still apply.

What happens to roommates who stay?

Co-tenants who are not victims and are not in the victim-tenant's household remain bound by the lease.

Can the victim be a family member who lives somewhere else?

Yes, if the victim is an immediate family member. If no part of the act happened in the unit or within 1,000 feet of it, the tenant must also attach a written statement that the family member was a victim, that the tenant intends to relocate because of it, and that the move is to increase safety or well-being.

Sources

• Civil Code § 1946.7 (opens in a new tab)
• SB 1017 (2022) bill text (opens in a new tab)
• Civil Code § 1950.5 (opens in a new tab)

Verified October 19, 2026.