Know the Laws: California

UPDATED June 4, 2012

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This section discusses a law that allows a victim of domestic violence, sexual assault, or stalking to break his/her rental lease without penalty.

• Basic info
  • What is a housing law?
  • Who is protected under this housing law?
  • If I get my lease terminated, how will this affect my roommates?
• Breaking a lease/moving out

Basic info

back to topWhat is a housing law?

There are many different housing laws that involve rights of tenants and landlords.  The housing law described in this section provides tenant protections for victims of certain crimes and their household members.

There is a housing law in California that allows you (the tenant) to terminate your lease before it expires if you or a member of your family/household is a victim of domestic violence, sexual assault, or stalking.  However, the family member must live in the same household as you (the tenant).*

If you are not sure if you qualify as a victim of domestic violence, sexual assault, or stalking, you can click on each term to read the definitions.  For the purposes of this housing law, "sexual assault" is defined as any of the following crimes: rape, unlawful sexual intercourse with person under 18, rape of a spouse, sodomy, oral copulation, or forcible acts of sexual penetration.*

Note: If you are not a victim of domestic violence, sexual assault, or stalking but have questions about your housing rights, here are some links that may be useful: for information on an anti-discrimination law called the Fair Housing Act, click here; for basic tenants' rights with contact info for legal assistance, click here.  For basic tenant and landlord rights with contact info for legal assistance, click here.

* Cal.Civ.Code §1946.7(a)

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back to topWho is protected under this housing law?

You can get protection if you meet both of the following:

1. You (the tenant) were a victim of domestic violence, sexual assault, or stalking or a member of your family was a victim of domestic violence, sexual assault or stalking and s/he lives with you;* and
2. You must have one of the following documents that was issued within the last 180 days:**
   • a temporary restraining order or emergency protective order from the court that protects you or your household member from further domestic violence, sexual assault or stalking; or
   • a copy of a written report from a peace officer stating that you or your family member filed a report due to domestic violence, sexual assault, or stalking.***

* Cal.Civ.Code §1946.7(a),(g)
** Cal.Civ.Code §1946.7(c)
*** Cal.Civ.Code §1946.7(b)

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back to topIf I get my lease terminated, how will this affect my roommates?

If you have a roommate(s) who is listed as a tenant on the lease, your roommate(s) will not be affected if your lease obligations are terminated under this law.  Your roommate is still bound by the lease even if you are allowed to get out of your lease.*

* Cal.Civ.Code §1946.7(f)

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