Quick Answer
California Civil Code § 1946.7 gives survivors of domestic violence, sexual assault, stalking, human trafficking, abuse of an elder or dependent adult, or a violent crime resulting in injury the right to terminate a residential lease early on 14 days’ written notice with qualifying documentation. CC § 1941.6 requires landlords to honor lock-change requests, and CC § 1161.3 prohibits eviction for being a victim of these crimes.
Key Takeaways
- CC § 1946.7 allows early lease termination on 14 days’ written notice for qualifying survivors.
- Qualifying documentation includes a police report (within 180 days), restraining order, or written statement from a qualified third party (medical, mental health, advocacy).
- CC § 1941.6 requires the landlord to change locks within 24 hours of a written request supported by qualifying documentation.
- CC § 1161.3 prohibits eviction in retaliation for being a victim, or because of acts the abuser committed.
- The Violence Against Women Act (VAWA) adds federal protections for tenants in HUD-assisted housing.
- The City of Los Angeles and other jurisdictions add local protections layered on top.
- Survivors retain rights to security deposit return and pro-rated rent, landlord cannot impose lease-break penalties.
The early-termination right under CC § 1946.7
California law gives survivors a statutory right to break a residential lease without penalty if they are victims of:
- Domestic violence (as defined in Penal Code § 13700 and Family Code § 6211)
- Sexual assault (Penal Code § 261, 261.5, 286, 287, or 289)
- Stalking (Penal Code § 646.9)
- Human trafficking (Penal Code § 236.1)
- Abuse of an elder or dependent adult (Welfare & Institutions Code § 15610.07)
- A violent or serious crime that results in great bodily injury or includes the use of a firearm
How to invoke the right
Serve written notice on the landlord that you intend to terminate the tenancy under CC § 1946.7. The notice must:
- Be in writing.
- Identify the statute (CC § 1946.7).
- Include qualifying documentation: a copy of a temporary or permanent restraining order, a copy of a police report dated within 180 days of the notice (or with qualifying language); OR a written statement from a qualified third party (sworn peace officer, licensed medical professional, mental health professional, sexual assault counselor, domestic violence counselor, or human trafficking counselor) describing the abuse.
- State the termination date, at least 14 days after delivery of the notice.
If served properly, the tenant is responsible for rent through the termination date and no further. The landlord cannot enforce a lease-break fee, early-termination penalty, or remaining-term obligation against the survivor.
Lock-change rights, CC § 1941.6
If the survivor remains in the unit and wants the locks changed, CC § 1941.6 requires the landlord to change the locks within 24 hours of receiving a written request supported by the same qualifying documentation. The landlord can charge actual reasonable cost (typically $50–$150). If the landlord fails to act within 24 hours, the tenant may change the locks at the landlord’s expense.
Protection from eviction, CC § 1161.3
CC § 1161.3 prohibits a landlord from evicting a tenant because:
- The tenant or a household member is or has been a victim of one of the qualifying crimes.
- The basis for the eviction is an act committed by the perpetrator of the abuse, not the tenant.
This is a complete affirmative defense in an unlawful detainer case. Police reports, restraining orders, and counselor statements should be assembled and presented at trial.
Co-tenant scenarios
If the abuser is a co-tenant, CC § 1946.7(j) lets the survivor terminate the lease as to themselves. A domestic violence restraining order with a residence exclusion order can also remove the abuser from the home. Family Code § 6321 provides the legal basis. For DVROs in LA County, file Form DV-100 at the courthouse closest to the residence.
Federal VAWA protections (HUD housing)
If you are in HUD-assisted housing (Section 8 voucher, project-based Section 8, public housing, LIHTC, USDA rural housing, certain HOPWA programs), the Violence Against Women Act adds protections layered on top of state law: prohibition on eviction based on being a victim, right to an emergency transfer, and right to bifurcate the lease (remove the abuser without losing housing assistance). The HUD form HUD-5382 is the self-certification form.
Resources in Los Angeles
- LA County Domestic Violence Hotline: 1-800-978-3600
- Peace Over Violence: 1-310-392-8381 (around-the-clock hotline)
- LACAAW Sojourn Shelter
- Sheriff and LAPD have domestic violence units that can document for CC § 1946.7 purposes.
- Bet Tzedek and Public Counsel offer free legal services for LA County survivors facing housing issues.
What to do right now
- Get safe first. The legal mechanisms exist to support that, they don’t come first.
- Gather qualifying documentation: police report, restraining order, or counselor statement.
- Decide: terminate the lease (1946.7) and move, or stay and request lock change (1941.6) plus DVRO with residence exclusion.
- If a UD has been filed against you and any of these protections apply, raise them as affirmative defenses (CC § 1161.3) in the Answer.
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