Domestic Violence in Rental Housing

Studies show that domestic violence is a widespread problem impacting one in three households in the
United States in all communities. The reports also demonstrate that stable, safe housing is a public
safety issue, a critical element to ensure the safety of domestic violence and stalking victims. California
law has made clear that domestic violence and stalking victims should not lose their housing simply
because they are being abused and should not be forced to leave their homes because they report the
abuse. At the same time, however, California law allows landlords to evict domestic violence and
stalking victims based upon complaints of noise, fighting, or repeated visits from the police to a victim's
residence, even though the visits are a result of crimes committed against the victim.

It is critical for rental property owners to develop policies and procedures that balance the needs of
tenants' peaceful enjoyment of the property while considering the safety and fair housing rights of victims
of domestic violence. CAA has adopted a policy to help guide landlords with this challenging issue. A
link to the policy is provided in the reference section at the conclusion of this Insight.

Overview of California Law

California law gives a tenant a number of protections and options when he/she is a victim of domestic
violence. 1 First, with certain exceptions, a landlord may not terminate a tenancy or fail to renew a
tenancy based solely upon an act or acts against a tenant or a tenant’s household member that
constitutes domestic violence. This specific protection for the victim applies when the perpetrator of the
violence is not a tenant in the same dwelling unit as the victim. Second, victims of domestic violence
have the right to have the locks changed on their units. Third, victims of domestic violence and members
of their household have the right to terminate a lease when they provide specific documentation to the
landlord that demonstrates they are a victim of domestic violence that was perpetrated against them by a
co-tenant, neighbor in the building, or a non-tenant of the building.

Documentation

Tenants can demonstrate to the landlord that they are victims of domestic violence in one of the following
ways:

 A temporary restraining order or emergency protective order lawfully issued within the last 180
days. 2

1
Domestic violence as defined in Section 6211 of the Family Code, sexual assault as defined in Section 1219, or stalking as
defined in Section 1708.7 of the Civil Code or Section 646.9 of the Penal Code
2
Pursuant to Section 527.6, Part 3 (commencing with Section 6240), Part 4 (commencing with Section 6300), or Part 5
(commencing with Section 6400) of Division 10 of the Family Code, Section 136.2 of the Penal Code, or Section 213.5 of the
Welfare and Institutions Code that protects the tenant or household member from domestic violence, sexual assault, or stalking.

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  A copy of a written report, written within the last 180 days, 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, or stalking.

Protection from Eviction & Exceptions

A landlord may not terminate a tenancy or fail to renew a tenancy based solely upon an act or acts
against a tenant or a tenant’s household member that constitute(s) domestic violence. This specific
protection for the victim applies when the perpetrator of the violence is not a tenant in the same dwelling
unit as the victim. However, a landlord may terminate or decline to renew a tenancy if one of the
following incidents have occurred:

 The Tenant allows the perpetrator to visit the property - The tenant allows the person against
whom the protection order has been issued or who was named in the police report of the act or
acts of domestic violence, sexual assault, or stalking to visit the property; or

 The Landlord believes the perpetrator presents a risk - The landlord reasonably believes that
the presence of the person against whom the protection order has been issued or who was
named in the police report that outlines the act or acts of domestic violence, sexual assault, or
stalking poses a physical threat to other tenants, guests, invitees, or licensees, or to a tenant's
right to quiet possession of the property. 3

The landlord must have previously issued a 3-day notice to the tenant to correct the violation before
proceeding with an eviction. 4

Changing the Locks

For leases or rental agreements executed on or after January 1, 2011, a landlord must change the locks
of a protected tenant’s (a victim of domestic violence) dwelling unit upon a written request by that tenant
no later than 24 hours after the protected tenant gives the landlord a copy of a court order that excludes
the perpetrator – a co-tenant - from the same dwelling unit as the protected tenant.

If the perpetrator is not a tenant who lives in the same dwelling unit, the protected tenant may provide a
court order or a police report to the landlord.

The landlord must give the protected tenant a key to the new lock(s).

If a landlord fails to change the locks within 24 hours, the protected tenant may change the locks without
the landlord's permission, notwithstanding any provision in the lease to the contrary.

If the tenant changes the locks, the tenant must do all of the following:

 Change the locks in a workmanlike manner with locks of similar or better quality than the original
lock.

 Notify the landlord within 24 hours that the locks have been changed; and

3
Pursuant to Civil Code Section 1927.
4
See CAA form 11.0 - Three Day Notice to Perform Conditions and/or Covenants or Quit.

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  Provide the landlord with a key by any reasonable method agreed upon by the landlord and
victim.

A person who is a tenant (the perpetrator) and who has been excluded from a dwelling unit under this
law remains liable under the lease with all other tenants of the dwelling unit for rent as provided in the
lease.

Landlord Liability Protection

Notwithstanding any provision in the lease to the contrary, the landlord shall not be liable to any other
tenants for any action that arises due to the landlord's compliance with this law.

If the locks are changed pursuant to this law, the landlord is not liable to a person excluded from the
dwelling unit.

Tenant’s Right to Terminate Lease

A tenant or other household member who has been a victim of domestic violence and who wishes to
terminate the lease must notify the property owner in writing of his/her intent to vacate.

At the time the written notice is provided by the tenant to the property owner, the tenant must attach
documentation that substantiates the incident. State law recognizes only specified documents that will
meet this legal requirement:

 A copy of a lawfully issued temporary restraining order or emergency protective order that
protects the tenant from further domestic violence, sexual assault, or stalking; or

 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 is a victim of domestic violence, sexual assault, or stalking.

Timeline for Providing Termination Notice

The tenant or other household member who has been a victim of domestic violence must make a request
to the property owner to prematurely terminate the tenancy within 60 days of the date the restraining
order was issued or the police report was made.

The Tenant’s Obligation to Pay Rent

Once notice of the early lease termination is provided to the property owner by the tenant or household
member who was the victim of domestic violence, the tenant is responsible for the payment of rent for 30
days following the written notice. After that time, the victim is legally released from any rent payment
obligation under their rental agreement without penalty. If there are other tenants in the unit, their
obligation to pay rent continues to the end of the lease. If the tenant quits the premises and the
premises are re-rented by the property owner within the 30 days after the victim provides the written
notice of termination, the rent due for that 30-day period must be prorated.

The security deposit law has not changed. Under existing law, the owner is not obligated to return any
portion of the security deposit until the owner regains possession of the unit.

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CAA has created Form 21.2 - 30-Day Notice of Resident’s Intent to Vacate-Domestic Violence -that an
owner can provide to a tenant who wishes to terminate the lease due to domestic violence. A tenant
may not be required to the use the form, however.

Remaining Tenants

Other tenants who live in the rental unit with the victim but who are not victims of the domestic violence,
sexual assault, or stalking are not released from their obligations of tenancy under the rental agreement.

Under current law, nuisance creates a basis for unlawful detainer. The law creates a rebuttable
presumption that a person who commits an act of domestic violence, sexual assault, or stalking against
another tenant or subtenant on the premises has committed a nuisance, if the victim tenant subsequently
vacates the premises. This rebuttable presumption will sunset on January 1, 2012, unless extended by
future legislation.

Related Items and Information

 AB 2052 (Lieu), Chapter 440, Stats 2008
 SB 782 (Yee), Chapter 626, Stats 2010
 California Civil Code Sections 1941.5, 1941.6, 1946.7
 California Code of Civil Procedure Section 1161, 1161.3
 Penal Code Sections 261, 261.5, 262, 286, 288a, 289 and 1708.7
 CAA form 11.0 - Three Day Notice to Perform Conditions and/or Covenants or Quit
 CAA Form 21.2 – 30 Day Notice to Vacate-Domestic Violence
 CAA’s Policy Statement #13 - Domestic Violence -
http://www.caanet.org/WorkArea/linkit.aspx?LinkIdentifier=id&ItemID=556&libID=576

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