California Tenant Rights: Domestic Violence Protections

If you’re a renter in California experiencing domestic violence, knowing your rights can help you stay safe in your home. California has strong legal protections for tenants facing domestic violence, including the right to change locks, break a lease without penalty, and protection from eviction. These laws aim to balance the safety needs of tenants with the rights of landlords, ensuring everyone can navigate difficult situations fairly.

Your Rights as a Tenant Experiencing Domestic Violence

California state law gives special protections to tenants who are survivors of domestic violence, sexual assault, stalking, human trafficking, or elder/dependent adult abuse. These legal options are designed to help you protect yourself and your household without risking your housing.

Key Protections Under California Law

• Right to Change Locks: You can request that your landlord change the locks on your unit after providing the proper documentation.
• Early Lease Termination: You may end your lease early with written notice and proof of abuse, avoiding penalties such as lost security deposits or ongoing rent.
• Protection from Eviction: Landlords cannot evict you solely due to incidents of domestic violence against you.

These protections are found in the California Civil Code Section 1946.7 and related statutes.^[1]

How to Request a Lock Change

If you need the locks changed for safety, California law allows you to request this from your landlord. Here’s how:

• Provide your landlord with a written request for a lock change.
• Include a copy of a restraining order or a police report (from the last 180 days) showing you are protected from domestic violence or another covered crime.

If your landlord does not respond within 24 hours, you may change the locks yourself, but you must give your landlord a key to the new lock.^[1]

Official Form: Request to Change Locks

• Form Name: N/A (No standardized statewide form—provide written notice and documentation to landlord)
• When to Use: If you feel unsafe and want the locks changed after a domestic violence incident. For example, Maria, after receiving a restraining order against her partner, writes a notice to her property manager and includes a copy of her restraining order.
• Where to Learn More: Read more on the California Department of Real Estate’s Guidance on Domestic Violence Protections.

Ending Your Lease Early Due to Domestic Violence

California law permits tenants who are survivors of domestic violence to break a lease without penalty. You must:

• Give written notice to your landlord stating your intention to end the tenancy early due to domestic violence.
• Include a copy of one of the following:
• A temporary restraining order, emergency protective order, or protective order
• A police report (dated within the last 180 days)
• A report from a qualified third party such as a medical professional or counselor

You remain responsible for rent up to 14 days after giving notice. For more details, see the California Civil Code Section 1946.7.^[1]

Official Form: Lease Termination Due to Domestic Violence

• Form Name: N/A (No mandatory statewide form—submit a written notice with required documentation)
• When to Use: If you need to leave your apartment for safety. For example, Chris delivers a written letter and a copy of their protective order to end the lease early after experiencing abuse.
• Where to Learn More: Visit the California Civil Rights Department’s Domestic Violence Housing Protections FAQ.

Where to Get Help: Tribunals and Enforcement

Tenant-landlord disputes, including those stemming from domestic violence situations, may be handled by your local Superior Court or small claims court. For housing complaints or discrimination issues, California tenants can turn to the California Civil Rights Department.

• Residential Tribunal/Agency: California Civil Rights Department (CRD)
• File a housing complaint with the CRD
• Learn more at the California Department of Real Estate's Tenant Resources

FAQ: California Domestic Violence Protections for Renters

1. Can my landlord evict me for calling the police due to domestic violence?
   No. California law prohibits eviction solely because a tenant was the victim of domestic violence or called emergency services for protection.
2. How quickly must my landlord change the locks after my request?
   Your landlord must act within 24 hours after you provide a valid written request with supporting documentation.
3. Do I need a court order to terminate my lease early?
   No. You may also use a police report or documentation from certain qualified professionals as long as it shows recent domestic violence (within 180 days).
4. Will I owe any fees for breaking my lease due to domestic violence?
   No early termination fees are allowed, but you are responsible for rent up to 14 days after providing notice and documentation.
5. Is my information confidential when I give notice?
   Landlords must keep any documentation you provide confidential and cannot share it except as required by law.

Need Help? Resources for Renters

• California Civil Rights Department (CRD): Tenant Rights and Housing Discrimination
• California Department of Real Estate – Domestic Violence Tenant Protections
• California Courts – Domestic Violence Self-Help Center
• FAQ on Domestic Violence Housing Protections (CRD)

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1. California Civil Code Section 1946.7 – Tenant Termination and Lock Change Rights Due to Domestic Violence
2. California Civil Rights Department – CRD Housing Discrimination Complaint Portal
3. California Department of Real Estate – Domestic Violence Protections for Tenants

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