Civil Code 1946.7: Notice, Documentation, and Deposit Rules

California Civil Code 1946.7 lets a tenant end a lease early, without penalty, when the tenant, a household member, or an immediate family member has been the victim of domestic violence, sexual assault, stalking, human trafficking, elder or dependent adult abuse, or certain other violent crimes. The tenant delivers a written notice with supporting documentation, and the lease ends within 14 days.¹

Who Qualifies to Terminate

The statute covers more situations than the label “domestic violence law” suggests. A tenant can invoke Section 1946.7 when the tenant, a household member, or an immediate family member was the victim of any of the following:¹

Domestic violence
Sexual assault
Stalking
Human trafficking
Elder or dependent adult abuse
A crime that caused bodily injury or death
A crime involving a firearm or other deadly weapon
A crime involving force or the threat of force

The last three categories are broad. A tenant robbed at gunpoint in the building, assaulted by a neighbor, or threatened with physical harm may qualify even if the incident is not classified as domestic violence. The victim also does not have to be the person who signed the lease. If a tenant’s child, spouse, or parent living in the household was victimized, the tenant can terminate.

The Documentation You Must Attach

Written notice by itself is not enough. The tenant must attach one of three types of supporting documents:²

A copy of a temporary restraining order, emergency protective order, or other protective order issued by a court.
A written police report from a law enforcement officer confirming that the tenant, household member, or immediate family member filed a report about a qualifying crime.
A statement from a qualified third party working with the victim, confirming that the person is seeking assistance for injuries or abuse from a qualifying crime.

A “qualified third party” under the statute includes physicians, psychiatrists, psychologists, registered nurses, licensed clinical social workers, marriage and family therapists, licensed professional clinical counselors, domestic violence counselors, sexual assault counselors, human trafficking caseworkers, and victim-of-violent-crime advocates. The advocate category covers anyone employed to help crime victims through an organization with a documented history of serving them, or one operating under court or law enforcement supervision.¹

The third-party document follows a two-part form set out in the statute. Part one is the tenant’s statement giving their name, the date of the most recent incident, and a description of what happened. Part two is the professional’s statement confirming that the person reported being a victim and is seeking assistance. If a counselor or advocate signs it rather than a licensed medical professional, it must be on the letterhead of the organization where they work.²

The statute also contains a fourth, self-certification option. It is available, but it costs the tenant something later: if the landlord violates the statute after receiving that form of documentation, the tenant can recover actual damages but not statutory damages. Using one of the three primary documentation types is the stronger route.

How and When to Give Notice

The tenant delivers a written notice to the landlord stating the intent to terminate, with the documentation attached. The statute does not require a particular delivery method. Certified mail or hand delivery with a written acknowledgment gives you proof of the date the landlord received it, and that date matters, because the financial clock starts running from there.

The notice must be given within 180 days of whichever of these applies: the date the protective order was issued, the date the police report was filed, or the date the qualifying crime occurred.¹ The statute also permits notice within the period described in Civil Code 1946, which governs standard lease termination. But the 180-day window is the one built for this situation, and waiting past it weakens your position.

What You Owe After Notice

Once a tenant delivers valid notice with proper documentation, the tenant owes rent for no more than 14 calendar days after the date of the notice. A shorter period applies if the lease or Civil Code 1946 would require one. After that, the tenant is released without penalty from all remaining rent and financial obligations under the lease.¹

If the landlord re-rents the unit before the 14 days are up, the departing tenant’s rent obligation is prorated to cover only the days the unit was actually vacant.¹

Your Security Deposit

The landlord cannot require the tenant to forfeit any security deposit or prepaid rent because of the early termination. The statute explicitly states that a tenant who terminates under this section has not breached the lease.² Some landlords argue that leaving early justifies keeping the deposit. The law says otherwise.

Standard deposit rules still apply. Under Civil Code 1950.5, the landlord has 21 calendar days after the tenant vacates to return the deposit with an itemized statement of any deductions.³ Deductions are limited to unpaid rent, damage beyond normal wear and tear, and cleaning needed to restore the unit to move-in condition. The landlord cannot deduct for future lost rent or the months left on the lease.

Confidentiality and Anti-Retaliation

A landlord who receives documentation under Section 1946.7 cannot share it with anyone unless the tenant gives written consent or a court orders disclosure. The one narrow exception is that the landlord may contact the qualified third party who signed the documentation to verify its contents.²

The statute also protects future housing. A landlord cannot refuse to rent to a prospective tenant, or refuse to continue renting to a current one, because that person previously exercised rights under this law.¹ A future landlord who sees that a prior tenancy ended through a 1946.7 termination cannot use that as grounds for denial.

Separately, Code of Civil Procedure 1161.3 prohibits a landlord from terminating or refusing to renew a tenancy based on an act of violence against the tenant or a household member, once the landlord has received documentation of the abuse. There are limited exceptions, including when the abuser is a co-tenant and the victim does not take steps to exclude them after being asked.⁴

Penalties If the Landlord Violates the Law

A landlord or their agent who violates any part of Section 1946.7 is liable for the tenant’s actual damages plus statutory damages between $100 and $5,000.² Actual damages can include costs the tenant paid because the landlord refused to honor the early termination, wrongfully kept a security deposit, or disclosed confidential documentation. The statutory damages add compensation even when out-of-pocket losses are small. The exception noted earlier applies: a tenant who used the statute’s self-certification option can recover actual damages only.

Co-Tenants Are Not Automatically Released

When one tenant terminates under this law, the remaining co-tenants are not automatically freed from the lease. The statute does not relieve other tenants of their obligations unless they also qualify as victims or are members of the qualifying tenant’s household.² A roommate who is not a household member and was not victimized stays on the lease.

If another co-tenant was also a victim of the same incident, that co-tenant can independently provide their own notice and documentation. Each qualifying person exercises the right separately.

Lock Changes for Safety

A related law lets a victim have the locks changed. Civil Code 1941.5 applies when the person the tenant needs protection from is not a co-tenant. In that situation, the landlord must change the locks within 24 hours of receiving a written request with a court order or police report attached. If the landlord fails to act within 24 hours, the tenant can change the locks, as long as the new locks are of equal or better quality and the tenant gives the landlord a key.⁵

Civil Code 1941.6 covers the harder case, where the restrained person is a co-tenant of the same unit. The landlord must change the locks at the landlord’s expense within 24 hours of receiving a copy of a court order excluding that person. The excluded co-tenant remains liable for rent under the lease. If the landlord misses the 24-hour deadline, the tenant can change the locks and the landlord must reimburse the cost within 21 days.⁶

Federal Protections in Subsidized Housing

Tenants in federally assisted housing have an added layer of protection under the Violence Against Women Act. Under 34 U.S.C. § 12491, a tenant in covered housing cannot be denied assistance, terminated from a program, or evicted because they are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. Covered programs include Section 8, public housing, Low-Income Housing Tax Credit properties, and other federal rental assistance programs.⁷

VAWA also permits housing authorities to split a lease to remove an abuser while keeping the victim housed. If the removed person was the only tenant eligible for the housing program, the remaining household members must be given time to establish their own eligibility or find other housing. Documentation submitted to certify victim status must be kept confidential and cannot be entered into shared databases or disclosed without the tenant’s written consent.⁷

These federal protections run alongside California’s state rights. A tenant in a Section 8 unit can use Civil Code 1946.7 to terminate the lease early and rely on VAWA to prevent the housing authority from treating that termination as a violation that disqualifies them from future assistance.

1
California Legislative Information. California Code CIV 1946.7 – Hiring of Real Property
2
California Legislative Information. California Code CIV 1946.7
3
California Legislative Information. California Code CIV 1950.5
4
California Legislative Information. California Code of Civil Procedure CCP 1161.3
5
California Legislative Information. California Code CIV 1941.5
6
California Legislative Information. California Code CIV 1941.6
7
Office of the Law Revision Counsel. 34 USC 12491 – Housing Protections for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking