Court Opinions

State Laws

US Code

US Constitution

California Civil Code Section 1946.7

Legal Research Home > California Lawyer > Civil Code > California Civil Code Section 1946.7

(a) A tenant may notify the landlord that he or she or a
household member was a victim of an act that constitutes an act of
domestic violence as defined in Section 6211 of the Family Code,
sexual assault as defined in Sections 261, 261.5, 262, 286, 288a, or
289 of the Penal Code, or stalking as defined in Section 1708.7, and
that the tenant intends to terminate the tenancy.
   (b) A notice to terminate a tenancy under this section shall be in
writing, with one of the following attached to the notice:
   (1) A copy of a temporary restraining order or emergency
protective order lawfully issued pursuant to Part 3 (commencing with
Section 6300) or Part 4 (commencing with Section 6400) of the Family
Code, Section 136.2 of the Penal Code, Section 527.6 of the Code of
Civil Procedure, or Section 213.5 of the Welfare and Institutions
Code that protects the tenant or household member from further
domestic violence, sexual assault, or stalking.
   (2) 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 or the household member is a victim of
domestic violence, sexual assault, or stalking.
   (c) The notice to terminate the tenancy shall be given within 60
days of the date that any order described in paragraph (1) of
subdivision (b) was issued, within 60 days of the date that any
written report described in paragraph (2) of subdivision (b) was
made, or within the time period described in Section 1946.
   (d) If notice to terminate the tenancy is provided to the landlord
under this section, the tenant shall be responsible for payment of
rent for 30 days following the giving of the notice, or within the
appropriate period as described in Section 1946, and thereafter shall
be released from any rent payment obligation under the rental
agreement without penalty.  Existing law governing the security
deposit shall apply.
   (e) If within the 30 days following the giving of the notice under
this section the tenant quits the premises and the premises are
rented to another party, the rent due on the premises for that 30-day
period shall be prorated. Existing law governing the security
deposit shall apply.
   (f) Nothing in this section relieves a tenant, other than the
tenant who is, or who has a household member who is, a victim of
domestic violence, sexual assault, or stalking and members of that
tenant's household, from their obligations under the rental
agreement.
   (g) "Household member" as used in this section means a member of
the tenant's family who lives in the same household as the tenant.

Last modified: January 12, 2009