Question 1

Can a domestic violence victim end a lease early in California?

Accepted Answer

In California, a tenant who, or whose household or immediate family member, was the victim of domestic violence, sexual assault, stalking, human trafficking, elder or dependent adult abuse, or certain violent crimes may end the tenancy with a written notice given within 180 days of the act, order or report, attaching a protective order, a peace officer’s report, a qualified third party’s signed statement or other documentation that reasonably verifies the act, and owes rent for no more than 14 calendar days after the notice. The tenant is released without penalty from any further rent or other payment under the lease, and the rent owed is prorated if the unit is relet sooner. The landlord may not require the tenant to forfeit any security deposit or advance rent because of the termination, and the tenant is not considered to have breached the lease. The landlord may not disclose information the tenant provides under the section to a third party unless the tenant consents in writing or the law or a court requires it. Other tenants who are not the victim or the victim’s household remain bound by the lease. A landlord may not refuse to rent to someone because they previously used this right, and a landlord who violates the section is liable for actual damages and statutory damages of $100 to $5,000. This is Cal. Civ. Code § 1946.7.

Question 2

Can a domestic violence victim end a lease early in Texas?

Accepted Answer

In Texas, a tenant who is a victim of family violence, or whose occupant is, may end a lease and avoid liability for future rent by giving the landlord a copy of a family violence protective order or documentation from a licensed health care or mental health provider or a victim advocate, plus written notice of termination at least 30 days before the termination date, and then moving out. The right takes effect once the documentation and notice have been given, the 30th day after the notice has passed and the tenant has vacated. If a cotenant or occupant committed the family violence, the 30-day notice is not required. The tenant remains liable for delinquent rent owed before the termination, unless the lease lacks the statutory sentence telling tenants they may have special rights to terminate early in situations involving family violence, in which case that delinquent rent is released too. A landlord who violates the section is liable for actual damages, a civil penalty of one month’s rent plus $500, and attorney’s fees, and the tenant cannot waive the right. A parallel section gives the same right, on the same 30-day notice, to a tenant who is a victim, or the parent or guardian living with a victim, of sexual assault, aggravated sexual assault, certain sex offenses against a child or a disabled individual, or an attempt at one of them within the preceding six months, or of stalking on the premises within that period, and bars disclosure of the documentation except for a legitimate business purpose or as the law requires. This is Tex. Prop. Code §§ 92.016, 92.0161.

Question 3

Can a domestic violence victim end a lease early in New York?

Accepted Answer

In New York, a tenant who is, or has a household member who is, a victim of domestic violence and reasonably fears remaining may end the lease by written notice naming a termination date at least 30 days after delivery, then give documentation within 25 days. The notice must state that the tenant or a household member has experienced domestic violence and reasonably believes they cannot safely remain, and a notice sent by first class mail is deemed delivered five days after mailing. Documentation may include a temporary or final order of protection, a law enforcement record, complaint or report, a health care provider’s record, or a written verification from a qualified third party such as a police officer, court employee, attorney, licensed clinician, domestic violence agency worker or member of the clergy. The tenant pays prorated rent up to the termination date, is not liable for rent after it, and is entitled to a refund of prepaid rent for the later period within ten days of delivering the notice, as long as the tenant has vacated. The landlord may not withhold any part of the security deposit because the tenant used this right. Information obtained in the process must be kept confidential, and the landlord may not describe the termination as an early termination to a prospective landlord or any third party. Where other tenants are on the lease, the landlord may not terminate or sever the co-tenancy without their consent and must give them at least thirty days from the termination date to decide. A landlord who knowingly or intentionally violates the section may be liable for liquidated damages of up to one thousand dollars, actual damages, costs and attorneys’ fees, and a lease waiver of these rights is void. This is N.Y. Real Prop. Law § 227-c.

Question 4

Can a domestic violence victim end a lease early in Illinois?

Accepted Answer

In Illinois, a tenant who moves out because of a credible imminent threat of domestic or sexual violence at the premises, and gives the landlord written notice of that reason before or within 3 days of vacating, is not liable for rent for the period after vacating. The protection is an affirmative defense the tenant proves by a preponderance of the evidence in the landlord’s action for rent. Where the tenant or a household member was a victim of sexual violence on the premises, the notice must state the date of the violence, the tenant must give the landlord medical, court or police evidence or a statement from a victim services or rape crisis organization, and the violence must have occurred not more than 60 days before the notice. The tenant still owes rent for the time before vacating and giving notice. On written request with evidence of a credible imminent threat, the landlord must change the locks or let the tenant change them within 48 hours, and may charge no more than the reasonable customary price (765 ILCS 750/20). A landlord may not disclose to a prospective landlord that a tenant exercised these rights or any information the tenant provided (765 ILCS 750/27). The Act does not apply to public housing, except the tenant-based Housing Choice Voucher program (765 ILCS 750/35). This is 765 ILCS 750/15, 750/20, 750/27, 750/35.

Question 5

Can a domestic violence victim end a lease early in Georgia?

Accepted Answer

In Georgia, a tenant protected, or whose minor child is protected, by a civil or criminal family violence order or a civil or criminal stalking order may end the residential lease effective 30 days after giving the landlord written notice of termination, accompanied by a copy of the order. If the order is an ex parte temporary protective order, the notice must also include a copy of the police report. The tenant may stay until the termination takes effect and owes rent prorated to the effective date, payable when it would otherwise be due, plus any delinquent rent or other sums owed before termination, but no other fees, rent or damages for the early termination. A termination given 14 or more days before occupancy carries no damages or penalties of any kind. The right also protects a joint tenant who had no obligation to pay rent, and it cannot be waived or modified by agreement. This is O.C.G.A. § 44-7-23.

Question 6

Can a domestic violence victim end a lease early in North Carolina?

Accepted Answer

In North Carolina, a tenant or household member who is a victim of domestic violence, sexual assault or stalking may end the lease with written notice effective at least 30 days after the landlord receives it, accompanied by a non-ex parte protective order, a criminal no-contact order or an Address Confidentiality Program card. A victim of domestic violence or sexual assault must also submit a safety plan, dated during the tenancy, from a qualifying domestic violence or sexual assault program that recommends relocation. The tenant owes rent prorated to the effective date of termination, payable when the rental agreement would have required it, and is not liable for any other rent or fees due only to the early termination. A tenant who terminates 14 days or more before occupancy is not subject to any damages or penalties. Any remaining tenants keep their tenancy, and a perpetrator excluded from the unit by court order remains liable under the lease with any other tenant for rent or damages. These rights may not be waived or modified by agreement. This is N.C. Gen. Stat. § 42-45.1.

Question 7

Can a domestic violence victim end a lease early in Michigan?

Accepted Answer

In Michigan, a tenant with a reasonable apprehension of present danger to the tenant or the tenant’s child from domestic violence, sexual assault or stalking is released from paying rent no later than the first day of the second month that rent is due after the tenant sends written notice by certified mail with a written statement and documentation. Documentation is one or more of: a valid personal protection order or foreign protection order, or an order removing an abusive person from the home, still in effect; a valid probation, conditional release or parole order still in effect with conditions such as no contact with the tenant or child; a written police report that resulted in charges filed not more than 14 days before the notice (or more than 14 days before, if the tenant also shows a verifiable threat of present danger); or a report in the statutory form verified by a qualified third party, meaning a sexual assault or domestic violence counselor, a licensed or registered health professional, a mental health professional, or clergy of a listed tax-exempt religious institution. The release does not take effect before the tenant vacates and does not apply to prepaid amounts such as first and last months’ rent, and the landlord may still withhold the security deposit as the security deposit law allows. The landlord may not intentionally reveal the tenant’s forwarding address or documentation to the person the tenant identified as the source of the danger. Other tenants on the same rental agreement remain bound by it. The lease may carry the statutory notice of these rights; if it does not, the landlord must post it in the property management office or deliver it when the lease is signed. This is MCL 554.601b.

Question 8

Can a domestic violence victim end a lease early in New Jersey?

Accepted Answer

In New Jersey, a tenant may end a residential lease early by giving the landlord written notice that the tenant or the tenant’s child faces an imminent threat of serious physical harm from a named person if the tenant stays, together with a restraining order or other listed documentation of domestic violence, and the lease ends on the thirtieth day after the landlord receives it, with rent owed pro rata up to then. The documentation may be a certified copy of a permanent restraining order issued under the Prevention of Domestic Violence Act of 1991 or by another jurisdiction, protecting the tenant from the person named in the notice; a law enforcement agency record documenting the domestic violence or certifying that the tenant or the tenant’s child is a victim; medical documentation from a health care provider; a certification by a certified Domestic Violence Specialist or the director of a designated domestic violence agency; or other documentation or certification by a licensed social worker. The landlord and tenant may agree on an earlier termination date. The lease ends only if the victim acts in good faith and follows every requirement. Co-tenants’ lease also ends, though the landlord may offer them a new lease or let them hold over. The landlord may not disclose the documentation, enter it into any shared database or give it to anyone, except as evidence when required in an eviction or an action for unpaid rent or damages, with the tenant’s consent, or as otherwise required by law. The rights cannot be waived in a lease. For public housing or a publicly funded housing assistance contract, notice follows the applicable regulations and State or federal law. The rules do not apply to a seasonal rental of not more than 125 consecutive days. This is N.J.S.A. 46:8-9.6, 46:8-9.7, 46:8-9.8, 46:8-9.9, 46:8-9.11, 46:8-9.12.

State	Ending the lease early	Source
Arizona	Release within 30 days with a protective order or report	A.R.S. § 33-1318
California	Written notice with an order or report; 14 days’ rent	Cal. Civ. Code § 1946.7
Colorado	Written notice with evidence; at most one month’s rent	C.R.S. § 38-12-402
Connecticut	30 days’ notice with a police, court or advocate record	Conn. Gen. Stat. § 47a-11e
Delaware	30 days’ written notice, counted from the next month	25 Del. C. § 5314
District of Columbia	Released 14 days after notice with an order or report	D.C. Code § 42-3505.07
Georgia	30 days’ written notice with a protective or stalking order	O.C.G.A. § 44-7-23
Hawaii	14 days’ notice with an order or advocate’s statement	Haw. Rev. Stat. § 521-80
Illinois	Written notice within 3 days of moving out	765 ILCS 750/15, 750/20, 750/27, 750/35
Indiana	30 days’ notice with a protection order	Ind. Code §§ 32-31-9-1, 32-31-9-3, 32-31-9-7, 32-31-9-8, 32-31-9-9, 32-31-9-10, 32-31-9-11, 32-31-9-12, 32-31-9-13, 32-31-9-14
Kansas	Give a statement; owe no rent after moving out	K.S.A. 58-25,137
Kentucky	30 days’ written notice with a protective order	KRS 383.300
Louisiana	Written request with a protective order or certification	La. R.S. 9:3261.1
Maine	7 or 30 days’ written notice with documentation	14 M.R.S. §§ 6001, 6025
Maryland	30 days to vacate after notice with an order or report	Md. Code, Real Prop. §§ 8-5A-02, 8-5A-03, 8-5A-05
Massachusetts	Written notice, then move out within 3 months	M.G.L. c. 186, §§ 24, 25, 26
Michigan	Certified-mail notice; rent ends by the 2nd month	MCL 554.601b
Minnesota	Advance written notice; rent owed for the final month	Minn. Stat. § 504B.206
Missouri	No rent after moving out; a reasonable fee may apply	Mo. Rev. Stat. § 441.920
Nebraska	14–30 days’ notice with an order or certification	Neb. Rev. Stat. §§ 76-1431.01, 76-1431
Nevada	Written notice; ends at period end or in 30 days	NRS 118A.345
New Hampshire	Give verification, then move out within 30 days	RSA 540:11-b
New Jersey	Notice plus a restraining order or report; ends in 30 days	N.J.S.A. 46:8-9.6, 46:8-9.7, 46:8-9.8, 46:8-9.9, 46:8-9.11, 46:8-9.12
New York	30 days’ notice, proof of abuse within 25 days	N.Y. Real Prop. Law § 227-c
North Carolina	30 days’ notice with a protective or criminal order	N.C. Gen. Stat. § 42-45.1
North Dakota	Advance written notice; owe that month plus one more	N.D. Cent. Code § 47-16-17.1
Oklahoma	Written notice and protective order within 30 days	41 O.S. § 111
Oregon	14 days’ notice with a protective order or verification	ORS 90.453, 90.459
Rhode Island	Written verification, then move out within 30 days	R.I. Gen. Laws §§ 34-18-63, 34-18-65
South Carolina	Written notice with an order; effective in 30 days	S.C. Code §§ 27-40-350, 27-40-210
South Dakota	Written notice with a recent police report or order	SDCL §§ 43-32-19.1, 43-32-19.2
Tennessee	Order of protection or charge; release within 30 days	Tenn. Code § 66-7-112
Texas	30 days’ notice with a protective order or documentation	Tex. Prop. Code §§ 92.016, 92.0161
Utah	Written notice, court order or police report, 1 month fee	Utah Code § 57-22-5.1
Vermont	30 days’ written notice with supporting documentation	9 V.S.A. §§ 4472, 4473, 4474
Virginia	Notice effective 28 days later, with the order or charge	Va. Code § 55.1-1236
Washington	Order or third-party report; ask within 90 days of the act	RCW 59.18.575
Wisconsin	Notice with a certified injunction, release order or charge	Wis. Stat. § 704.16
Wyoming	7 days’ written notice; a defense to later rent	Wyo. Stat. §§ 1-21-1303, 1-21-1304

Can a domestic violence victim end a lease early?

Ending the lease early, state by state

The answer in full, for the biggest rental markets