Ending a Lease Early Because of Domestic Violence: State Rules
How tenants who are victims of domestic violence can end a lease early in California, New York, Texas and Washington, and what a landlord must do.
By Seayora Editorial Team · Published · Facts checked · 5 min read
Short answer: Many states let a tenant who is a victim of domestic violence end a lease early without penalty. California requires written notice with a protective order or a qualified third party’s statement within 180 days, and the tenant owes no more than 14 days’ rent after notice; New York requires at least 30 days’ notice and documentation within 25 days; Texas releases future rent once 30 days have passed after notice with an order or documentation; and Washington allows termination within 90 days of the incident.
Key takeaways
- California: written notice within 180 days with an order or a qualified third party’s statement; rent for no more than 14 days after notice; the deposit may not be forfeited (Civ. Code § 1946.7).
- New York: a termination date at least 30 days after notice, documentation within 25 days, rent prorated to that date, and confidentiality (Real Prop. Law § 227-c).
- Texas: an order or documentation from a health care provider, mental health provider or advocate, and 30 days after written notice (Prop. Code § 92.016).
- Washington: an order or a qualified third party’s signed record, with the request made within 90 days of the incident (RCW 59.18.575).
- In federally assisted housing, VAWA adds protections of its own.
Can a tenant break a lease because of domestic violence?
In many states, yes, without the usual liability for the rest of the lease. The statutes share a shape: written notice to the landlord, proof in a form the statute lists, a short period of rent after notice, and release from rent after that. They differ in the documents they accept, the deadlines, and what else they cover, such as sexual assault and stalking. The four states below are among the most detailed; check the law where the home is.
| State | Notice and timing | Proof the statute accepts | Source |
|---|---|---|---|
| California | Written notice within 180 days of the order, report or act; rent for no more than 14 days after notice | Protective order, police report, qualified third party’s statement, or other reasonable verification | Civ. Code § 1946.7 |
| New York | Termination date at least 30 days after notice; documentation within 25 days | Order of protection, police or health care record, or a qualified third party’s written verification | Real Prop. Law § 227-c |
| Texas | Written notice; release begins after 30 days and move-out | Protective order, or documentation from a health care or mental health provider or an advocate | Prop. Code § 92.016 |
| Washington | Request within 90 days of the act that led to the order or report | Protection order, or a written record signed by a qualified third party | RCW 59.18.575 |
What does California require?
A tenant may give notice if the tenant, a household member or an immediate family member was the victim of domestic violence, sexual assault, stalking, human trafficking or another listed act. The notice must be in writing with a protective order, a police report, a statement from a qualified third party such as a health practitioner or domestic violence counselor, or other documentation that reasonably verifies the act, and must be given within 180 days. The tenant then owes rent “for no more than 14 calendar days following the giving of the notice,” is released from any further rent or payment obligation, cannot be made to forfeit the security deposit, and is not treated as having breached the lease. A landlord may not refuse to rent to someone because they used this right, and statutory damages run from $100 to $5,000 (Cal. Civ. Code § 1946.7).
What does New York require?
The tenant gives written notice to the landlord, and to co-tenants other than the person who committed the violence, stating that the tenant reasonably believes they cannot safely remain, with a termination date “no earlier than thirty days after such notice is delivered”; a mailed notice is deemed delivered five days after mailing. Within 25 days the tenant provides documentation, such as an order of protection, a police or health care record, or a qualified third party’s written verification. Rent is paid pro rata to the termination date, prepaid rent for later periods is refunded within ten days, and information about the termination and the tenant’s status must be kept confidential unless the tenant authorizes its release or the law requires it (N.Y. Real Prop. Law § 227-c).
What does Texas require?
The tenant provides a copy of a protective order or emergency protection order, or documentation from a licensed health care or mental health provider who examined the victim or an advocate who assisted them, and gives written notice of termination. The release from future rent begins once the 30th day after notice has passed and the tenant has moved out; when a co-tenant or occupant of the home committed the violence, the written 30-day notice is not required. 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 (Tex. Prop. Code § 92.016).
What does Washington require?
A tenant who notifies the landlord in writing that they or a household member were a victim of domestic violence, sexual assault, unlawful harassment or stalking, and who has a protection order or a signed record of a report to a qualified third party, may terminate the rental agreement and leave “without further obligation under the rental agreement,” provided the request comes within 90 days of the act that led to the order or report (RCW 59.18.575).
What should a landlord do when a tenant asks?
- Read the request against your state’s statute and accept the documents it lists; do not demand more.
- Keep the request and its documents separate from the ordinary tenant file and share them only as the law allows.
- Work out the last rent date the statute sets and confirm it in writing.
- Handle the deposit as you would for any tenancy that ends, without a penalty for the early end.
- In federally assisted housing, follow the VAWA procedures as well; see our VAWA guide.
Frequently asked questions
How much rent does a tenant owe after giving domestic violence notice in California?
No more than 14 calendar days of rent after the notice, or a shorter period if the lease or Civil Code § 1946 provides one. The tenant is then released from further rent and cannot be made to forfeit the deposit.
Can a landlord ask for a police report?
A landlord may require the documentation the statute lists, but the statutes accept alternatives such as a protective order or a qualified third party’s statement. A police report is not required in the four states covered here.
Must the landlord keep the information confidential?
New York requires it unless the tenant authorizes release or the law requires disclosure. Treat it as confidential everywhere; it is among the most sensitive records a landlord holds.
State-by-state rules
- How much notice must a landlord give to end a tenancy? — compared across 47 states and the District of Columbia
Sources
- California Civil Code § 1946.7, California Legislative Information
- N.Y. Real Property Law § 227-c, Termination of residential lease by victims of domestic violence, New York State Senate
- Texas Property Code Chapter 92 (§ 92.016), Texas Legislature
- RCW 59.18.575, Victim protection — Notice to landlord — Termination of rental agreement, Washington State Legislature
How Seayora helps
Lease renewals and endings: Record a lease ending early with its date, compute the last rent date and close out the deposit on the state’s deadline.
This article is general information, not legal advice. Landlord-tenant law varies by state and city and changes often, so check the current rule for your property and talk to an attorney before acting on a dispute.
How we write and check these guides: editorial standards.
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