Scotts Valley, CA asked in Domestic Violence and Landlord - Tenant for California

Q: Is the perpetrator of domestic violence excused from lease deposit/rent in California?

Our co-tenants split up at month 8 of a one-year California residential lease, with one claiming to be the victim of domestic abuse.

The victim has moved out & exited the lease early, citing California Civil Code 1946.7, requesting all the deposit back early as well as a refund on most recent rent paid.

The alleged perpetrator remains in the home uncommunicative. The lease had no joint/several language.

What happens to the deposit?

The victim is requesting a refund of the entire deposit now. Normally any deposit returned would go to both tenants on the same check at end of lease.

What happens to the rent paid for the current month?

The victim is requesting that the rent paid for the current month is refunded. The victim notified us 5 days after rent was paid.

Does the Code call for 'refunds' of rent, and if so, to who? And if so, does that mean that we give some (roughly half) of the advance rent back to the victim? Or to the alleged perpetrator?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, victims of domestic violence have certain rights when it comes to ending a residential lease early. California Civil Code section 1946.7 allows a victim of domestic violence to terminate their lease agreement without penalty if certain conditions are met. These conditions include obtaining a restraining order or a police report documenting the domestic violence, and providing written notice of the intention to terminate the lease.

In this case, the victim has moved out and invoked the protections of section 1946.7, requesting a refund of the entire deposit and rent paid for the current month. It is important to note that the alleged perpetrator of domestic violence does not have an automatic right to be excused from the lease deposit and rent payments.

The deposit should be returned according to the terms of the lease agreement. If the lease agreement does not specify how the deposit should be returned in the event of a tenant leaving early, the landlord should return the deposit to both tenants on the same check at the end of the lease. However, in this situation where the victim is invoking their rights under section 1946.7, it is possible that the victim may be entitled to the full deposit.

As for the rent paid for the current month, the victim is requesting a refund. While California Civil Code section 1946.7 does not specifically address refunds of rent, the victim may have a valid claim for a prorated refund of the rent paid for the time period after they moved out. However, it is ultimately up to the landlord to determine how to handle this situation, and they should consult with an attorney or legal expert for guidance.

It is important to handle situations involving domestic violence with care and sensitivity. Landlords should make sure they are familiar with the relevant laws and seek legal advice if necessary to ensure they are acting in compliance with California law.

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