sacramento report
Abusers Get Locked Out
by Monica Guillén
A new law that became effective on September 27, 2008, changes the relationship between landlords and their tenants who have been victims of domestic violence. The law declares the act of domestic violence a nuisance, making it easier for property owners (especially those owners in rent controlled jurisdictions) to evict the perpetrator. The law also allows a tenant who has been the victim of domestic violence to terminate his or her lease if adequate documentation (as defined in the statute) is provided to the landlord.
Written Notice Requirement
A tenant or other household member who has been a victim of domestic violence and who wishes to terminate the lease must notify the property owner in writing of his or her intent to vacate.
When written notice is provided by the tenant to the property owner, the tenant must attach documentation that substantiates the incident. The new state law specifies which documents will meet this legal requirement: a copy of a lawfully issued temporary restraining order or emergency protective order that protects the tenant from further domestic violence, sexual assault, or stalking; or 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 is a victim of domestic violence, sexual assault or stalking.
Timeline for Providing Termination Notice
The tenant or other household member who has been a victim of domestic violence must make the request to prematurely terminate the tenancy within 60 days of the date the restraining order was issued or the police report was made.
The Tenant’s Obligation to Pay Rent
Once notice of the early lease termination is provided to the property owner by the tenant or household member who was the victim of domestic violence, the tenant is responsible for the payment of rent for 30 days following the written notice. After that time, the lease is terminated and the victim is legally released from any rent payment obligation under the rental agreement without penalty. If the tenant quits the premises and the premises are rerented by the property owner within the 30 days after the victim provides the written notice of termination, the rent due for that 30-day period must be prorated.
The security deposit law has not changed. Under existing law, the owner is not obligated to return any portion of the security deposit until the owner regains possession of the unit.
Remaining Tenants
Other tenants who live in the rental unit with the victim, but who are not victims of the domestic violence, sexual assault or stalking, are not released from their obligations of tenancy under the rental agreement.
Under current law, nuisance creates a basis for unlawful detainer. This new law creates a rebuttable presumption that a person who commits an act of domestic violence, sexual assault or stalking against another tenant or subtenant on the premises has committed a nuisance, if the victim tenant subsequently vacates the premises. This rebuttable presumption will sunset on January 1, 2012, unless extended by future legislation.
The opinions expressed in this article are those of the author, and do not necessarily reflect the viewpoint of the SFAA or the SF Apartment Magazine. Monica Guillén is CAA’s vice president of public affairs. Copyright © 2009 by Black Point Press. All rights reserved.