Can a Tenant Break a Lease Due to Domestic Violence?

Tenants who are victims of domestic violence, sexual assault, or sexual abuse can terminate their lease early so long as they have proof of the violence and notify the landlord in writing within a specific period.

What Qualifies as Domestic Violence?

1. It is committed against the tenant or child of a tenant by a household member
2. It is intended to result in harm, injury, or sexual assault OR it reasonably places the victim in fear of imminent harm or assault

Many states protect tenants who are victims of domestic violence. Some protections available for victims of domestic violence include:

• Termination of Lease. Landlords cannot refuse to terminate a lease when the tenant is a victim of domestic violence. Once the tenant meets the requirements, they will have the ability to terminate the lease.
• Protection from termination. Landlords cannot refuse to rent to a potential tenant because they were a victim of domestic violence, sexual assault, or stalking.
• Changing locks. If a tenant requests the landlord to change the locks and they fail to do so within 24 hours of your request, a tenant will be able to do so on their own.

Additionally, landlords cannot end a lease or refuse to renew a lease because the tenant was a victim of domestic violence, sexual assault, or stalking.

How Does a Tenant Prove or Verify Domestic Violence?

A tenant can prove or verify domestic violence by providing the landlord with one of the following:

• A copy of a court issued order such as:
  • A temporary injunction
  • A temporary order
  • A protective order
  • An order of emergency protection
  • A licensed health care services provider who examined the victim
  • A licensed mental health services provider who examined the victim

  A landlord can verify domestic violence through one of the following:

  • Examining the official court document received from the tenant, and cross-reference whether the judge’s signature matches one of the current judges presiding over the state
  • Obtaining the contact information for the healthcare provider to corroborate whether the documentation the tenant provided is factually accurate

  How to Terminate a Lease Due to Domestic Violence

  A tenant can terminate a lease due to domestic violence by providing the landlord proof of the violence and a notice of termination.

  Notifying the Landlord

  A tenant exercising their right to terminate the lease due to domestic violence must provide one type of supporting documentation of the violence and a notification letter of termination to their landlord or landlord’s agent. This notice can be delivered either in-person or through certified mail.

  Terminating the Lease

  The lease will terminate within a certain time after delivery of the notice. Generally, the lease will terminate within 30 days of delivering notice, but certain states, like Maine, enforce a different time period for termination such as 14 days.

  State	Lease Terminated Within
  Alabama	No Statute
  Alaska	No Statute
  Arizona	30 Days
  Arkansas	30 Days
  California	30 Days
  Colorado	30 Days
  Connecticut	Not Specified
  Delaware	30 Days
  Florida	No Statute
  Georgia	Not Specified
  Hawaii	Not Specified
  Idaho	No Statute
  Indiana	30 Days
  Iowa	Not Specified
  Kansas	Not Specified
  Kentucky	Not Specified
  Louisiana	Not Specified
  Maine	14 Days
  Maryland	30 Days
  Massachusetts	90 Days
  Michigan	Not Specified
  Minnesota	30 Days
  Mississippi	Not Specified
  Missouri	Not Specified
  Montana	Not Specified
  Nebraska	Not Specified
  Nevada	Not Specified
  New Hampshire	30 Days
  New Jersey	30 Days
  New Mexico	Not Specified
  New York	30 Days
  North Carolina	30 Days
  North Dakota	30 Days
  Ohio	30 Days
  Oklahoma	Not Specified
  Oregon	14 Days
  Pennsylvania	Not Specified
  Rhode Island	Not Specified
  South Carolina	Not Specified
  South Dakota	Not Specified
  Tennessee	30 Days
  Texas	30 Days
  Utah	30 Days
  Vermont	Not Specified
  Virginia	30 Days [1]
  Washington	30 Days
  Washington, D.C.	Not Specified
  West Virginia	Not Specified
  Wisconsin	30 Days
  Wyoming	30 Days

  Tenant Liabilities

  The tenant will be liable for the remaining unpaid rent on a prorated basis. For example, if the notice was delivered on the 23rd of March, and the rent is due on the 1st of each month, the earliest the lease can terminate is May 1st. Therefore, rent is still due for the month of April.

  The tenant will also be liable for any damages, such as property damages incurred during the duration of the tenancy.

  Sources

  A. Any tenant who is a victim of (i) family abuse as defined by § 16.1-228, (ii) sexual abuse as defined by § 18.2-67.10, or (iii) other criminal sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 may terminate such tenant’s obligations under a rental agreement under the following circumstances:

  1. The victim has obtained an order of protection pursuant to § 16.1-279.1 and has given written notice of termination in accordance with subsection B during the period of the protective order or any extension thereof;

  2. The victim has obtained a permanent protective order pursuant to § 19.2-152.10 and has given written notice of termination in accordance with subsection B during the period of the protective order or any extension thereof; or

  3. A court has entered an order convicting a perpetrator of any crime of sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, sexual abuse as defined by § 18.2-67.10, or family abuse as defined by § 16.1-228 against the victim and the victim gives written notice of termination in accordance with subsection B. A victim may exercise a right of termination under this section to terminate a rental agreement in effect when the conviction order is entered and one subsequent rental agreement based upon the same conviction.

  B. A tenant who qualifies to terminate such tenant’s obligations under a rental agreement pursuant to subsection A shall do so by serving on the landlord a written notice of termination to be effective 30 days after the tenant serves the termination notice on the landlord. The tenant shall also provide the landlord with a copy of (i) the order of protection issued or (ii) the conviction order.