Who does this law protect?
There is a housing law in California that could protect you (the tenant) if you, a member of your household, or an immediate family member is a victim of any of the following crimes:
- domestic violence;
- sexual assault, which means any of the following crimes: rape, unlawful sexual intercourse with person under 18, sodomy, oral copulation, or forcible acts of sexual penetration;
- stalking;
- abuse of an elder or dependent adult;
- human trafficking;
- a crime that caused bodily injury or death;
- a crime that included the showing, taking out, brandishing, or using a firearm or other deadly weapon or instrument; or
- a crime that included the use of force against the victim or a threat of force against the victim.1
1 Cal.C.C.P. § 1161.3(a)
How does the law define "immediate family member" and "household member"?
If you are the tenant, your “immediate family member” is defined as your parent, step-parent, spouse, child, child-in-law, step-child, sibling, or any person living in your household who has a relationship with you that is substantially similar to that of a family member. Your “household member” is defined as a member of your family who lives in the same home as you.1
1 Cal.C.C.P. § 1161.3(a)(4); Cal.Civ.Code § 1946.7(h)(1), (h)(3)
Can a landlord refuse to renew my lease or evict me because I am a victim?
Your landlord cannot end your lease (“terminate a tenancy”) or refuse to renew your lease (“fail to renew a tenancy”) if the abuse you, your immediate family member, or your household member experienced has been properly documented. There are exceptions however.1 Your landlord can terminate your lease or not renew it if:
- the person identified as the abuser in your documentation is also a tenant in your unit; or
- both of the following are true:
- the abuser’s words or actions have threatened the physical safety of other tenants, guests, invitees, or licensees; and
- the landlord served you with a three-day notice requiring you not to voluntarily allow or agree to the abuser coming into the unit or the surrounding property (“the premises”), but you continue to allow the abuser to be there.2
1 Cal.C.C.P. § 1161.3(b)(1)
2 Cal.C.C.P. § 1161.3(b)(2)
What documentation do I need to show my landlord to prove that I am a victim of abuse?
You can use any of the following documentation as proof that you or a member of your immediate family or household are a victim of one of the qualifying acts of abuse:
- a temporary restraining order, emergency protective order, or protective order for domestic violence, civil harassment, or elder or dependent adult abuse that was issued during the last 180 days that protects you or your immediate family or household member from abuse;
- a copy of a written report issued within the past 180 days from a peace officer working in his/her official capacity for a state or local law enforcement agency that says that you or a member of your immediate family or household are a victim of abuse; or
- documentation from a “qualified third party” working in his/her professional capacity that states that you or a member of your immediate family or household member is looking for help for physical or mental injuries that resulted from an act of abuse.1
1 Cal.C.C.P. § 1161.3(a)(2)(A), (a)(2)(B), (a)(2)(C)
Who is considered a qualified third party? What type of documentation do I need from a qualified third party?
A “qualified third party” is a:
- health practitioner;
- domestic violence counselor;
- sexual assault counselor;
- human trafficking caseworker; or
- victim of violent crime advocate.1
If a qualified third party is providing you with documentation to show your landlord, the third party should include information showing that you or your immediate family or household member or are getting or asking for help for physical or mental injuries or abuse resulting from one of the qualifying acts of violence. The law includes a template that the third party can use when creating a document for you.2
1 Cal.C.C.P. § 1161.3(a)(6)
2 Cal.C.C.P. § 1161.3(a)(2)(C)
Can my landlord ever terminate my lease or refuse to renew my lease if I am a victim of abuse?
This law does not stop a landlord from terminating your lease, refusing to renew your lease, or evicting you for a valid legal reason. This law keeps a landlord from evicting you because you are a victim of abuse.1 However, your landlord can end your lease or refuse to renew your lease for the reasons explained in Can a landlord refuse to renew my lease or evict me because I am a victim?2
1 Cal.C.C.P. § 1161.3(b)(1)
2 Cal.C.C.P. § 1161.3(b)(2)
Can my landlord tell others about my situation?
Your landlord cannot share information about your situation with others unless:
- you agree in writing that your information can be disclosed; or
- the law or a court order requires your landlord to share your information.1
However, your landlord is allowed to speak to the qualified third party who provides your documentation to verify the information.2
1 Cal.C.C.P. § 1161.3(e)(1)
2 Cal.C.C.P. § 1161.3(e)(2)