Can I ask for an early lease termination as a domestic violence survivor?

Q: I have recently been through a terrible experience with my ex-boyfriend, who I lived with, and want to know if there is some way to get out of my lease early. My ex and I moved in together about six months ago. We signed a one-year lease.

Unfortunately, shortly after moving in together my ex became physically abusive toward me. Things kept escalating and I finally got a protective order against him, but I am still scared because he obviously knows where I live and his name is on the lease, too.

For my own safety, I really think it would be better for me to move but as I mentioned, I am in the middle of a one-year lease. I have told my landlord that I want to leave, but he said if I leave I will have to continue to pay rent until the end of the lease unless he can find someone else to rent the apartment. I can’t afford to pay rent on two places at once, but I don’t feel safe here. What can I do? A: The short answer is that you can terminate your lease early without being responsible for additional rent whether or not your landlord likes it.

In California, survivors of domestic violence, sexual assault, stalking, human trafficking, elder abuse or dependent adult abuse have special protections. One of these protections allows survivors to terminate their lease before it ends.

Normally a tenant who moves out before the end of a lease agreement can be held responsible for all the rent that would be owed until the lease expires and a landlord can sue for this money.

California Civil Code 1946.7, however, allows survivors to give their landlord a 14-day notice of their intent to break the lease, move out and no longer be required to pay rent.

The Civil Code provides this protection in the following circumstance:

You rent and have a lease.

You have a restraining order/protective order, a police report, or a signed document from a certain kind of professional.

You need to move because you, or a family member living with you, is the victim of domestic violence, sexual assault, stalking, human trafficking, elder abuse or dependent adult abuse have special protections.

So long as your protective order is no more than 180 days old, you should notify you landlord in writing that you are a victim of domestic violence and that you want to end the lease. You must give a minimum of 14 days notice. You can move out any time after giving notice, but will be responsible for rent up to 14 days after you give notice.

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