Tuesday, January 8, 2013

Did You Know? If You Have Been The Victim of A Sexual Assault in California, You Have the Right to Terminate Your Lease Early and Move Away From the Perpetrator

California has enacted many statutes that are meant to protect victims of sexual assault.  One such law is California Civil Code § 1946.7.  Terminating tenancy due to domestic violence or specified reason:  Which states the following:

(a) A tenant may notify the landlord that he or she or a household member was a victim of an act that constitutes an act of domestic violence as defined in Section 6211 of the Family Code, sexual assault as defined in Sections 261, 261.5, 262, 286, 288a, or 289 of the Penal Code, stalking as defined in Section 1708.7, or abuse of an elder or a dependent adult as defined in Section 15610.07 of the Welfare and Institutions Code, and that the tenant intends to terminate the tenancy.

This provides a way out for persons who have suffered from an offense such as rape or battery.  The law recognizes that many times these sufferers live in close proximity to their attackers such as in the same apartment building or condominium and may need to quickly vacate the premises to get away from their abuser.  This code provides for the ability to terminate the lease early and not suffer any of the normal consequences of an early discontinuation of a rental agreement.