Housing Laws

There is a housing law in California that could protect you, the tenant, from eviction or from a refusal to renew your lease 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

There are also protections in the tenant screening process for victims who are applying for a new lease. A landlord cannot deny a rental application or add extra conditions to the lease based on to any of the following:

• an allegation that the prospective tenant breached a prior lease if the breach was due to an act of abuse or violence against a tenant, an immediate family member, or a household member, as long as the prospective tenant is not alleged to have committed the abuse or violence;
• the prospective tenant previously requested to have his/her locks changed due to abuse or violence;
• the prospective tenant, or an immediate family member or household member, was a victim of abuse or violence; or
• the prospective tenant, or his/her guest, previously called law enforcement or emergency assistance to help a victim of abuse, a victim of crime, or an individual in an emergency.²

If the landlord requests proof of the abuse, you can show any of the documents listed in What documentation do I need to show my landlord to prove that I am a victim of abuse? but you do not have to stick to the 180-day timeframe explained in that question.³

¹ Cal. Civ. Proc. Code § 1161.3(a)
² Cal. Civ. Code § 1946.9(a), (d)(2)
³ Cal. Civ. Code §§ 1946.9(a)(1), (a)(3); 1941.5(d)