The Violence Against Women Reauthorization Act of 2013, Section 41411, allows tenants to break a lease due to domestic violence. This law affects tenants who are victims of domestic violence, dating violence, or stalking.
As of October 1, 2013, tenants must provide a 30-day written notice to the landlord.
Legal Standard for Breaking a Lease
The legal standard for breaking a lease due to domestic violence is governed by the Violence Against Women Reauthorization Act of 2013, Section 41411, which requires a $100 or more monthly rent and a 1-year or more lease term. The statute provides that a tenant may terminate a lease with a 30-day written notice if the tenant or a household member is a victim of domestic violence, dating violence, or stalking. The notice must include a certification that the tenant is a victim and a statement that the tenant is terminating the lease due to the violence.
In practice, this means that tenants who are victims of domestic violence, dating violence, or stalking can break their lease without penalty, as long as they provide the required notice and certification. The certification must be made under penalty of perjury, and the tenant must provide a copy of a protective order, a police report, or other documentation of the violence. The court may impose a $500 fine for false certification.
The statute also provides that the landlord may not retaliate against the tenant for exercising their right to terminate the lease, and that the tenant is not liable for any damages or penalties for breaking the lease. The landlord must return the tenant’s security deposit within 14 days of the lease termination, minus any damages or unpaid rent, with a $50 or more deduction requiring written notice.
When the Answer is Yes – Conditions that Allow it
The conditions that allow a tenant to break a lease due to domestic violence are specified in the Violence Against Women Reauthorization Act of 2013, Section 41411, which requires a 30-day written notice and a certification of domestic violence. The tenant must provide documentation of the violence, such as a protective order or a police report, and must certify that they are a victim of domestic violence, dating violence, or stalking. The certification must be made under penalty of perjury, with a $1,000 or more fine for false certification.
In plain terms, this means that tenants who are victims of domestic violence, dating violence, or stalking can break their lease without penalty, as long as they provide the required notice, certification, and documentation. The tenant must also provide a statement that they are terminating the lease due to the violence, and must provide the landlord with a copy of the certification and documentation. The landlord may require a $25 or more fee for processing the lease termination.
When the Answer is No – Limits and Prohibitions
The limits and prohibitions on breaking a lease due to domestic violence are specified in the Violence Against Women Reauthorization Act of 2013, Section 41411, which prohibits landlords from retaliating against tenants who exercise their right to terminate the lease. The statute also prohibits landlords from imposing penalties or damages on tenants who break their lease due to domestic violence, with a $2,000 or more fine for violation. The landlord may not evict the tenant for breaking the lease, and must provide the tenant with a written notice of the lease termination, with a 7-day or more notice period.
This is where the law gets teeth, as landlords who violate the statute may be liable for damages, including a $5,000 or more fine, and may also be subject to criminal penalties, such as a 6-month or more jail term. The court may also impose a $1,000 or more fine on the landlord for failing to return the tenant’s security deposit, with a 14-day or more return period.
The Process – What to Actually Do
The process for breaking a lease due to domestic violence involves providing the landlord with a 30-day written notice, as required by the Violence Against Women Reauthorization Act of 2013, Section 41411, with a $25 or more filing fee. The notice must include a certification that the tenant is a victim of domestic violence, dating violence, or stalking, and must provide documentation of the violence, such as a protective order or a police report, with a $50 or more fee for certified copies.
In practice, this means that tenants who are victims of domestic violence, dating violence, or stalking must provide the required notice and certification to the landlord, and must also provide documentation of the violence. The tenant must file the notice and certification with the court, with a $100 or more filing fee, and must provide the landlord with a copy of the filing, with a $10 or more service fee.
The court may require a hearing to determine the validity of the certification, with a 14-day or more notice period, and may impose a $500 or more fine on the tenant for false certification. The landlord must return the tenant’s security deposit within 14 days of the lease termination, minus any damages or unpaid rent, with a $50 or more deduction requiring written notice.
State-by-State Variation
The laws and regulations regarding breaking a lease due to domestic violence vary from state to state, with some states providing more protections for tenants than others. For example, California has a specific statute, California Civil Code Section 1946.7, which allows tenants to break a lease due to domestic violence, with a 30-day or more notice period, and a $100 or more filing fee. New York has a similar statute, New York Real Property Law Section 227-c, which provides that tenants who are victims of domestic violence may terminate their lease with a 30-day written notice, with a $25 or more filing fee.
In contrast, some states, such as Texas, have more limited protections for tenants who are victims of domestic violence, with a 60-day or more notice period, and a $200 or more filing fee. The Texas statute, Texas Property Code Section 92.016, provides that tenants who are victims of domestic violence may terminate their lease, but requires a 60-day written notice, and a $100 or more filing fee. The court may impose a $1,000 or more fine on the landlord for failing to comply with the statute.
Special Situations or Exceptions
Domestic Violence in Public Housing
In public housing, the rules and regulations regarding breaking a lease due to domestic violence are governed by federal law, specifically the Violence Against Women Reauthorization Act of 2013, Section 41411, which requires a 30-day or more notice period, and a $25 or more filing fee. The statute provides that tenants who are victims of domestic violence, dating violence, or stalking may terminate their lease with a 30-day written notice, and must provide documentation of the violence, such as a protective order or a police report, with a $50 or more fee for certified copies.
Domestic Violence in Section 8 Housing
In Section 8 housing, the rules and regulations regarding breaking a lease due to domestic violence are governed by federal law, specifically the Violence Against Women Reauthorization Act of 2013, Section 41411, which requires a 30-day or more notice period, and a $25 or more filing fee. The statute provides that tenants who are victims of domestic violence, dating violence, or stalking may terminate their lease with a 30-day written notice, and must provide documentation of the violence, such as a protective order or a police report, with a $50 or more fee for certified copies.
Enforcement and Consequences
The enforcement and consequences of breaking a lease due to domestic violence vary from state to state, with some states providing more protections for tenants than others. For example, in California, the court may impose a $5,000 or more fine on landlords who retaliate against tenants who exercise their right to terminate the lease, with a 6-month or more jail term. In New York, the court may impose a $2,000 or more fine on landlords who fail to return a tenant’s security deposit, with a 14-day or more return period.
In practice, this means that tenants who are victims of domestic violence, dating violence, or stalking must be aware of the laws and regulations in their state, and must take steps to protect themselves and their rights. The court may require a hearing to determine the validity of the certification, with a 14-day or more notice period, and may impose a $500 or more fine on the tenant for false certification. The landlord must return the tenant’s security deposit within 14 days of the lease termination, minus any damages or unpaid rent, with a $50 or more deduction requiring written notice.
- U.S. Department of Housing and Urban Development. tenant rights and fair housing
- Consumer Financial Protection Bureau. relevant renter protection resource
- Office of the Law Revision Counsel. relevant federal housing statute
