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Jun 10, 2016 by |

San Francisco Elder Abuse Attorneys: Terminating a Lease

According to Civil Code Section 1946.7, a tenant or a household member can terminate a lease with written notice to the landlord when he or she is a victim of domestic violence, sexual assault, stalking, human trafficking or elder or dependent adult abuse.

Abuse of an elder or a dependent adult may mean physical abuse, neglect, financial abuse, abandonment, isolation, abduction or other treatment with resulting physical harm, pain, or mental suffering. It can mean also the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.

The tenant must write a notice to terminate a tenancy and attach to the notice:

  • a copy of a temporary restraining order or a police report
  • a copy of a written report by a peace officer employed by a state or local law enforcement agency showing that the tenant has filed a report alleging the domestic violence
  • documentation from a qualified third party showing that the tenant or household member is seeking assistance

The tenant has to notify the landlord within 180 days of the date that any domestic violence restraining order or police report was filed. The tenant shall be responsible for payment of rent for no more than 14 calendar days following the giving of notice. Also, the tenant shall be released from any payment obligation under the lease without penalty.

This provision can apply to married couples, unmarried couples, even roommates, and the domestic violence perpetrator does not even have to reside with the victim. Because of the versatility of the law and the benefits it provides to dependent adults and elders, our San Francisco elder abuse attorneys recognize it as a powerful tool for thwarting abusers.

If you know of any elder abuse or fraud, contact the San Francisco elder abuse attorneys at Evans Law Firm at (415) 441-8669, or by email at Evans Law Firm handles financial and physical elder abuse and nursing home abuse, as well as qui tam and whistleblower cases, healthcare, insurance, annuity, and banking fraud.

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