BILL ANALYSIS Ó
SENATE JUDICIARY COMMITTEE
Senator Noreen Evans, Chair
2011-2012 Regular Session
AB 588 (V. Manuel Pérez)
As Introduced
Hearing Date: June 14, 2011
Fiscal: No
Urgency: No
BCP:rm
SUBJECT
Tenancy: Victims of Domestic Violence
DESCRIPTION
Existing law allows a tenant to terminate his or her lease
within 60 days of a restraining order, emergency protective
order, or written report by a peace officer alleging that the
tenant, or household member, is a victim of domestic violence,
sexual assault, or stalking. This bill would extend that
protection by allowing those tenants to provide a notice to
terminate tenancy within 180 days after an order or report.
BACKGROUND
Victims of domestic violence, sexual assault, and stalking face
numerous challenges when seeking to regain control of their
lives. Depending on the situation, the victim may need to
change his or her phone number, participate in the Safe at Home
Program through the Secretary of State, or even move, to create
a safe environment for themselves and their family. Victims who
rent their home also face challenges in their ability to leave a
dangerous environment if they are currently in a long-term
lease.
In response to concerns about the inability for victims to
terminate their lease without liability, AB 2052 (Lieu, Chapter
240, Statutes of 2008) allowed a tenant to terminate his or her
lease within 60 days of a restraining order or written report by
a peace officer alleging that the tenant, or household member,
is a victim of domestic violence or stalking. Absent that
protection, victims who relocated could still be subject to
(more)
AB 588 (V. Manuel Pérez)
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liability under the lease if the landlord did not agree to
release the tenant from his or her obligations. This bill would
extend existing law's protection by allowing those tenants to
provide a notice to terminate tenancy within 180 (as opposed to
60 days) after a temporary restraining order, emergency
protective order, or written report.
CHANGES TO EXISTING LAW
Existing law defines the rights and duties of landlord and
tenants, including presumptions regarding the terms of the
hiring, the lawful means of terminating a lease or rental
agreements, and the remedies available to the respective parties
in the event of a breach of a lease or rental agreement. (Civ.
Code Sec. 1940 et seq.)
Existing law provides that if a tenant or lessee of real
property breaches the lease and abandons the property before the
end of the term, the landlord may deem the lease terminated and
seek damages, or continue to perform under the lease and seek
rent as it becomes due. (Civ. Code Sec. 1951.2; 250 LLC v.
Photopoint Corp. (2005) 131 Cal.App.4th 703.)
Existing law allows a tenant to terminate his or her tenancy if
the tenant, or a household member, was the victim of domestic
violence, sexual assault, or stalking. The notice to terminate
a tenancy must be in writing, with one of the following
attached: (1) copy of a temporary restraining order or emergency
protective order, as specified; or (2) copy of a written report
by a peace officer, as specified. (Civ. Code Sec. 1946.7.)
Existing law requires the notice to terminate tenancy to be
given within 60 days of the date that any order was issued, or
within 60 days of the date that any written report was made, or
the time period otherwise required for termination of tenancy.
(Civ. Code Sec. 1946.7.)
This bill would increase the time period in which a tenant may
provide a notice to terminate tenancy from 60 to 180 days after
the date of an order, or written report, as specified.
COMMENT
1. Stated need for the bill
AB 588 (V. Manuel Pérez)
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According to the author:
California provides victims of domestic violence with
certain protections. First, a victim can petition to be
released early from her lease if she presents a copy of a
police report or restraining order to her landlord within 60
days of it having been issued. Secondly, a tenant can get
the exterior locks changed of her dwelling if a request is
made in writing and she has a copy of a police report or
restraining order that is no more than 180 days old.
However, the current 60 day limitation has been an obstacle
for many victims. In some instances the perpetrator is
arrested, the victim feels safe within the rental unit
assuming the perpetrator will be in jail for a long period
of time. By the time the victim has learned of the
perpetrator's release, more than 60 days have gone by. In
other instances, the perpetrator disappears for a small
period of time after being served with a restraining order,
only to return and terrorize the victim after the 60 day
limitation has passed. The victim must now break the lease
and face financial hardship or wait out the terms of the
lease agreement, and live in fear of the perpetrator
breaking into the residence and causing harm. This is
especially applicable for victims who do not live/share a
rental unit with the perpetrator.
A change to 180 days for early lease termination recognizes
that not every case of domestic violence is the same. . .
. There are at least 13 states Ýthat] have documentation
requirements that are less restrictive than California or
have no time restrictions at all on the documentation needed
to end the lease.
2. Extension from 60 to 180 days
This bill seeks to extend the period in which a victim can
provide a notice to terminate their tenancy in order to address
concerns about the arguably short period in which that notice
must currently be given. As noted above, existing law allows
tenants who are victims of domestic violence, stalking or sexual
assault to provide a notice to terminate their tenancy within 60
days of a temporary restraining order, emergency protective
order, or written report by a peace officer. That time frame
provides tenants (and household members) with an arguably short
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period in which a decision must be made with regards to whether
or not to terminate a long-term lease. The author contends that:
For some victims, it takes time to realize the seriousness
of their situation before making the decision to finally
leave their current rental dwelling and remove themselves
from the violent and/or abusive situation. Other victims
need more than 60 days to develop a plan as they move in and
out of temporary housing or seek counseling. In other
instances a victim is not aware of the early lease
termination until after she has had a restraining order for
more than sixty days.
In response to those concerns, this bill would extend the time
frame in which a tenant may provide a notice to terminate
tenancy from 60 to 180 days after the applicable order or
report. After that notice is given, the tenant is responsible
for payment of rent for the 30 days following the notice and,
thereafter, is released from any rent payment obligation under
the rental agreement without penalty. The rent must be prorated
if, within the 30-day period, the tenant quits the premises and
the premises are rented to another party. From a practical
standpoint, the additional time would appear to allow tenants
time to evaluate relocation options, look for a new place, and
actually move into their new home. The Western Center on Law
and Poverty, in support, notes that "Ýt]he tenant-survivor is
understandably reluctant to move from his or her home unless
absolutely necessary, but that absolute need often does not
become evident until after 60 days have elapsed." The Apartment
Association, California Southern Cities, in support, further
states that "aggressors do not necessarily stop acts of violence
based on a restraining order, emergency protective order or a
written report by a peace officer. Unfortunately, in some
cases, we have found victims face violent abusers many weeks
after the court order or police report has been issued or
written."
It should be noted that the proposed 180-day timeframe is
consistent with the time in which a victim may request his or
her landlord to change the locks after a court order or police
report. The American Civil Liberties Union, in support, further
asserts "Ýa]t least 13 states with similar laws have no time
restrictions on the documentation required to end leases, so 180
days is not excessive when compared to other jurisdictions."
From a practical standpoint, the extension proposed by this bill
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would allow victims to terminate their leases up to six months
after the relevant order or police report. While that extension
could impact landlords by potentially increasing the number of
lease terminations, the Committee has not received any
opposition to this bill as of the writing of this analysis. In
fact, as noted above, some landlord groups support the bill.
The California Rural Legal Assistance Foundation, in support,
further contends that this bill will impose no undue hardship on
landlords and that "Ýe]ven before enactment of current
provisions, many landlords routinely allowed survivors to
terminate leases, for both humane reasons as well as practical
and prudent reasons to avoid damage to the property and preserve
the quiet enjoyment of other tenants to their leaseholds."
Support : American Civil Liberties Union; Apartment Association,
California Southern Cities; California Commission on the Status
of Women; California Partnership to End Domestic Violence;
California Narcotic Officers' Association; California Police
Chiefs Association; California Rural Legal Assistance
Foundation; Crime Victims United of California; Family Violence
Law Center; Housing Rights Center; Junior Leagues of California
State Public Affairs Committee; La Casa de las Madres; National
Housing Law Project; Western Center on Law & Poverty;
WomanHaven, Inc.
Opposition : None Known
HISTORY
Source : Author
Related Pending Legislation : None Known
Prior Legislation : SB 782 (Yee, Chapter 626, Statutes of 2010),
prohibited a landlord from terminating a tenancy based upon an
act or acts of domestic violence, sexual assault, or stalking
against the tenant or tenant's household member, if the act(s)
can be appropriately documented and the perpetrator is not a
tenant of the same dwelling unit as the tenant, and permitted a
tenant to change locks of the dwelling unit, or request the
landlord to do so, as specified, if the tenant has a restraining
order against another person based on that other person's acts
of domestic violence, sexual assault, or stalking against the
tenant.
Prior Vote :
AB 588 (V. Manuel Pérez)
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Assembly Judiciary Committee (Ayes 10, Noes 0)
Assembly Floor (Ayes 72, Noes 0)
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