Domestic-violence eviction bill awaiting governor approval
On August 30, SB 1017, a bill bolstering existing tenant protections for victims of domestic violence, was enrolled and presented to the governor awaiting approval. The bill prohibits a landlord to terminate a tenancy or fail to renew a tenancy solely on the basis of an act of domestic violence against a resident or a resident’s household member. Existing law, Civil Code section 1946.7, allows a domestic violence victim to vacate the rental premises to separate from their abuse, allowing them to terminate their lease early upon 14 days prior written notice, without financial penalty, provided that documentation of the tenant’s request be provide to the landlord
A tenant/defendant facing an eviction under SB 1017:
- Allows domestic violence victims to avoid eviction if the perpetrator does not reside in the rental unit with the victim, provided they file an answer to the court and so long as the victim does not invite the abuser back to the property.
- If the perpetrator resides in the same unit of the victim, the perpetrator can be evicted through a partial eviction, allowing the victim to remain in the unit. Nonetheless, the victim can still be found guilty of unlawful detainer on other grounds.
- If the safety of the other residents or guests are threatened by the perpetrator, and the resident continues to allow the perpetrator on the premises after receiving a notice to perform to address the violation, may result in the eviction to the tenant.