Legal Protections for Tenants Who Are Victims of Domestic Violence

Many states extend special protections to tenants who are victims of domestic violence. If you are facing a domestic violence situation (including stalking) and want to move, check first with local law enforcement or a battered women's shelter regarding special state laws that might apply in domestic violence situations.

Here is a breakdown of common victim protection laws found in many states. Many of these laws extend protection not just to the victim of the abuse but also to members of the victim's household.

Discrimination and Eviction Protections

Many states make it illegal to discriminate against someone who is a victim of domestic violence. This means that landlords cannot refuse to rent to someone solely because the person is a victim of domestic violence.

Landlords also cannot terminate or refuse to renew a lease solely because the tenant is a victim of domestic violence.

Early Termination Rights

In many states, a victim of domestic violence can end a lease without penalties after giving a required amount of notice (often 30 days). This doesn't mean that the victim needs to remain at the rental for the duration of the notice period—it simply means that that is the amount of time that the victim will be responsible for paying rent. (Anyone who fears for their safety or the safety of a member of their household should seek help immediately from law enforcement or a women's shelter.)

States typically require that tenants provide their landlord with proof (such as a protective order or documentation from a medical provider) of their status as a domestic violence victim.

In most states that provide early termination rights, the right to terminate early doesn't relieve the tenant of liability for any damages caused by the tenant or their cotenants. The landlord can still use their security deposit to cover the costs of repairs.

Restrictions on What Can Be Included in a Lease or Rental Agreement

In some states, landlords cannot include clauses providing for termination in the event of a tenant's call for police help in a domestic violence situation, nor can landlords make tenants pay for the cost of such calls.

Also, many states prohibit landlords from putting terms in the lease or rental agreement that would have the tenant waive any domestic violence rights provided by state law.

Lease Modifications

Some state laws allow landlords to release the victim of the domestic violence from their responsibilities under the lease, but keep the perpetrator on the lease (and therefore responsible for paying rent). For example, in Hawaii, if the person who committed domestic violence is a party to the lease, the landlord may:

• allow the perpetrator to remain in the rental, and hold them responsible for all future rent, or
• terminate the perpetrator's tenancy by giving them five days' notice (and proceed with an eviction if the person doesn't move out within the five days).

(Haw. Rev. Stat. § 521-80 (2024).)

Additional Considerations for Section 8 Tenants

Normally, Section 8 tenants can move without jeopardizing their right to continued public assistance only if they notify their public housing authority ahead of time, terminate their lease according to the lease's provisions, and locate acceptable replacement housing.

Domestic violence victims, however, are exempt from these requirements if they have complied with other Section 8 requirements, moved in order to protect someone who is or has been a domestic violence victim, and "reasonably believed" that they were imminently threatened by harm from further violence. (Violence Against Women and Department of Justice Reauthorization Act of 2005, 42 U.S.C. § 1437f(r)(5) (2024).)

What to Do If Your State Doesn't Offer Special Protections for Victims

If your state has no law giving victims of domestic violence early termination rights or other domestic violence protections, don't automatically assume that you're stuck. First, if you want to move, appeal to your landlord's bottom line: The last thing any landlord wants on the property is a disruptive, potentially violent situation. Letting you out of the lease might be good for the landlord, too—what the landlord loses in rent might pale in comparison with the potential cost of repairing damaged property, lawsuits, or negative publicity if the situation escalates.

Even if your state gives some special protections to domestic violence victims, your landlord can still terminate your tenancy, if necessary, for nonpayment of rent. Unfortunately, all too often the abuser will leave the property but the remaining victim struggles to pay the rent. It is legal for a landlord to terminate the tenancy of a domestic violence victim who falls behind in the rent, just like any other tenant who's behind in rent.

For more information about victims' rights and assistance, see Nolo's article Resources for Victims of Crime.