Can a tenant break a lease because of domestic violence, and what must the landlord do?
In many states, yes. Washington, Oregon and New York each let a tenant who is a victim of domestic violence end a lease early with written notice and proof, without paying rent for the rest of the term, and each requires the landlord to keep the information confidential. The notice, the proof and the last day of rent differ by state, and voucher units carry extra federal protections under the Violence Against Women Act.
How the three states compare
| Washington (RCW 59.18.575) | Oregon (ORS 90.453) | New York (RPL 227-c) | |
|---|---|---|---|
| Notice | Written notice to the landlord | At least 14 days' written notice naming the release date | Written notice with a termination date no earlier than 30 days after delivery |
| Proof | A protection order, or a signed record of a report to a qualified third party | A protection order, police report, conviction, or a signed third-party statement | Due within 25 days of the notice: a court order, police or health record, or third-party verification |
| Time limit | Request within 90 days of the act behind the order or report | Incident within 90 days before the notice, or a valid protection order | None stated |
| Rent | Owed for the month of the quitting date; nothing after that month | Nothing after the release date; no termination fee | Pro-rated to the termination date; prepaid rent after it refunded |
| Other tenants | Stay bound by the lease | Stay bound; the tenancy continues for them | Co-tenancy continues; they get at least 30 days to decide |
Sources: Washington RCW chapter 59.18, Oregon ORS chapter 90, New York RPL 227-c. Other states have their own laws, so check yours.
The deposit and fees
Washington says a tenant who ends a lease this way gets the full deposit back, despite any lease clause that forfeits a deposit for early termination, subject to the normal deductions for damage. Oregon says the released tenant is not subject to any fee solely because the agreement ended. New York lets you keep a deposit only on grounds the lease or the law already allow, never because the tenant used this right.
So the normal move-out process still runs: inspect, list real damage, and return the rest on your state's deadline. What you may not do is treat the exit as a lease break and charge a break fee or re-letting costs.
Confidentiality is part of the law
Oregon bars a landlord from sharing what the tenant provides except with written consent, for an eviction case, to a qualified third party, or when the law requires. New York requires the information to be kept confidential and says the landlord must not describe the exit as an early termination to future landlords or other third parties. A New York landlord who knowingly breaks the section can owe liquidated damages of up to $1,000 plus actual damages and attorney fees, and a lease clause waiving these rights is void.
- Store the notice and proof in a restricted file, not in shared notes or a group email.
- Do not mention the reason in a reference or rental history.
- Do not tell the other tenant on the lease why the co-tenant left, beyond what your state requires.
Worked numbers
Example a made-up Oregon tenant pays $1,500 a month. On November 12 she delivers a notice with a police report, asking to be released on November 26, which is 14 days later. She owes no rent after November 26. Rent in Oregon is apportioned day to day unless agreed otherwise, so for a 30-day month her November rent is $1,500 times 26 divided by 30, or $1,300. No break fee may be charged.
Example a made-up Washington tenant with a protection order gives written notice and moves out on November 20, at $1,500 a month. She owes November's $1,500 and nothing for December or later, and her deposit comes back in full apart from any real damage.
Example a made-up New York tenant delivers notice on November 2 naming December 2 as the termination date. Rent is pro-rated to December 2, and if she has prepaid December and has moved out, the rent for the days after December 2 is refunded within ten days of the notice.
Voucher units: the VAWA rules in the HAP contract
If the tenant has a Housing Choice Voucher, section 9 of the tenancy addendum in the HUD HAP contract applies on top of state law. The landlord may not evict a tenant because the tenant is a victim, and an incident of actual or threatened violence is not a serious lease violation or good cause against the victim. The landlord may "bifurcate" the lease to remove the household member who committed the abuse while the victim stays, and must keep the victim's information confidential. Emergency transfers run through the housing authority's plan. See what the Section 8 tenancy addendum changes for the rest of that document.
How DoorKeeping handles it
In DoorKeeping, ending a lease, changing rent owed or refunding a deposit is a step you approve with one tap, and each property's books show the deposit held and the rent through the release date. Documents stay with the property, so keep the tenant's proof in a file only you can open. DoorKeeping gives no legal advice; check your state's statute and your attorney before you answer a notice.
Sources
- Washington RCW chapter 59.18 (RCW 59.18.575, victim protection, termination of rental agreement), read Oct 30, 2026
- Oregon Revised Statutes chapter 90 (ORS 90.453, release of victim from tenancy), read Oct 30, 2026
- New York Real Property Law 227-c, Termination of residential lease by victims of domestic violence, read Oct 30, 2026
- HUD form 52641, Housing Assistance Payments Contract, Part C Tenancy Addendum (4/2023), read Oct 30, 2026
Questions
- Can I charge a lease break fee when a tenant leaves because of domestic violence?
- Not in Oregon, which bars any fee charged solely because the agreement ended, and Washington requires the full deposit back despite forfeiture clauses. New York does not let you keep a deposit because the tenant used the right.
- What proof can a landlord ask for?
- What the statute lists: usually a protection order, a police report, or a signed statement from a qualified third party such as an advocate, attorney or health professional. Do not ask for more than your state allows.
- Does the other tenant on the lease get released too?
- No. In all three states the other tenants stay bound by the lease, apart from household members who are also victims, and the tenancy continues for them.