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Your phone lights up at 2 a.m… another noise complaint, then a police visit.
As a property owner, your instinct is to preserve quiet and protect your investment. But what if those calls are a tenant’s lifeline during domestic violence, sexual assault, or stalking?
California law draws a bright line: survivors seeking help shouldn’t be pushed toward eviction. And since January 1, 2024, AB 1418 restricts local “crime-free” and nuisance policies that punish police contact.
This guide shows exactly what you must and must not do to stay compliant, reduce liability, and keep residents safe.
Key Provisions of AB 1418
AB 1418 sets a clear rule for cities and counties: don’t punish emergency help-seeking, and don’t push landlords to do it either. Here’s what that means:
- No penalties for 911 calls or police visits. Local governments can’t treat emergency calls as a strike against a tenant or a property, or push you to end a lease because of them.
- No forced evictions based on arrests or accusations. Cities can’t require or encourage you to evict someone just because an arrest happened or allegations were made.
- No mandatory “crime-free” lease add-ons. Local rules can’t make you use special clauses that conflict with state or federal law.
- No required criminal background checks. A city or county can’t force you to run them as a condition of renting (you may still choose your own lawful screening policy).
- State law wins. If a local ordinance conflicts with these rules, AB 1418 overrides it.
Bottom line for landlords: Anchor decisions in documented lease violations and objective property conditions, not in police contact or calls for help.
Align forms, screening criteria, notices, and staff training with these requirements, and ensure your nuisance, emergency, and resident-conduct policies reflect AB 1418. Doing so protects residents, reduces legal exposure, and demonstrates disciplined, professional management.
Prohibiting Penalties for Seeking Help
AB 1418 defines “penalty” broadly, including actual or threatened eviction or non-renewal and forbids local governments from imposing such penalties solely because a tenant contacted law enforcement or requested emergency assistance.
Limits on “Nuisance” Theories
Local governments cannot label police contact or emergency assistance as a nuisance. Any nuisance theory must align with California’s baseline definition in Civil Code § 3479 (e.g., conduct injurious to health, offensive to the senses, or obstructing the comfortable enjoyment of life or property).
The Survivor’s Eviction Defense (Existing California Law)
Separate from AB 1418, Code of Civil Procedure § 1161.3 gives tenants an affirmative defense to eviction when the notice to quit is based on acts of domestic violence, sexual assault, stalking, human trafficking, or elder/dependent-adult abuse, if properly documented.
Navigating Early Lease Termination and Confidentiality
California Civil Code § 1946.7 allows eligible survivors to end a lease with 14 days’ written notice by including one approved document, such as a protective order, police report, or qualified third-party statement, linked to an incident within 180 days.
Owners must keep this information confidential; disclosure without consent or a court order can trigger damages.
To keep survivors safely housed, courts may order a targeted partial eviction that removes the perpetrator while preserving the survivor’s tenancy and household (Code Civ. Proc. § 1174.27).
FAQ
Can I evict a survivor if police are repeatedly called to their unit?
No, don’t base eviction on police contact; address only unrelated, provable breaches.
What proof is needed for early lease termination?
Written notice plus permitted documentation within 180 days; rent after notice is capped at 14 days.
What if the abuser is on the lease?
Courts can remove the abuser; remaining tenants keep obligations unless changed.
Who pays for abuse-related property damage?
Don’t penalize the survivor; document damages, pursue the perpetrator, and follow deposit/repair rules.
Safety First, Compliance Always
AB 1418 forbids cities and counties from penalizing tenants for police contact. California law protects survivors from eviction, permits 14-day early lease termination, and authorizes courts to remove abusers. Update leases, notices, and workflows now to stay compliant and reduce liability.
JTS Property Management handles daily operations: compliant screening, leasing and renewals, rent collection and accounting, maintenance, inspections, vendor oversight, and clear communications.
Partner with us to reduce liability, protect residents, and keep communities safe while your investment performs consistently. Message us today!
Additional Resources
How to Handle Tenant Noise Complaints and Improve Rental Harmony
Background Checks 101: What Fair Oaks Landlords Should Know Before Approving a Tenant
