Victims of Domestic Violence, Harassment, or Criminal Sexual Conduct: Your Rights in Breaking Your Lease

Any tenant in MN who is a survivor of gender-based violence, domestic violence, harassment, or criminal sexual conduct may break a lease to get away for safety.

There are steps you have to follow. Each step must be done right if you want to end your lease.

IMPORTANT! If you live in:

• Public Housing
• Subsidized Housing
• USDA Rural Housing
• Low Income Housing Tax Credit (Section 42) housing 

             OR

• have a Section 8 Voucher

there are different federal laws that protect your rights as a survivor of domestic and/or sexual violence. You can end your subsidized lease, and you have more protections than what is described in this fact sheet. For example, when you end a subsidized lease because of gender-based violence you don’t have to give up your security deposit.

If you are in a subsidized housing program, see our fact sheet Subsidized Housing Rights for Victims of Domestic Violence and Sexual Assault. It has information you may need before taking any steps to end your lease.

The steps you need to take to end your lease can be different for different housing programs. Talk to a domestic violence advocate or call your local legal services office for help at 1(877) 696-6529.

Get a copy of ONE of the documents listed below if you need to break your lease. You only need 1:

• An Order for Protection (OFP)
       OR
• A No Contact Order                                   
       OR
• A Domestic Abuse No Contact Order (DANCO)
       OR
• Something signed by a Court Official. A court official could be a judge, referee, court administrator, prosecutor, or probation officer. It could be a court order, a letter from probation, or a letter from the prosecutor. It should say that you are the victim of domestic abuse, harassment or criminal sexual conduct. It must give the name of your abuser or the perpetrator if you know it AND if it is safe for you to give it.
       OR
• Something signed by city, county, state or tribal law enforcement that says you are the victim of domestic abuse, harassment, or criminal sexual conduct. It could be something like a police report, a recap report or some other document signed by law enforcement. The document must give the name of your abuser or perpetrator if you know it AND if it is safe for you to give it. 
       OR
• A statement from a “qualified third party”. A qualified third party is:
  • A licensed healthcare professional who is seeing you for reasons that have to do with the assault (like a doctor or nurse)
     
  • A sexual assault counselor who works at a crisis center and is trained in crisis counseling to work with victims of sexual assault
     
  • A domestic abuse advocate who works at community-based battered women's shelter. Or an advocate at domestic abuse programs that provides information, advocacy, crisis intervention, emergency shelter, or support to victims of domestic abuse.
     
  • You don’t need to meet with the qualified third party in person. You can meet with them over the phone, in an online meeting, or in person as long as they provide professional services as described above.
     

You can use the form attached to this fact sheet called “Statement by a Qualified Third Party”.

Note: If there is information in any of these documents that you don't want others to see, make copies and then "block" out what you want to keep private. You would cover those parts up with pen or white-out so no one can see them.

For example, you might want to block out details of the assault or information about children. You can block details like this as long as somewhere in the document it says that you or someone living with you is a victim of domestic abuse, harassment or sexual assault.

You have to give written notice to your landlord. You can use the attached “Notice to End Lease Due to Fear of Violence.”  If you write your own notice, it must say:

• That you or someone living in your home are in fear of violence right now from someone.
   
• That you need to end your lease.
   
• The date you want your lease to end (terminate.) You do NOT have to give 30- or 60-day notice. You can pick any date that works for you. Even if you have already left the property for your safety, you can give a date in the future.
   
• What you want the landlord to do with anything you leave behind.
   

You also need to attach a copy of your document from Step 1 above to your written notice.

You can give the written notice by mail, in person, or any way you regularly communicate with your landlord in writing. It could be a text, email, or through a rent portal.

Keep a copy of the written notice and documentation you send to your landlord.

You have to pay full rent for the month you are in the unit. For example, if you give the landlord notice on August 2nd that you want to be out by August 15th, you still have to pay all of August rent when it is due.

Keep proof that you paid the full rent. If you pay with cash, get a receipt. If you pay by money order, make a copy or take a photo of the money order with your landlord’s name filled in. Keep the receipt that shows you bought the money order.

Move by the date you gave in your written notice and return the keys to the landlord.

If you follow each of the 3 steps above, your lease ends on the date you move out. You are not  responsible for rent for the months left on the lease. BUT, if you do not do these things exactly how the law says, you could be held responsible for the rent for the rest of the lease.

Note: Even if you end your lease using the 3 steps above you are still responsible for any money you owed to the landlord before you gave this notice. You may be able to get help to pay what you owe. Contact United Way 2-1-1 for more information.

• Call 2-1-1
• Toll Free: 800-543-7709
• Metro: 651-291-0211

Or visit https://211unitedway.org/.  

IMPORTANT: If you end your lease using the 3 steps above your landlord gets to keep your security deposit. But you don't have to pay anything extra to the landlord be able to move out.

If there are other tenants on your lease, their lease ends at the end of the month you move out. For example, if your written notice says you plan to move out on May 13th, the other tenants’ lease ends on May 31st. They need to move out on that date or sign a new lease with the landlord. They may have to pay a new deposit for their new rental with the landlord. 

A landlord can't tell anyone that you are a victim of violence. They can’t give anyone information from your written notice or the attached document without your written permission. The only time a landlord can share the information without asking is if they need to:

• give the information to a court to evict someone or
• collect unpaid rent or
• collect money for damages to the rental property
   

If your landlord shares your information in violation of the law, you can sue them for money damages of $2,000 plus lawyer fees and costs.

No. The landlord can ask you the name of the person who abused or assaulted you or the person in your home, but the landlord can't make you give that information. You don't have to tell if you think it's not safe to name the person or if you don't know the person’s name. You still get to break your lease under this law if you do everything else. 

No. The landlord can't make you waive your right to use the law described in this fact sheet. This means that any agreement made between you and your landlord that doesn’t follow this law, is not legal. Even if it's in your lease. 

No. If you take the steps outlined in this fact sheet your obligation to the landlord for rent ends. You don’t have to pay more to escape to safety.

Note: Even if you end your lease using the 3 steps above you are still responsible for any money you owed to the landlord before you gave this notice. You may be able to get help to pay what you owe. Contact United Way 2-1-1 for more information.

• Call 2-1-1
• Toll Free: 800-543-7709
• Metro: 651-291-0211
   

Or visit https://211unitedway.org/.  

No. As long as you move out by the date you gave in your notice, your landlord can’t file an eviction case against you. You have a right to terminate your lease due to domestic abuse. If your landlord does file an eviction, you can get that case automatically expunged (erased) by filing a motion in court. See our fact sheet Expunging an Eviction Case for more information.