Title 3. Of Summary Proceedings · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases · Enacted 2022 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1174.27 lets a court excuse a tenant or occupant from eviction liability in a residential case alleging abuse or violence, once documentation supports that affirmative defense, while allowing a partial eviction limited to the actual perpetrator so the rest of the household can remain in the unit.
(a)This section shall apply to an unlawful detainer proceeding in which all of the following are true:
(1)The proceeding involves a residential premises.
(2)The complaint includes a cause of action based on an act of abuse or violence against a tenant, a tenant's immediate family member, or a tenant's household member.
(3)A defendant has invoked paragraph (2) of subdivision (d) of Section 1161.3 as an affirmative defense to the cause of action described in paragraph (2).
(b)For the purposes of this section, the definitions in subdivision (a) of Section 1161.3 apply.
(c)The court shall determine whether there is documentation evidencing abuse or violence against the tenant, the tenant's immediate family member, or the tenant's household member.
(d)If the court determines there is not documentation evidencing abuse or violence against the tenant, the court shall deny the affirmative defense.
(e)If the court determines that there is documentation evidencing abuse or violence against the tenant, the tenant's immediate family member, or the tenant's household member, and the court does not find the defendant raising the affirmative defense guilty of an unlawful detainer on any other grounds, then both of the following:
(1)The defendant raising the affirmative defense and any other occupant not found guilty of an unlawful detainer shall not be guilty of an unlawful detainer and shall not be named in any judgment in favor of the landlord.
(2)The defendant raising the affirmative defense and any other occupant not found guilty of an unlawful detainer shall not be held liable to the landlord for any amount related to the unlawful detainer, including, but not limited to, holdover damages, court costs, lease termination fees, or attorney's fees.
(1)If the court makes the determination described in subdivision (e), upon a showing that any other defendant was the perpetrator of the abuse or violence on which the affirmative defense was based and is guilty of an unlawful detainer, the court shall do both of the following:
(A)Issue a partial eviction ordering the removal of the perpetrator of abuse or violence and ordering that person be immediately removed and barred from the dwelling unit, but the court shall not order the tenancy terminated.
(B)Order the landlord to change the locks and to provide the remaining occupants with the new key.
(2)If a court issues a partial eviction order as described in subparagraph (A) of paragraph (1), then only a defendant found guilty of an unlawful detainer may be liable for holdover damages, court costs, lease termination fees, or attorney's fees, as applicable.
(3)If the court makes the determination described in subdivision (e), the court may, upon a showing that any other defendant was the perpetrator of the abuse or violence on which the affirmative defense was based and is guilty of an unlawful detainer, do any of the following:
(A)Permanently bar the perpetrator of abuse or violence from entering any portion of the residential premises.
(B)Order as an express condition of the tenancy that the remaining occupants shall not give permission to or invite the perpetrator of abuse or violence to live in the dwelling unit.
(4)In exercising its discretion under this subdivision, the court shall take into account custody or visitation orders or arrangements and any other factor that may necessitate the temporary reentry of the perpetrator of abuse or violence.
(g)The Judicial Council shall develop a judgment form for use in a ruling pursuant to subdivision (e) or (f).
(h)Notwithstanding any other law, a determination that a person is a perpetrator of abuse or violence under subdivision (e) or (f) shall not constitute a finding that the person is a perpetrator of abuse or violence for any other purposes and shall not be admissible as evidence that the person committed a crime or is a perpetrator of abuse or violence in any other proceeding, including, but not limited to, a civil action or proceeding, a criminal action or proceeding, and a proceeding involving a juvenile for a criminal offense.
Plain-English Summary
This section applies only when three things line up: the case involves residential property, the complaint includes a cause of action based on abuse or violence against a tenant or the tenant's family or household member, and a defendant has raised the affirmative defense described in § 1161.3(d)(2). When those conditions are met, the court must decide whether documentation supports the claim of abuse or violence — and if it doesn't, the defense is denied.
If the documentation does support the claim, and the defendant raising it isn't otherwise guilty of an unlawful detainer, that defendant and any other occupant not found guilty aren't guilty of unlawful detainer, aren't named in the landlord's judgment, and owe the landlord nothing tied to the case — no holdover damages, court costs, lease termination fees, or attorney's fees.
But if a different defendant is shown to be the actual perpetrator and is guilty of unlawful detainer, the court doesn't just let that person off with the rest of the household. It must order a partial eviction: removing and barring the perpetrator from the unit, without terminating the tenancy itself, and requiring the landlord to change the locks and give the remaining occupants a new key. Only the perpetrator can be held liable for damages, costs, or fees in that scenario. The court also has discretion to permanently bar the perpetrator from the property or to condition the tenancy on the remaining occupants not inviting the perpetrator back, weighing any custody or visitation orders along the way. None of these findings count as a finding that someone committed abuse, violence, or a crime in any other proceeding.
Frequently Asked Questions
Can documentation of abuse or violence protect me from eviction?
Yes, if the case is residential, alleges abuse or violence, and you raise the affirmative defense under § 1161.3(d)(2) with supporting documentation, the court can find you not guilty of unlawful detainer and free of liability for the case.
What happens to the actual abuser if I raise this defense successfully?
If that person is shown to be the perpetrator and guilty of unlawful detainer, the court must remove and bar that person from the unit and order the landlord to change the locks, while the rest of the household stays.
Will this affect other legal cases involving the abuser?
No. Section 1174.27(h) says a perpetrator finding here doesn't count as a finding of abuse, violence, or a crime in any other proceeding.
Does this defense end my tenancy?
No. When the court orders a partial eviction of the perpetrator, it must not order the tenancy terminated for the remaining occupants.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as:domestic violence defense eviction californiaabuse documentation unlawful detainer californiapartial eviction perpetrator california