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Terminating a residential lease in the event of spousal violence or sexual aggression
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Since April 1, 2006, the Civil Code has allowed a tenant to terminate her/his residential lease if:
- her/his safety or that of a child living with her/him is threatened as a result of domestic violence on the part of a spouse or a former spouse, or as a result of sexual aggression, even on the part of someone who is neither a spouse or a former spouse;
- terminating her/his lease would ensure her/his safety or that of a child living with the tenant.
Only the person who signed the lease can terminate it. People who live in the apartment with the person who signed the lease but who have not sign it can leave the apartment without asking for permission.
The lease will be terminated as a result of domestic violence or sexual assault three months after a termination notice has been sent to the lessor, or one month after the notice has been sent in the case of a lease for an undetermined period or lasting less than 12 months.
In all cases, the lease shall be terminated prior to the end of this period if the apartment is re-leased or if the parties agree otherwise.
• What should the tenant do to have a lease terminated?
• What is a termination notice?
• What is an attestation from a public officer?
• Where can the tenant obtain the documents needed to terminate a lease?
• Excerpt from the Civil code of Québec
• For more information
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What should the tenant do to have a lease terminated?
To terminate a lease, the tenant should send the lessor the two following documents:
- a notice of resiliation of lease because of spousal violence or sexual aggression;
- an attestation from a public officer indicating that it is necessary to terminate the lease to ensure the tenant’s safety or that of a child who lives with the tenant.
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What is a termination notice?
The notice to terminate a lease because of spousal violence or sexual aggression is a document in which the tenant asks the landlord to terminate a residential lease in effect for reasons of spousal violence or sexual aggression. This request must be made using the form entitled Notice of resiliation of lease because of spousal violence or sexual aggression.
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What is an attestation from a public officer?
This attestation is a document in which a public officer designated by the Justice Minister acknowledges that terminating the lease is a measure needed to ensure the safety of the lessee or that of a child living with the tenant.
To obtain an attestation from a public officer, the tenant must submit three documents:
- the form entitled Request for an attestation for the purpose of resiliating a lease on grounds of violence or sexual assault, which has been duly completed. The tenant must back this request with an oath and must complete the section of the form entitled Oath or solemn affirmation and submit it in person to a commissioner of oaths, where both parties will sign the section. If the tenant does not know a commissioner of oaths, she/he may contact the courthouse for her/his municipality;
- a document supporting the request, which may include:
- a copy of the police statement;
- a document from a person in contact with the tenant or the child living with the tenant, which may be one of the following people:
- a copy of the lease.
The tenant must send these three documents to the bureau du Directeur des poursuites criminelles et pénales for the courthouse in her/his municipality.
The request will be handled confidentially by one of the public officers designated by the Justice Minister.
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Where can the tenant obtain the documents needed to terminate a lease?
The tenant can obtain the form entitled Notice of resiliation of lease because of spousal violence or sexual aggression from the Régie du logement  .
The form entitled Request for an attestation for the purpose of resiliating a lease on grounds of violence or sexual assault, can also be obtained at the bureau du Directeur des poursuites criminelles et pénales for the courthouse for her/his municipality as well as from one of the following sites:
- police department;
- crime victims assistance centre (CAVAC);
- assistance centre for victims of sexual assault (CALACS);
- shelter;
- a health and social services network facility (hospital, health and social services centre, youth centre).
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Excerpt from the Civil Code of Québec
Article 1974.1 A lessee may resiliate the current lease if, because of the violent behaviour of a spouse or former spouse or because of a sexual aggression, even by a third party, the safety of the lessee or of a child living with the lessee is threatened.
The resiliation takes effect three months after the sending of a notice to the lessor or one month after the notice if the lease is for an indeterminate term or a term of less than 12 months, or before the end of that period if the dwelling is re-leased or the parties agree otherwise.
The notice must be sent with an attestation from a public servant or public officer designated by the Minister of Justice, who, on examining the lessee’s sworn statement that there exists a situation involving violence or sexual aggression, and other factual elements or documents supporting the lessee’s statement provided by persons in contact with the victims, considers that the resiliation of the lease is a measure that will ensure the safety of the lessee or of a child living with the lessee. The public servant or public officer must act promptly.
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Request for an attestation for the purpose of resiliating a lease:
• Request for an attestation for the purpose of resiliating a lease
on grounds of violence or sexual assault
Notice of resiliation of lease because of spousal violence or sexual aggression form:
• Régie du logement
Crime victims assistance centres (CAVACs):
• CAVAC website
The Shelters:
• Regroupement provincial des maisons d'hébergement et
de transition pour femmes victimes de violence conjugale (In French)
• Fédération de ressources d'hébergement pour femmes
en difficulté et violentées du Québec (In French)
The regroupement québécois des CALACS:
• Regroupement québécois des CALACS website
The health and social services network
• Ministère de la Santé et des Services sociaux (In French)
S.O.S. violence conjugale
• Organization website (In French)
Measures to fight domestic violence:
• Government action plan 2004-2009 on domestic violence
The addresses and telephone numbers of Québec courthouses:
• Courthouses
The judicial district a municipality is located in:
• Search for a judicial district
The conditions of the crime victims compensation program:
• INFOVAC-Plus (In French)
The federal Policy Centre for Victim Issues:
• Policy Centre website
The community legal centre in your region:
• Commission des services juridiques website 
Laws relating to assistance for victims of crime:
• Act respecting assistance for victims of crime
• Crime Victims Compensation Act
This document is intended to provide general information only and has no legal value.
We hope this document has helped to answer your questions but if some aspects remain unclear, do not hesitate to contact us. We cannot, however, interpret the information to address a specific situation.
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Latest update: July 30, 2009
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