Termination of a residential lease because of domestic violence or sexual assault

You can apply for the termination of your residential lease if your safety (or the safety of a child living with you) is threatened by the violence of a current or former spouse, or because you have been a victim of sexual assault.

Conditions

You can only request the termination of your lease if you are the person who signed the lease.

Note: if you did not sign the lease, you do not need to apply for its termination before you leave.

Termination process

You must send the owner of the dwelling the two following documents:

  1. The Notice of resiliation of lease because of spousal violence or sexual aggression.

    The Notice of resiliation of lease because of spousal violence or sexual aggression is a request to the owner of the dwelling to terminate the current residential lease because of domestic violence or sexual assault. You can obtain more information about the Notice from the Régie du logement
  2. Attestation from a public officer

    The attestation from a public office is a document in which a government employee, or public officer, states that the termination of the lease is a measure that will ensure your safety or the safety of a child living with you.

    Obtaining an attestation

    To obtain the attestation, you must send three documents to the office of the criminal and penal prosecuting attorneys at the courthouse serving the municipality where the alleged actions occurred, or at the courthouse serving the municipality where you have sought shelter.

    The three documents are:

    1. the form Request for an attestation for the purpose of resiliating a lease on grounds of violence or sexual assault, duly completed and signed by a commissioner for oaths.

      A printed version of the form is available at

      • a courthouse,
      • a police station,
      • a crime victim assistance centre (CAVAC),
      • an assistance centre to combat sexual assault (CALACS),
      • a shelter,
      • an establishment in the health and social services network (hospital centre, health and social services centre, or youth centre);

    2. a photocopy of your lease;

    3. one of the following documents:

      • a copy of your statement to the police,
      • a document from a person with whom you, or a child living with you, is already in contact, such as

        • a case worker at an assistance centre for victims of crime (CAVAC),
        • a case worker at a shelter,
        • a case worker at an assistance centre to combat sexual assault (CALACS),
        • a case worker at an establishment in the health and social services network (hospital centre, health and social services centre, or youth centre),
        • a physician or other professional.

For more information, contact the office of the Director of Criminal and Penal Prosecutions at the courthouse serving the municipality where the dwelling is located.

Effective date of lease termination

The lease termination takes effect two months after the notice is sent to the owner of the dwelling, or after one month if the lease is for an indeterminate term or is for a term of less than 12 months.

In every case, the termination can take effect before the prescribed time if the dwelling is rented to another party or if the parties agree on an earlier date.

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