A tenant who must leave a dwelling to ensure his or her safety or the safety of a child living with him or her due to abuse perpetrated by a partner or a former partner or aggression of a sexual nature.
To resiliate a lease because of abuse perpetrated by a spouse or a former spouse or because of sexual aggression, regardless of whether the aggressor lives with the victim or not, a written notice must be sent to the landlord within the prescribed deadline, along with the required documents.
It is highly recommended to tenants to use the form provided by the Régie du lodgement for that purpose, Notice of Resiliation of Lease Because of Spousal Violence or Sexual Aggression, which complies with legal standards.
Resiliation of the lease takes effect
- 2 months after the notice is sent, if the lease is for a term of 12 months or more;
- 1 month after the notice is sent, if the lease is for an indeterminate term or a term of less than 12 months.
The lease can be resiliated more quickly if an agreement is reached between the tenant and the landlord or if the dwelling is rented to another person. Once the lease has been resiliated, the tenant is no longer required to pay the rent.
If the tenant, leaves the dwelling before the resiliation takes effect, he or she must continue to pay the rent until the prescribed date. The tenant must also pay for any personal services or care provided for in the lease and received before the termination of the lease.
Additional information on resiliating a lease because of spousal violence or sexual aggression can be obtained by contacting the office of the Directeur des poursuites criminelles et pénales at the courthouse of the judicial district concerned or the Centre de communication avec la clientèle of the ministère de la Justice du Québec.
Proof of delivery
The Régie recommends that notices between lessors and lessees be provided in one of the following ways:
- By registered mail
- By hand (obtain an acknowledgement of receipt)
- By any other means enabling proof that that the notice has been sent and received
In the event of a hearing, proof that a notice has been sent and received may be required.