IMPORTANT
The contents of this leaflet are for information purposes only and do not replace the legislation.
The staff at the Régie du logement can inform you of the recourse available to you for contesting a decision, the applicable procedure before the Régie and the deadlines involved. However, our staff cannot inform you of the procedures applicable before the other tribunals. If you need assistance, contact an attorney or notary.
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The Civil Code of Québec provides that a lessee may resiliate the current
lease if :
- the safety of the lessee or of a child living with the lessee is
threatened because of the violent behaviour of a spouse or former spouse or
because of a sexual aggression, even by someone who is not the
lessee's spouse or former spouse;
- the resiliation of the lease is a measure that will ensure the
safety of the lessee or of a child living with the lessee.
Only the person who signed the lease may apply for resiliation. Persons who
did not sign the lease, but who occupy the dwelling with the person who signed, may
vacate the dwelling without applying.
Resiliation of the lease because of spousal violence or sexual aggression
takes effect two months after notice is sent to the lessor, or one month after notice is
sent when the lease is for an indeterminate term or for fewer than 12 months.
In all cases, the resiliation takes effect before the two-month or one-month
period expires if the parties so agree or when the dwelling, having been vacated
by the lessee, is re-leased by the lessor during that same period.
The notice must be sent with an attestation designated
by the Minister of Justice who, having examined 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.
To obtain an attestation for the purpose of resiliating a residential lease
on the ground that the safety of the lessee or of a child living with the lessee is threatened,
the lessee must contact the office of the Attorney General’s prosecutors in the area
where the events alleged by the lessee took place or, if necessary, in the area
where the lessee found refuge.
Note :To obtain additional information or
the request for an attestation, consult the
Website of the Ministère de la justice:
http://www.justice.gouv.qc.ca
WEB SITE OF THE RÉGIE
http://www.rdl.gouv.qc.ca
HOW TO REACH US BY TELEPHONE
From Monday to Friday Between 8:30 a.m. and 4: 30 p.m.
Montréal, Laval and Longueuil areas :
514 873-BAIL (2245) *
Elsewhere in Quebec :
1 800 683-BAIL (2245) *
* An automated information service is available around the clock.
| Please have on hand all necessary documents before making your call. |
The Régie du logement is under the jurisdiction of the Minister of Municipal Affairs, Regions and Land Occupancy. FI-251 (05-12) | 
