Resiliation of a Lease

Spousal Violence or Sexual Aggression

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 public prosecutor at the courthouse in your municipality or by contacting the crime victims assistance centre (CAVAC) in your region.

To obtain additional information or the request for an attestation, consult the website of the Minister of Justice.