Women who are victims of conjugal violence are sometimes forced to leave their home to ensure their safety. The law provides for the possibility of terminating their lease.
Terminating Your Lease
Some women who are victims of conjugal violence are sometimes forced to leave their home to ensure their safety.
Since 2006, section 1974.1 of the Civil Code authorizes the termination of a lease without penalty if, due to a spouse or ex-spouse’s violence, the woman’s safety or that of their children is threatened.
This section of the law stipulates a three-month notice. However, some landlords allow victims to terminate their lease more quickly.
You can terminate your lease even if you have not filed a complaint with the police or if it’s a sublease agreement.
If you have not signed a lease, you can leave your apartment freely, without asking to terminate it.
Staying in Your Apartment
In the event of separation, the person who signed the lease has the right to decide if their ex-partner can stay in the apartment or not. If both partners co-signed the lease, each of them has the right to stay in the apartment and they must therefore come to an agreement.
In certain situations, a woman who is the victim of conjugal violence and has custody of her children may obtain the right to exclude the other parent from the residence if it is in the best interest of the children. Don’t hesitate to contact a lawyer to help you assess your situation.
This page provides general information on the law in force in Quebec and the available resources. Under no circumstances does it constitute legal advice. For more information, please feel free to contact us or consult a lawyer.