Article 1974.1 C.c.Q.: Lease termination: sexual violence, spousal violence, or violence towards a child

A lessee may resiliate the current lease if, because of sexual violence, spousal violence or violence towards a child living in the dwelling covered by the lease, the safety of the lessee or of the child is threatened. The resiliation takes effect two months after a notice is sent to the lessor or one month after the notice is sent if the lease is for an indeterminate term or a term of less than 12 months. However, 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 from a public servant or public officer designated by the Minister of Justice, who, on examining a judgment confirming a situation of violence or the lessee’s affidavit that there exists a situation involving violence 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. The public servant or public officer must act promptly. If part of the rent covers the cost of services of a personal nature provided to the lessee or to a child of the lessee who lives with the lessee, the lessee is only required to pay that part of the rent that relates to the services which were provided before he or she vacated the dwelling. The same applies to the cost of such services if they are provided by the lessor under a contract separate from the lease.

Civil Code of Québec, art. 1974.1 C.c.Q.

What this article means

Article 1974.1 offers vital protection to victims of violence by letting them terminate their lease early. Three separate grounds are recognized: sexual violence, spousal violence, or violence towards a child who lives in the dwelling. This provision recognizes that staying in a home can be dangerous when a person's safety, or a child's, is threatened.

The notice of lease termination must be accompanied by an attestation from a public servant or public officer designated by the Minister of Justice. This attestation is issued confidentially, based on the victim's statement and documents supporting their situation. The landlord has no access to the details: the attestation is enough to make the termination valid, and any attempt to demand further explanation intrudes on the victim's privacy.

Lease termination takes effect two months after the notice is sent, or one month if the lease is for an indeterminate term or a term of less than 12 months. During that period, the tenant remains responsible for the rent, except for the portion covering personal services (meals, care, assistance) that were not provided after they left. If you are in immediate danger, other emergency measures exist (a protection order, emergency shelter); article 1974.1 settles the lease, not your immediate safety.

What it means for you

If you are a tenant

If you are a victim of sexual violence or spousal violence, or if a child who lives with you is a victim of violence, you have the right to terminate your lease without penalty. Reach out to SOS violence conjugale (1-800-363-9010) or a support organization in your area for help. The process is confidential.

You will need to obtain an attestation from a public servant designated by the Minister of Justice, then send your landlord a notice of lease termination together with that attestation. The landlord cannot refuse the termination or demand details about your situation. If you have a roommate who co-signed the lease, talk to a support organization to understand how this affects the shared lease.

If you are a landlord

When you receive a notice of lease termination under article 1974.1, accompanied by the required attestation, you must accept the termination. You cannot demand details about the tenant's situation or contest the termination. The victim's confidentiality is protected by law.

The lease ends when the notice period runs out (two months, or one month for leases that are for an indeterminate term or less than 12 months). You can begin looking for a new tenant as soon as you receive the notice. If rent has been paid in advance beyond the termination date, you must refund the excess: especially the portion tied to personal services that are no longer being provided.

Related articles

• Article 1972 C.c.Q.: Resiliation: Dwelling Unfit for Habitation
• Article 1974 C.c.Q.: Lease termination: disability, low-rental housing, or admission to a CHSLD
• Article 1975 C.c.Q.: Termination for a tenant who leaves or abandons an unfit dwelling
• Article 1976 C.c.Q.: Termination of a lease accessory to an employment contract
• Article 1863 C.c.Q.: Lease termination for non-performance of obligations
• Article 1936 C.c.Q.: The right to remain in the dwelling