Domestic Violence and Lease Termination: What You Need to Know About Article 1974.1 of the Quebec Civil Code
The Quebec Civil Code recognizes the urgency of protecting individuals who are victims of violence, allowing them to leave unsafe living environments quickly. Article 1974.1 of the Quebec Civil Code provides a critical way out. Since its introduction in 2006, this provision has been vital in supporting the well-being of victims.
In 2022, the legal framework around this provision was expanded to make it clear that all forms of domestic violence, including psychological abuse, qualify as grounds for terminating a lease. A recent court case, Gilbert c. Bernier (2023 QCCQ 3840), reinforces this broad interpretation of domestic violence, aligning with the law’s original intent to protect individuals from unsafe living environments, and that any form of violence is grounds for lease termination.
Importantly, victims of violence do not need a police report or criminal charges to terminate their lease. To do so, they simply need to complete a form called the “Request for an Attestation for the Purpose of Rescinding a Lease on Grounds of Violence or Sexual Assault.” This form must be signed under oath and submitted along with the following documents:
- A copy of the lease agreement
- A statement to the police (if available), or a letter from a healthcare professional or a victim services provider supporting their request
Once the documents are ready, they should be sent to the nearest DPCP service point. A prosecutor will then review the submission and either accept or reject the attestation.
Under Article 1974.1, the termination of the lease will take effect two months after the notice of the lease termination is sent by the tenant if the lease is 12 months or more, or one month after the notice is sent if the lease is for less than 12 months or is of indefinite duration. The victim will be solely responsible for their portion of the rent until the termination date takes effect. The abuser, even though the victim is granted relief, is not automatically released from the obligations tied to the lease. In Lurette c. Perron-Desfossés (2017 QCRDL 4251), the Court ruled that the lease was terminated only for the victim of domestic violence, while the abuser became the sole remaining tenant, and was fully responsible for the entire rent amount after the termination notice period.
This highlights the need for careful consideration of lease responsibilities in cases where there is a termination due to violence. It is crucial for both landlords and tenants to seek legal guidance to navigate these situations. As the law continues to evolve, understanding the rights and responsibilities under Article 1974.1 can help ensure that both the safety of the victim and the financial fairness to all parties involved are respected.
