Terminate your lease in situation of sexual violence, spousal violence or violence towards a child

You can ask to terminate your lease, namely to be terminated, if your safety or the safety of a child living with you is threatened, if:

• you have been assaulted by your intimate partner;
• you have been sexually assaulted, regardless of who is the perpetrator;
• a child living in the dwelling covered by the lease has been victim of violence.

You can terminate your lease, even if:

• you never filed a complaint with the police;
• it's a sublease: you have the right to terminate a sublease or a lease, because it’s the same conditions.

If you never signed a lease, you can leave your apartment without a need to fill in application forms. 

If you have general questions concerning the termination of a lease, see the page Termination of a lease of the Tribunal administratif du logement website.

To get a termination, you must have signed your lease and follow these 3 steps.

1st step: Have an attestation from a public officer

With this attestation, a public servant or a public officer designated by the ministère de la Justice recognized that terminate your lease is necessary for your safety or the safety of a child living with you.

For example, a prosecutor of the Directeur des poursuites criminelles et pénales (DPCP), acting as a public officer, can issue the attestation. The prosecutor is a lawyer working for the DPCP. 

To obtain this attestation, you need 3 documents. 

1) You must fill the form Request for an attestation for the purpose of resiliating a lease on grounds of sexual violence, spousal violence or violence towards a child living in the dwelling covered by the lease.

• Printable version of the form (PDF 346 Kb)
• Version of the form to be completed online (PDF 402 Kb)

The section “Oath or Solemn Affirmation” must be filled and signed by you and a Commissioner for Oaths.

Search for a Commissioner for Oaths (in French only)

You can also go to a courthouse for a Commissioner for Oaths to sign the part “Oath or Solemn Affirmation”.

Search for a courthouse (in French only)

If needed, you can get a copy of this form at : 

• a courthouse;
• a police station;
• a point of service of the DPCP (in French only) ;
• a Crime Victims Assistance Centre (CAVAC) ;
• a centre d’aide et de lutte contre les agressions à caractère sexuel (CALACS) ; 
• a Women’s Shelter for women victim of domestic violence (in French only) ;  
• an institution in the health and social services network (hospitals, Youth centers, etc.).

2)    You need to give a copy of your lease.
3)    You need to give one of these 2 following documents: 

• a copy of your statement to the police, or the police service that handled your case (ex: Sûreté du Québec);
• a document (ex: a letter) supporting your request from a person related to you or the child living with you.

This person could be: 

• your physician;
• another health professional that helped you or the child living with you (psychologist, psychiatrist, pediatrician);
• a person working for an institution in the health and social services network (hospitals, Youth centers, etc.);
• a professional from a victim service organization: CAVAC, CALACS, Women’s Shelter.

To have this attestation, send these 3 documents to the nearest DPCP's point of service (in French only) of your home.

A prosecutor will respond your request quickly. 

He could ask to meet you. The prosecutor could also communicate with a person named in your request or a professional in contact with you to get more information.

If the decision rendered is a refusal, the prosecutor will send you a ‘’Attestation Refusal‘’. You can ask questions about this refusal if you want to.

You live in Montreal and you are victim of domestic violence? 

You can also send your attestation to the Montréal’s municipal court.

If you have any question, you can communicate with the DPCP’s point of service or the Municipal court to talk with a public officer. 

Public officers designated (in French only) (PDF 301 Kb)

2nd step: Fill a Notice for an attestation for the purpose of resiliating a lease

Once you received an Attestation from a public officer, fill Notice of termination of a lease because of spousal violence, sexual violence or violence towards a child .

If you can’t get the Form online, you can have it at an office of the Tribunal administratif du logement .

If needed, consult the Tribunal administratif du logement to get more information on this notice. 

3rd step: Giving the Attestation and the Notice to your landlord

Send to your landlord : 

• the Notice of termination of a lease because of spousal violence, sexual violence or violence towards a child.
• the Attestation of the public officer.
   

Termination of a lease takes effect 2 months after the Notice of termination is sent to your landlord.

If the lease is for an indeterminate term or a term of less than 12 months, the termination takes effect one month after the notice is sent.

The delay can take less than one month if the apartment is leased back, or if the parties (landlord, signatory) agree on a date.

You may obtain up to 2 months rental and moving fees from the Direction de l’Indemnisation des victimes d’actes criminels (IVAC) following your request to terminate your lease because of sexual violence, spousal violence or violence towards a child living in the dwelling covered by the lease.

Communicate with the IVAC to know if you are eligible to the compensations and the amount you could obtain.

You are entitled to emergency financial assistance if you are the victim of sexual or spousal violence.

This assistance will allow you:

• to quickly leave a dangerous environment if your safety, or the safety of your dependents, is threatened;
• to obtain medical care related to the violence suffered;

To know how to obtain emergency financial assistance