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.

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 This hyperlink will open in a new window. of the Tribunal administratif du logement website.

Conditions

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

1st step: Have an attestation from a public official

With this attestation, a public agent or a public official 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 violence or sexual assault This hyperlink will open in a new window..

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) This hyperlink will open in a new window.

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) This hyperlink will open in a new window.

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

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) This hyperlink will open in a new window. 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 all the questions you want 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 at: 

775 Gosford Street
Montréal (Québec) H2Y 3B9

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

Public officials designated (in French only) (PDF 317 Kb)

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

Once you received an Attestation from a public agent, fill Notice of termination of a lease because of spousal violence or sexual aggression This hyperlink will open in a new window..

If you can’t get your Request online, you can have it at an office of the Tribunal administratif du logement This hyperlink will open in a new window..

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 or sexual aggression;
  • the Attestation of the public officer.
     

End of a lease

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.

Reimbursed Expenses

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 in situation of domestic violence or sexual assault.

Communicate with the IVAC This hyperlink will open in a new window. to know if you are eligible to the compensations and the amount you could obtain.

Emergency financial assistance

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