Yes, if you meet all these conditions:

• Your safety, or that of a child living with you, is threatened because of spousal or sexual violence.
  
  
• In the case of spousal violence, the violent behaviour must come from a spouse or former spouse (including an unmarried partner).
  
  
• You have notified your landlord of your situation and your wish to end your lease, and have provided her with an "attestation" (see the questions below for more information about this).

Important! You do not have to lodge a complaint with the police to be allowed to end your lease for spousal or sexual violence.

Of course, you can always come to an agreement with your landlord to end your lease even if you do not meet all of these conditions.

You can request an end to your lease for all types of sexual violence, including sexual assault and threats of sexual assault, if the sexual violence means that you or a child living with you cannot safely continue to live in the same place.

It is not necessary that the sexual violence come from a spouse or former spouse.

Here are some examples of sexual violence:

• You, or the child who lives with you, have been victims of sexual assault (including inappropriate “touching”) in your home or in your neighbourhood.
  
  
• You, or the child who lives with you, are afraid of being sexually assaulted by someone who knows your address and has previously threatened you.
  
  
• You, or the child who lives with you, have been victims of exhibitionism (someone who shows his genitals for sexual purposes) or voyeurism (someone who spies on his neighbours to see their breasts or genital organs) in your home, building or neighbourhood.

Here is an example: Cynthia was sexually assaulted by another tenant. Cynthia relives her experience every time she sets foot in her building. Also, the attacker was released from jail while waiting his trial and moved back into his apartment in her building. Cynthia can end her lease if she takes the necessary steps.

To legally end your lease, you must give these documents to your landlord:

1. A document from the office of the Directeur des poursuites criminelles et pénales (or in some cases, the Municipal Court of Montreal) stating that you have been the victim of spousal or sexual violence and giving you the right to end to your lease. This document is officially called an "attestation". (See the question "How do I get an attestation?".)
   
   
2. A written notice informing your landlord about your situation and your intention to end the lease. (See the question "I got my attestation. I understand that I have to send it to my landlord with a notice. What do I put in that notice?")

Remember to keep proof that your landlord has actually received these documents, in case she contests the end of the lease before the Rental Board (Régie du logement). To prove that she received the documents, you can use registered mail, the services of a bailiff, or even hand-deliver the documents to your landlord and ask for her signature acknowledging receipt.

An Attestation is a document from the office of the Directeur des poursuites criminelles et pénales (or in some cases, the Municipal Court of Montreal) stating that you have been the victim of spousal or sexual violence and giving you the right to end your lease.

Here's what you must do to get an attestation:

1) Complete the form Request for an attestation for the purpose of resiliating a lease on the grounds of violence or sexual assault.

This form is also available at:

• police stations
  
• shelters
  
• courthouses
  
• Crime Victims Assistance Centres (CAVACs)
  
• Centres d’aide et de lutte contre les agressions à caractère sexuel (CALACs)
  
• health and social service centres (CSSSs)
  
• hospitals
  
• youth centres

In the form, you are asked to:

• Give information about yourself (name, address, how to reach you), the place you live, your landlord, and your lease.
  
• Attach a copy of your lease.
  
• Explain in your own words why your safety or that of your child is threatened. You can mention all the information you think is relevant.
  
• Let the person who will process your request give and receive information that might be relevant (for example, a police report, if the situation was reported to the police).

Once you have filled out the form, you must take an oath before a commissioner of oaths (judge, clerk, notary, lawyer, mayor, other authorized person) and then sign the form. By “taking an oath”, you swear that what you are saying in the form is true.

To find a commissioner of oaths near you, visit the Justice Quebec website.

2) In support of your request for an attestation, you must get one or more documents showing that you were the victim of spousal or sexual violence.

Examples of documents in support of a request for an attestation:

• a copy of your statement to the police regarding the spousal or sexual violence or a copy of the police incident report
  
• documents presented by a representative of a women’s shelter, Crime Victims Assistance Centre (CAVAC) or Centre d’aide et de lutte contre les agressions à caractère sexuel (CALAC)
  
  
• a document issued by a doctor, social worker or other professional who has helped you

You must send your form Request for an attestation for the purpose of resiliating a lease on the grounds of violence or sexual assault (don’t forget to attach a copy of your lease!) and your supporting documents to the office of the Directeur des poursuites criminelles et pénales or the courthouse closest to your home. To find the location of the closest courthouse, visit Justice Québec’s website.

However, if you filed a complaint with the Montreal police (SPVM) for spousal or sexual violence, you must instead submit your form and supporting documents to Montreal’s municipal court.

Your request for an attestation is confidential.

Yes. Someone at a CAVAC (Crime Victims Assistance Centre) or CALAC (Centres d’aide et de lutte contre les agressions à caractère sexuel) can help you free of charge.

No, you only have to pay for postage.

There is no set time limit, but the law says requests for attestations must be processed quickly.

The notice to your landlord must include:

• the date
  
• your name
  
• the address of the dwelling subject to the notice
  
• the name and address of your landlord
  
• a statement that you want to resiliate (end) your lease because your safety or that of a child who lives with you is threatened by spousal or sexual violence
  
• the date the lease will end (see the next question)
  
• your signature

You can find a model notice in PDF format on the Régie du logement’s website.

Remember that giving the notice and attestation to your landlord does not immediately end your lease. You are still responsible for paying the rent until the end of the lease. To know when it will end, read the next question

It depends on the type of lease you have.

lease of 1 year or more: lease ends 2 months after sending the notice to the landlord

lease of under 1 year or lease with no set length: lease ends 1 month after sending the notice to the landlord

During the waiting period (1 month or 2 months, as the case may be), you must pay the rent.

Important! You and your landlord can agree to end your lease immediately or at any other time.

You can also let your landlord find another tenant who can move in right away. If she finds a tenant who wants to move in before the end of the 2 months or the 1 month waiting period (whichever applies), you will not have to pay your rent for that period.

Yes. Nothing prevents you from leaving your dwelling.

However, there is a difference between "leaving your dwelling” and "ending your lease”. If you leave your dwelling without sending an attestation and notice to the landlord, you are still legally bound by your lease and must pay your rent until the end of the lease.

If you leave your dwelling after sending an attestation and notice to the landlord, you are still legally bound by your lease and must continue to pay your rent, but only for a period of 1 month or 2 months, whichever applies.

Leaving Without Paying the Rent

In all cases, if you leave your dwelling and you stop paying your rent, your landlord can get an order against you to end your lease and forcing you pay her rent you owe. This can negatively affect your finances or your credit file. Also, once she has a copy of the order, your landlord might seize your property and/or your salary.

Be aware that your landlord can end your lease without going before the Régie du logement if:

• you stop paying your rent, and
  
  
• you disappear with all your belongings without telling her why you are leaving, and
  
  
• all the circumstances show you are leaving for good.

If your landlord wants to claim unpaid rent or be reimbursed for damages you've caused, she must go before the Régie du logement.

You can object to your tenant’s request to end the lease if you do not receive an attestation of spousal or sexual violence or a notice informing you of this situation and the tenant’s intention to end the lease.

If your tenant sends you these 2 documents, she is exercising her right to end the lease. Whether you agree or not, the lease will end in 1 to 2 months (whichever applies) after you receive the documents.

If you think that your tenant made up a false story of spousal or sexual violence to get out of the lease, and you are considering challenging the early ending of the lease with the Régie du logement, you should know that decision-makers at the Régie du logement (commissioners) attach a lot of weight to the attestation of spousal or sexual violence.

In one real case, a landlord tried to convince the commissioner that his tenant was not really a victim of spousal abuse. The commissioner refused to review the specific circumstances of the tenant. In his decision, the commissioner said that it was not up to him to examine the validity of the attestation. He had to assume that whatever was said in the attestation was true.