Domestic Violence
If you believe you or your children are experiencing domestic violence, you can call 211 at any time to get connected to resources. If you are in immediate danger, call 911.
If you are a child (under 18) and experiencing any problems at home, you can call the Kids Help Phone at: 1-800-668-6868
To find immediate shelter in your area, visit: https://thans.ca/our-shelters/
If you or anyone you know is having problems with their rental housing because of domestic violence, see our Violence in Rental Housing page, or call Dalhousie Legal Aid: Mon-Fri between 9am-4:30pm at 902-423-8105
A tenant on a month-to-month or week-to-week lease can end their tenancy with one month or one week’s notice – they do not need to give a reason. See Giving Notice for more information.
For tenants on a year-to-year or fixed-term lease, if you are experiencing domestic violence in your home you have a few options:
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You can end the tenancy without penalty by giving the landlord one month’s Notice to Quit (via a Form Q that you receive from Victim Services). And a certificate from Victim Services confirming there are grounds to end the tenancy.
You can apply to end the tenancy anytime in the 60 days after the certificate is issued.
The only reason Residential Tenancies can deny the end of the tenancy is if the Certificate or Notice to Quit wasn’t properly issued or given to the landlord. See Serving Documents for more information.
This will end the lease for every tenant on the lease. Keep reading if you or someone else would like to stay in the unit.
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If you want to stay in the unit, and you’re looking to get your abuser out - or, if you are a roommate or another tenant on the lease who wants to stay living there - you must still follow the steps (detailed above) as if you were going to leave.
When you give the landlord to Notice to Quit and Certificate - tenants can request to enter into a new lease at the exact same terms as the old lease. The landlord can’t change the rent or switch to a fixed term lease. Similar to a lease reassignment.
After you make this request, the landlord has only 10 days to apply to deny the request. If they don’t, the lease is considered to be continued at the same terms.
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If a landlord gets a request from a tenant ending their lease for domestic violence to enter into a new lease (e.g., they are trying to get their abuser off the lease, or they want to leave but their roommates want to stay) the landlord can’t deny this for no reason.
They have 10 calendar days to apply to Residential Tenancies for a hearing to deny the request. This must include the reasons why the landlord wants to refuse the request.
While waiting for a hearing, the tenant has the right to keep living in the unit until there is a decision.
No matter which route you take, the landlord is required by law to keep everything confidential.
Victim Services
The tenant (or someone on behalf of the tenant) can apply for a certificate from Victim Services if one of the following conditions have been met:
An emergency protection order (EPO) relating to the tenant has been issued within 90 days of the application for the certificate, OR;
The Director of Victim Services is satisfied that all of the following have been met:
A domestic violence complaint has been made to the police identifying the tenant as a victim.
A peace bond or other order of the court is currently in force that requires the abuser to have no contact with the tenant.
After completing an assessment, the Director has reason to believe the tenant is a victim of domestic violence.
Victim Services can request information from the police to help make their decision. They are not required to consider or hear from the abuser. The decision by Victim Services to issue a certificate or not is final and cannot be appealed, but tenants can re-apply for a certificate if their circumstances change.
Victim Services cannot be asked or forced to testify at Residential Tenancies or any court related to give information or produce documents related to this application.
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Residential Tenancies and/or the landlord does not have the right to access any records behind the decision of Victim Services to issue a certificate. (XYZ Limited v. A.A., 2017 NSSM 79)