When a tenant on a fixed term or year-to-year lease is experiencing domestic violence they can terminate the tenancy at any time by giving the landlord one month’s notice using a Form C: Tenants’ Notice to Quit and a certificate from the Director of Victim Services. The certificate must have been issued within 60 days for it to be valid.

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.

A landlord is required to keep the information given to them by a tenant, including the certificate, confidential. The only reason a landlord can apply to have the Notice to Quit set aside for this reason is if the certificate and form were not served properly.

If one tenant terminates a tenancy through this means, the tenancy is terminated for everyone on the lease.

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 relating to the tenant has been issued within 90 days of the application for the certificate.

• 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.