Domestic violence is a serious issue that affects many individuals and unfortunately because of the gaslighting, the victim is often left feeling they don’t know where to turn and ending their tenancy can seem to be the proverbial straw.
What is domestic violence?
Domestic Violence (pursuant to Section 47.2 Residential Tenancies Act (RTA)) now encompasses a broader range of acts than it did in the past and includes any intentional or reckless act or omission that causes injury or property damage and that intimidates or harms a person, any act or threatened act that intimidates a person by creating a reasonable fear of property damage or injury to a person, conduct that reasonably in all circumstances, constitutes psychological or emotional abuse, forced confinement, sexual contact of any kind that is coerced by force or threat of force and stalking.
The violent acts listed must be done by a specific category of individuals in order to be categorized as ‘Domestic’ these are:
- a spouse or partner;
- a current or past interdependent adult partner;
- a person they are or have dated;
- a person that has care and custody over them pursuant to an order of a court;
- the biological or adoptive parent of one or more children with that person, regardless of their marital status;
- or, a person related by blood, marriage or adoption.
Therefore, the threshold requirement to obtain the necessary certificate is that the tenant believes their safety, the safety of their dependent child(ren) or the safety of a protected adult is at risk because of “domestic violence” if the tenancy continues (47.3(1)).
Lease Options for Victims of Domestic Violence in Alberta
For tenants in Alberta experiencing any of these subcategories of domestic violence, the prospect of ending a lease early to seek safety can be daunting. If you are such a tenant planning an escape, you might feel not only trapped by the mind games and emotional abuse coming from the abuser, but also by your financial and housing circumstances. However, in 2016, the province of Alberta provided a legal avenue in the RTA to support victim tenants facing such situations, through the statutory option to terminate a tenancy early without repercussions in such circumstances. If you are a victim of domestic violence, you may be facing many obstacles, but ending your tenancy in Alberta does not have to be one of them.
The 2016 Safer Spaces Amendments
Alberta’s Residential Tenancies Act (RTA) has provisions to protect tenants who are victims of domestic violence. In 2016, the Alberta government introduced amendments to the RTA which were made by the Safer Spaces for Victims of Domestic Violence Amendment Act and the Termination of Tenancy (Domestic Violence) Regulations. These amendments allow tenants experiencing domestic violence to terminate their rental agreements early without penalty, provided they obtain and serve a Safer Spaces Certificate pursuant to the RTA 37.4(1). If a restraining Order, peace bond, King’s Bench Protection Order or similar such court order is in place and you have a copy of the documentation, that document can be used in place of a certificate, because those documents independently corroborate that domestic violence occurred.
Steps to End a Tenancy Due to Domestic Violence
If you are going the certificate route, first victims must obtain a key document called a "Certified Professional Statement" from a designated authority. A designated authority must according to 47.4(4) RTA be a person from specific groups of people including physicians, nurses, social workers, psychologists, police officers, shelter workers, and victim support workers. This certificate confirms that there are grounds to terminate the tenancy early due to domestic violence. The authority that you’ve contacted has 7 days to either grant the certificate and provide it to you or refuse to provide it and advise you of that 47.4(3). There are also various domestic violence support services that can assist you in your search for such a professional if you don’t have access to one currently. These services often have lists of healthcare professionals experienced in handling such cases who can issue the necessary certificates.
Once the certificate is obtained, the tenant must provide the landlord with written notice to terminate the tenancy. The notice must be given at least 28 days before the intended date of termination.
This is called a ‘Termination Notice’; the notice must:
- Be in writing
- Signed by the tenant.
- Contain the date on which it is being given.
- Contain the tenant’s name and the address of the rental property.
- Contain the termination date on which the tenancy will be terminated – at least 28 days after the notice is given.
- The termination notice must be supported by a certificate, confirming that domestic violence grounds for early termination of the tenancy do exist, issued by a designated authority (or one of the other Orders mentioned).
- If using a certificate, the Landlord must receive the notice, with supporting certificate no later than 90 days after the date on which the certificate under subsection 47.3(2)(b) is issued.
This notice must then be delivered to the Landlord in a manner that ensures receipt. This can be done by hand delivery, registered mail, or another method. The important thing is being able to confirm delivery, which is why registered mail is a popular option. Remember KEEP A COPY of everything you serve on the Landlord. The termination notice must be supported by a certificate, confirming that domestic violence grounds for early termination of the tenancy do exist, issued by a designated authority.
The landlord is required to maintain confidentiality regarding the certificate and the reasons for termination. Failure to do so is made an offence, with the landlord liable to a fine of up to $5,000 (section 7 of Bill 204, amending section 60(1)(a) of the Residential Tenancies Act).
Tenant Protections and Legal Breaks
Upon following the required process, tenants can leave their rental agreements without facing penalties such as losing their security deposit, being liable for future rent payments after the termination date and facing a penalty for early termination. Pursuant to 54.2(2) RTA the tenant has the right to bring disputes over these matters to the Residential Tenancy Dispute Resolution Service, which is a targeted administrative tribunal that resolves issues between landlords and tenants.
Resources for Victims of Domestic Violence
- Alberta Council of Women’s Shelters: (https://acws.ca/). Provides a list of local shelters and support services across Alberta.
- Family Violence Info Line: 310-1818 (toll-free, available 24/7). Offers help and information about family violence in Alberta.
- Alberta Law Line: (http://www.lawcentralalberta.ca/). Free legal information service that can assist with understanding rights and resources.
Resources for Tenant Support
- Service Alberta Consumer Contact Centre: 1-877-427-4088. For questions regarding tenant rights and the Residential Tenancies Act.
- Calgary Legal Guidance: (https://clg.ab.ca/) Provides legal assistance and guidance for tenants dealing with rental issues.
- Edmonton Community Legal Centre: (https://www.eclc.ca/) Offers free legal information and advice for low-income individuals.
- Central Alberta Community Legal Clinic (Red Deer) (Community Legal Clinic) Offers legal information and advice for low-income individuals.
Alberta tenants facing domestic violence should never feel trapped in a rental agreement due to fear of financial repercussions. Alberta’s legal framework supports tenants in taking the necessary steps to ensure their safety and well-being. Seeking help and utilizing available resources can empower tenants to make informed decisions.
One such resource for temporary housing could be a ‘bridge’ housing program such as the trailblazing program located in the city of Edmonton, Alberta: Bridge Housing which assists people seeking temporary shelter due to a housing crisis. It supports people seeking medium term stays of 30-90 days.
Remember there is always a way out, and since 2016 the Residential Tenancies Act is in the victim’s corner in situations where a tenant faces domestic violence. Many low-cost legal information resources exist for tenants. If your case is complex and you feel that you may need legal advice in addition to these resources, contact a lawyer for a consultation to determine whether you have a strong case against the landlord and bring your supporting documents to the consultation.