Ending a Lease Early to Escape Family Violence in Alberta

If your home is no longer safe, you may need to leave a rental quickly. Many people worry about being stuck with rent or damaging their rental history.

This article explains how the Protection Against Family Violence Act can help with your housing and expenses, and what to gather. The exact rules and notice periods for ending a tenancy early should be confirmed with a lawyer or a tenant advisory service before you act.

This article covers the law of Alberta.

Could you stay and have the other person removed?

Leaving is not the only option. An emergency protection order can give you exclusive occupation of the residence for a specified period, whether or not the home is jointly owned or leased, and police can be directed to remove the other person.

A landlord cannot evict you solely because you are not a party to the lease. A protection order does not change ownership or title to property.

An emergency protection order may be granted without notice to the other person if family violence has occurred, you have reason to believe it will continue or resume, and the order is needed for immediate protection because of the seriousness or urgency of the circumstances.

Family violence includes intentional or reckless acts that cause injury or property damage and intimidate or harm a family member, threats that create a reasonable fear of injury or property damage, forced confinement, sexual abuse and stalking. Family members include current or former spouses, current or former adult interdependent partners, and people who have lived together in an intimate relationship.

For separating couples, a separate exclusive home possession order exists that is not based on violence. It turns on who would be most inconvenienced or the children's best interests.

Ending the tenancy with short notice

The notice you must give, and whether a shortened period is available for family violence, depends on the tenancy rules that apply to your home and the type of rental. Confirm the current rules with a lawyer or a tenant advisory service.

Whatever route you take, do it in writing, keep a copy, and tell your landlord what you are doing. If you want to keep your location private, ask how your forwarding address can be handled.

In court proceedings under the Act, court clerks must keep your location confidential unless you consent, and hearings may be closed and publication banned.

How the two kinds of protection order differ

Which order suits you depends on how urgent your situation is. The table sets out the main differences, and a lawyer can help you choose.

An emergency protection order is made in the Court of Justice without notice and must be reviewed within 9 working days. A King's Bench protection order is applied for directly in the Court of King's Bench and normally requires notice to the other party. A protection order may not exceed one year unless it is extended.

A protection order provision is not effective against a person unless that person has actual notice of it.

Documents that may help

• Your lease and any rent receipts.
• Any protection order or emergency protection order, which shows a court has found family violence or immediate danger.
• Government-issued ID; you need clear copies of the front and back to apply for an emergency protection order by phone.
• Records of what has happened, such as dates, photos and messages.
• Receipts for moving and accommodation costs.

Recovering the costs of leaving

A King's Bench protection order can include reimbursement of monetary losses from the violence, including medical, moving, accommodation and legal costs. That kind of order is normally sought on notice to the respondent.

The offence of breaching a protection order does not apply to a reimbursement provision under s. 4(2)(d) of a King's Bench protection order. A lawyer can explain how to collect a reimbursement award.

What to do next

• Call police or RCMP if you are in immediate danger.
• Ask whether an emergency protection order that gives you the home suits you better than leaving.
• Contact Legal Aid Alberta duty counsel at the Edmonton Law Courts or Calgary Court Centre for EPO help.
• Get advice on the notice rules for your tenancy before you send anything to your landlord.
• Keep every receipt for costs caused by the violence.

Frequently asked questions