Leaving a Rental Because of Family Violence in British Columbia

If you are afraid in your home, the lease can feel like one more thing holding you in place. You may be wondering whether you can leave quickly, whether you will owe rent, and whether the person harming you can keep living in the unit.

This article explains how British Columbia's Family Law Act treats family violence and which court orders can affect your housing. The specific notice and proof requirements for ending a tenancy early come from tenancy law. Those depend on your situation, so confirm them before you act.

This article covers the law of British Columbia.

What counts as family violence

The Family Law Act defines family violence broadly. It includes physical abuse, including forced confinement or deprivation of the necessities of life, but not reasonable force used to protect yourself or others. It also includes sexual abuse and attempts to physically or sexually abuse a family member.

Psychological or emotional abuse counts too. That covers intimidation, harassment, coercion, threats (including threats about other people, pets or property), stalking or following, and intentional damage to property. Unreasonable restrictions on your financial or personal autonomy are also family violence.

The abuse must involve a family member. That includes a spouse or former spouse, a person you live or have lived with in a marriage-like relationship, and the other parent or guardian of your child. A dating partner, co-worker or stranger who is not a family member cannot be named in a Family Law Act protection order, but a criminal peace bond can be used against anyone.

Your housing options in practice

People in this situation generally face three choices: leave, stay with added protection, or ask the court to keep the other person away from the home. Which fits depends on your safety, who is on the lease, and your relationship to the other person.

• Leave and end the tenancy: the notice and proof rules come from tenancy law and should be confirmed before you give notice.
• Stay and seek a protection order: the court can include terms restricting attendance at specified places.
• Ask for exclusive occupation: a spouse can ask the Supreme Court for exclusive occupation of the family residence for a specified period.

Exclusive occupation applies to spouses, including qualifying marriage-like spouses, and only in the Supreme Court. It does not give you a proprietary interest in the home. A Part 9 protection order restricting access to a residence can be made in either court, regardless of that limit.

How a protection order works

A court may make a protection order against a family member if it decides family violence is likely to occur and you are an at-risk family member, meaning your safety and security is or is likely at risk. You can apply yourself, someone can apply on your behalf, or the court can act on its own, and no other family proceeding is needed first.

The application can be made without notice to the other person. If so, the person the order is made against can apply to set it aside, change it or end it. The court looks at things like history of violence, whether it is escalating, controlling behaviour, recent separation, weapons, and your own perception of risk and vulnerability.

Both the Supreme Court and the Provincial Court have jurisdiction under the Act. Legal Aid BC's guide says there is no court fee to apply in Provincial Court, and that a Supreme Court filing fee can be waived if you cannot afford it. Supreme Court Family Rules forms include F54 for a protection order and F85 for an order to waive fees.

Ending the tenancy early

Whether you can end a tenancy on short notice, what notice you must give, and what proof you must provide are questions of tenancy law, not family law. The answers can depend on the type of tenancy, whose name is on the lease, and whether others are on it. Do not assume you can leave without liability until you have confirmed the rules.

Having a court record can help you explain your situation, but whether any particular document counts as proof for ending a tenancy is something to check directly. A lawyer or a tenant advocate can confirm this for your lease.

What to do next

• Make a safety plan before you tell anyone you are leaving.
• Keep copies of your lease, texts, photos, medical records and police reports somewhere the other person cannot reach.
• Ask a lawyer or tenant advocate what notice and proof apply to your tenancy.
• Consider whether a protection order, exclusive occupation or both fit your situation.
• If you get an order, keep a copy with you. Court staff usually enter orders in the Protection Order Registry the same day a judge signs them, and police can confirm an order's details at any hour.

Unless the court provides otherwise, a protection order expires one year after it is made. If you need it extended, changed or ended, the application must be made before it expires. Disobeying an order is an offence under Criminal Code s 127, and enforcement may include arrest without warrant.

Frequently asked questions