CPA · Residential Tenancies Act
Part 4 — .1
47.3 Termination of tenancy for domestic violence
accordance with subsection (2) if, because of domestic violence,
the tenant believes that his or her own safety, that of a dependent
child of the tenant or of a protected adult who lives with the tenant
is at risk if the tenancy continues.
(2) To terminate a tenancy under subsection (1), the tenant shall
serve the landlord with
(a) a notice at least 28 days before the day that the tenancy is to
terminate, and
(b) a certificate in th e prescribed form signed by the designated
authority confirming that there are grounds for terminating
the tenancy.
(3) A notice to terminate under this section must
(a) be in writing,
(b) be signed by the tenant,
(c) set out the termination date, and
(d) be given no later than 90 days after the date on which the
certificate under subsection (2)(b) is issued.
(4) If notice to terminate a tenancy is given under this section,
(a) the tenant shall be responsible for payment of rent only for
the period of notice provided under subsection (2)(a) and
any rent payable during the relevant rent payment period or
periods shall be prorated if necessary,
(b) the tenant shall not be subject to any penalty under the
residential tenancy agreement that would be due only
because of early termination of the agreement, and
(c) on the request of the tenant, the landlord shall apply a
security deposit paid in respect of the residential premises in
payment of the rent during the notice period provided under
subsection (2)(a).
(5) Where a tenancy is terminated under this section, the tenancy is
terminated for all the tenants in the same residential premises but,
for greater certainty, the other tenants and the landlord may agree
to enter into a new landlord and tenant relationship.
(6) In a case where a tenancy is held by more than one tenant, the
designated authority may require a tenant to advise the designated
authority when notice under this section is served so that the
designated authority may, in coordination with the landlord, take
steps to notify the other tenants that the tenancy will terminate.
(7) A landlord may apply to a court to set aside a notice given
under this section only on the ground that the notice to terminate
and the certificate were not properly served on the landlord.
(8) An application under subsection (7) must be made prior to the
expiry of the period of notice under subsection (2)(a) and must be
supported by an affidavit setting out a copy of the notice to
terminate and certificate received by the landlord, if any, and the
time, date and manner in which they were received.
2015 c20 s4