Law takes effect allowing abuse survivors to end leases early without penalty
Posted Aug 9, 2016 1:58 pm.
This article is more than 5 years old.
CALGARY – People fleeing domestic violence in Alberta can now end their leases early without financial penalty.
Calgary MLA Deborah Drever put forward a private member’s bill last fall that aims to break down one of the major hurdles for many fleeing abuse.
“I heard from one woman that her landlord refused to let her out of her lease due to physical abuse. It wasn’t until her boyfriend broke a bottle on her arm, then she was left with visible injuries, that she was able to finally break the lease,” Drever said.
The legislation passed unanimously late last year and, following months of consultations, the amendments to the province’s Residential Tenancies Act are now in effect.
Lethbridge-East MLA Maria Fitzpatrick lent her support once again to the bill.
She recalled her nine years of abuse at the hands of her ex-husband.
“Twice I tried to leave and twice I was forced to return. I knew I couldn’t afford it if the landlord sued me for the rest of the rent I owed,” Fitzpatrick said.
In order to break a tenancy agreement early, people must present their landlords with a certificate showing they are at risk.
To get a certificate, they must give the Human Services Ministry an emergency protection order, peace bond or statement from a certified professional, like a doctor, nurse, social worker or psychologist.
The province estimates about 60 to 100 certificates may be issued a year.
YWCA CEO Sue Tomney said this will have a meaningful impact on the women it helps.
“Safety should be the first and only consideration in leaving the home where abuse and violence is present,” she said.
Kim Ruse, the executive director of the Calgary Women’s Emegency Shelter said this will remove a lot of barriers.
“Recently we worked with a woman that I will call Jane,” Ruse explained. “Jane was living in her car to keep herself safe. She was still in a lease with her abusive ex-partner and was still responsible for the rent at the old apartment and unable to afford a new residence.”
— With files from the Canadian Press
