BILL NO. 31
4th Session, 61st General Assembly
61 Elizabeth II, 2012
Private Member's Bill
Residential Tenancies Act
First Reading: April 18, 2012
This Bill gives tenants the right to terminate a year-to-year lease at any time if there has been documented domestic violence.
1 Chapter 401 of the Revised Statutes, 1989, the Residential Tenancies Act, is amended by adding immediately after Section 10E the following Section:
(a) one month's notice to quit; and
(ii) a letter from a police force stating that a police investigation of domestic violence is taking place with regard to the allegation that one or more of the acts or omissions referred to in clause (2)(c) has been committed by a person referred to in subsection (3) against the tenant or a dependent child of the tenant, or
(a) an order has been made under subsection 810(3) of the Criminal Code (Canada) as a result of an act or omission alleged to have been committed by a person referred to in subsection (3) against the tenant or the child;
(b) an order has been made under Section 6 of the Domestic Violence Intervention Act as a result of an act or omission alleged to have been committed by a person referred to in subsection (3) against the tenant or the child; or
(vi) a series of acts that collectively causes the tenant or the child to fear for his or her safety, including following, contacting, communicating with, observing and recording the tenant or the child.
(a) a spouse or former spouse of the tenant within the meaning the Maintenance and Custody Act;
(b) a person who is living in a conjugal relationship with the tenant, whether within or outside marriage, or who has lived with the tenant in a conjugal relationship for any period of time, whether or not they are cohabiting at the time notice is given under subsection (1);(4) Where a notice is given under this Section, the landlord shall ensure that all information included in the notice is kept confidential.
(5) Where a tenancy is terminated pursuant to subsection (1), the tenancy is terminated for all the tenants in the same residential premises, but the other tenants may enter into a new landlord and tenant relationship with the landlord with the consent of the landlord, and the consent may not be arbitrarily or unreasonably withheld.
(6) Where other tenants reside in the same residential premises, the tenant seeking to terminate a tenancy pursuant to this Section shall serve all the tenants in the same residential premises with a copy of the notice to quit at least one month before the termination of tenancy.
(7) Where notice is given under this Section, the copy served to all tenants in the same residential premises must not include any information that would disclose the nature of the termination and that information must be kept confidential by the landlord.
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