In Alberta, a tenant whose safety, or a dependent child's or protected adult's safety, is at risk because of domestic violence can end a lease early without penalty. The tenant gets a Safer Spaces certificate and serves it with at least 28 days' written notice, within 90 days of the certificate (Residential Tenancies Act, s.47.3).
This FAQ explains Part 4.1 of Alberta's Residential Tenancies Act for tenants and for landlords who receive a notice. For ordinary notice periods, see how a tenant gives notice in Alberta.
Who can end a lease early for domestic violence in Alberta?
An Alberta tenant can use Part 4.1 if, because of domestic violence, they believe their own safety, a dependent child's or a protected adult's safety is at risk if the tenancy continues (s.47.3(1)). The tenant must be named on the residential tenancy agreement, according to the Government of Alberta's Safer Spaces page.
The Act defines domestic violence broadly (s.47.2). It covers acts by a current or former spouse, adult interdependent partner, intimate or dating partner, a co-parent or a relative, and includes threats creating a reasonable fear of injury, psychological or emotional abuse, forced confinement, coerced sexual contact and stalking.
How does a tenant get a Safer Spaces certificate?
The tenant, or someone acting with the tenant's consent, applies to the designated authority with a supporting document (s.47.4(1)). Alberta accepts either an existing court order, such as an Emergency Protection Order, King's Bench Protection Order, peace bond or restraining order, or a Certified Professional Statement (s.47.4(2)(a)).
The statement can come from a regulated physician, registered nurse, social worker, psychologist or registered psychiatric nurse, a police or RCMP officer, or an authorized shelter or victim-services worker (s.47.4(4)). The designated authority must issue the certificate or say it will not within 7 days of the application (s.47.4(3)). Alberta's Get a certificate page lists email, fax and in-person options at an Alberta Supports Centre.
What must the notice to the landlord say?
The notice must be in writing, signed by the tenant, give the termination date, and be served with the certificate at least 28 days before that date (s.47.3(2), (3)). It must be given no later than 90 days after the certificate was issued (s.47.3(3)(d)). Serve both personally or by registered mail (s.57(1)).
| Step | Requirement | Section |
|---|---|---|
| Certificate decision | Within 7 days of applying | s.47.4(3) |
| Notice period | At least 28 days | s.47.3(2)(a) |
| Deadline to serve | No later than 90 days after the certificate | s.47.3(3)(d) |
| Rent | Only for the notice period, prorated | s.47.3(4)(a) |
| Early-termination penalty | Not payable | s.47.3(4)(b) |
What does the tenant still owe?
The tenant pays rent only for the notice period, prorated if needed, and owes no penalty that would be due only because the lease ended early (s.47.3(4)). On the tenant's request, the landlord must apply the security deposit to rent for the notice period (s.47.3(4)(c)). Alberta notes this does not stop a landlord from pursuing rent arrears or damage costs.
Frequently asked questions
What happens to the other tenants on the lease?
The tenancy ends for all tenants in the same premises, though the landlord and the remaining tenants may sign a new agreement (s.47.3(5)). The victim does not have to tell the co-tenants; the landlord will notify them if needed, according to Alberta's Safer Spaces page.
Can the landlord challenge the notice?
Only on the ground that the notice and certificate were not properly served, and only before the notice period ends (s.47.3(7), (8)). The landlord cannot challenge the certificate itself.
Does the landlord have to keep this confidential?
Yes. A landlord must keep information received under Part 4.1 confidential unless the regulations allow disclosure (s.47.7). The Termination of Tenancy (Domestic Violence) Regulation lets a landlord tell co-tenants only that a notice was served and the termination date (AR 130/2016, s.4(2)).
What if the certificate is refused?
The designated authority's decision is final, but the tenant can reapply if circumstances change (s.47.5(5), (6)). Other routes to end a tenancy are in ending a tenancy in Alberta.
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