Early Lease Termination for Domestic Violence: BC Tenant Rights

If you are a tenant in British Columbia facing domestic violence, the law gives you important rights to protect your safety. The Residential Tenancy Act provides a legal process to end your lease early without penalty when escaping violence in your home. This guide explains your rights, the forms to use, and actionable steps under British Columbia’s current laws.

Understanding Domestic Violence Protections for BC Tenants

Domestic violence or threats of violence at home can make a rental unsafe. Under BC law, tenants who are experiencing (or at risk of) family violence—or whose children are—have the right to end their tenancy early to protect themselves. This applies to all types of rental agreements, including fixed-term leases and month-to-month tenancies.

Key Legal Protections

• You can break your lease early if you (or a child living with you) are fleeing family violence or have been sexually assaulted in your rental.
• You must provide specific notice and documentation to your landlord using an official government form.
• Your landlord cannot charge a penalty or withhold your security deposit for using these protections, provided you follow the process correctly.

For more details on tenant and landlord rights across the province, see Tenant Rights in British Columbia.

How to Legally End Your Lease Early Due to Domestic Violence

To use these protections, you must give your landlord a special notice form, plus evidence from an authorized professional (such as a police officer, doctor, or social worker).

Required Form: Notice to End Tenancy for Family Violence or Long-Term Care

• Name & Number: Notice to End Tenancy – Family Violence or Long-Term Care (RTB-35)
• Where to get it: Download the RTB-35 form from the BC Government
• When to use: If you or your dependent are experiencing family violence or sexual violence and need to move for safety.

You must include written confirmation from an authorized professional, such as:

• A registered health professional
• A police officer
• A social worker or victim services worker

This confirmation shows you (or your child) are at risk and require a safer home.

How Much Notice is Required?

You must give at least one full month’s written notice. This means handing in your notice before the day the next rental period begins (e.g., before May 1 to move out May 31).

Practical Action Steps for Tenants

• Get the RTB-35 form and fill it out completely.
• Request confirmation of family violence or risk from a qualified professional listed above.
• Give both the notice and the confirmation to your landlord. It’s generally a good idea to keep a copy for your records.
• Move out by the end date on your notice. Remove all your belongings to avoid being charged for later occupation.

Once you have provided the required documents, your tenancy is legally set to end—you do not need your landlord's approval.

What About Your Security Deposit?

If you properly end your lease using the RTB-35 process, your landlord must return your security deposit (minus any legitimate deductions for damage or unpaid rent). For more moving out tips, see Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit.

Your Rights and Responsibilities Under the Law

If you are ending your tenancy early due to violence, you are still responsible for:

• Paying rent up to the end date of your notice period
• Leaving the unit clean and undamaged

You cannot be evicted, penalized, or harassed for using the protections granted by the Residential Tenancy Act (British Columbia)^[1].

Where Are Cases and Disputes Handled?

If you encounter problems (for example, your landlord refuses the notice or withholds your deposit), the BC Residential Tenancy Branch can help. This government office oversees landlord-tenant issues, including early lease termination due to domestic violence.

Additional Considerations for Tenants

Domestic violence situations can be complex and emotional. If you are uncertain about your rights, consider contacting a tenant advocate or legal aid. You may also want to review Common Issues Tenants Face and How to Resolve Them for broader support as a renter.

For tenants looking for a safe new home after leaving a dangerous situation, Find rental homes across Canada on Houseme for affordable and flexible choices.

Frequently Asked Questions (FAQ)

1. Can my landlord refuse my notice if I use the RTB-35 form due to domestic violence?
   No. If you properly complete the RTB-35 form with the required confirmation, your landlord must accept it and cannot penalize you.
2. Will I lose my security deposit if I end my tenancy early due to domestic violence?
   Not automatically. As long as you complete the correct process and leave the unit in good condition, your deposit must be returned (minus allowable deductions).
3. What if I need to move out immediately—can I give less than a full month’s notice?
   The law requires at least one month’s notice. In emergencies, reach out to the Residential Tenancy Branch or a tenant support service for urgent help or to discuss special circumstances.
4. Who can confirm that I am experiencing family violence for this process?
   Confirmation can come from a health professional, police officer, social worker, victim services worker, or other approved professionals listed on the RTB-35 form.
5. Does this law apply if I am on a fixed-term lease?
   Yes, these protections apply to both fixed-term and month-to-month tenancies.

Key Takeaways for BC Tenants

• Tenants fleeing violence can end their lease early without financial penalty by using the right form and process.
• Provide at least one month’s notice and written confirmation of your circumstances.
• The Residential Tenancy Branch handles disputes and offers further assistance if needed.

This process empowers you to prioritize your safety and housing stability. See Tenant Rights in British Columbia for additional information about your rights as a renter.

Need Help? Resources for Tenants

• BC Residential Tenancy Branch: Call 1-800-665-8779 for support or questions about tenancies and ending a lease due to domestic violence.
• VictimLink BC: 24/7 confidential support for anyone experiencing violence (1-800-563-0808).
• BC Government Tenant Support Services: Listings of tenant advocate organizations across the province.
• Official RTB-35 Form – Notice to End Tenancy for Family Violence

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1. Residential Tenancy Act (British Columbia)
2. Ending a tenancy for family or sexual violence (BC Government)
3. RTB-35: Notice to End Tenancy Form (PDF)

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