Breaking a Lease Due to Family Violence in BC

Author: SiLaw Group Family Lawyers
Date: Jul 17, 2020
Updated: Aug 5, 2026
Read time: 2 min read

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Yes — a tenant in BC can end a fixed term tenancy early to get away from violence, without paying a penalty for leaving before the end of the term. Section 45.1 of the Residential Tenancy Act sets out the route: written notice effective no earlier than one month after the landlord receives it, meeting the form requirements in s. 52, and accompanied by a statement under s. 45.2 from a person authorized under the regulations.

Because tenancy forms and Residential Tenancy Branch procedure change more often than the statute does, confirm the current form with the Branch before you serve anything.

Who Qualifies Under Section 45.1

Section 45.1 applies where a statement under s. 45.2 confirms that, if the tenant remains in the rental unit, the safety or security of:

• the tenant, or a dependant of the tenant who lives in the rental unit, is or is likely at risk from family violence carried out by a family member of the tenant. "Family violence" here has the meaning given to it in the Family Law Act — that definition, not the everyday sense of the words, is the one that decides who counts; or
• the tenant or an occupant is or is likely at risk from household violence, defined in s. 45.1 (1) as violence, with or without an intent to harm a tenant or occupant, that has adversely affected the tenant's or occupant's quiet enjoyment, security, safety or physical well-being, or is likely to do so if they remain in the rental unit.

The same section also lets a tenant end a fixed term tenancy early where the tenant has been assessed as requiring long-term care, or has been admitted to a long-term care facility (s. 45.1 (2) (b) and (c)).

Household violence is the branch that widened the section. Before it was added, s. 45.1 reached only violence by a family member, which left out violence by someone the tenant lived with but was not related to.

The Notice and the Confirmation Statement

Two things have to happen together:

1. Notice to the landlord. The notice must be effective on a date not earlier than one month after the landlord receives it, and on the day before the day in the month that rent is payable.
2. A statement under section 45.2. The notice must be accompanied by a statement confirming the tenant's eligibility, made in the approved form by a person authorized under the regulations who has assessed the tenant and the tenant's circumstances.

Without the s. 45.2 statement, the notice does not do its job — this is the step tenants most often miss.

A Note on the Timeline

This post was written in July 2020, shortly after the household violence branch of s. 45.1 came into force on May 30, 2020. That branch came from Bill M 206 — 2019, the Residential Tenancy Amendment Act, 2019, a private member's bill introduced by Andrew Weaver — a rare route for a change like this. The amendment itself was passed in 2019 and was not a COVID-19 emergency measure, although it took effect during the pandemic. The definition of household violence was broadened again effective June 17, 2021. You can trace the versions on the BC Laws point-in-time record for the Residential Tenancy Act.

If the Lease Is Not the Only Problem

If you need an urgent protection order because you fear a family member, or someone who lives with that family member, call SiLaw Group at (778) 381-9977 and we can point you to the right next step. Our guide to family protection orders in BC covers what a judge can order and how to apply urgently, and our note on the tort of coercive control after Ahluwalia covers the civil claim side.

The first 30 minutes is free, and you can book a consultation online.