Escaping Domestic Violence
13/05/2010
The sad reality is that far too many people continue to face violence in their own homes - failing victim to abusive partners and dangerous living conditions. On top of emotional distress and fear for personal safety, some victims face legal barriers to leaving their abusive homes, such as a lease or rental agreement.
Under the Residential Tenancies Act, 2006 all tenants must provide no less than 60 days notice to a landlord to terminate a lease, and if in a fixed-term lease, must wait until the final 60 days of the lease period before being allowed to do so. Unless a landlord is willing to voluntarily waive their rights, or does so under a private negotiated agreement with the tenant, there is no recourse.
Since the Residential Tenancies Act, 2006 does not provide a mechanism for victims of domestic violence to seek early termination of a lease, a victim could be subject to serious financial or administrative obstacles to escaping a violent home. For example, a victim in this situation could be liable for rent during the notice period or remaining lease period, financial penalties for breach of contract, or have to rely on the hope of a negotiated settlement with a landlord.
That is why I proposed the Escaping Domestic Violence Act, 2010, to give victims of domestic violence a mechanism for the early termination of a lease, which will allow them to find a safe new place to call home. Under Bill 53, the period of notice to a landlord is reduced to 28 days or more. In order to qualify, the victim must provide one of the following documents with the notice: a Peace Bond, Restraining Order, or letter from a police force confirming an investigation of domestic violence is taking place. Domestic violence as it pertains to this Act is defined.
The Bill was introduced on May 5, 2010 and passed Second Reading on May 13, 2010.
Below is a copy of the Bill, along with a Backgrounder with additional information. Please take a moment to review this material and provide me with your feedback. I want to capture your ideas and suggestions to make sure that this Bill reflects the needs of our community.