Confidentiality
A landlord must ensure that any information received from or about a victim of domestic violence is kept confidential unless the landlord is authorized by the tenant to disclose that information. For example:
- a landlord cannot talk to other tenants about the victim’s situation or why they’re moving out
- a landlord may be required to disclose information in connection with an investigation or prosecution
Rent payment
The tenant is still required to pay rent during the notice period (at least 28 days).
If requested by the tenant, a landlord must apply the security deposit as rent payment for the notice period. This doesn’t prevent a landlord from seeking reimbursement for previous rent or utility arrears, or costs for damage to premises.
Co-tenants
When a lease ends due to a certificate being issued, the tenancy agreement of everyone living with the victim will be terminated too. The victim is not responsible for telling other tenants that the tenancy is ending, but can if they feel comfortable doing so. Otherwise, the landlord will notify these tenants of the termination.
The other tenants should consult the landlord if they wish to stay at the premises. As the landlord, you can choose to enter a new rental agreement with the remaining tenants.
Exceptions
A landlord may apply to court or the Residential Tenancy Dispute Resolution Service (RTDRS) to turn down a notice to terminate if it wasn’t properly served. For example:
- the tenant didn’t provide proper notice of termination; tenants are required to provide at least 28 days’ notice, along with the signed certificate from the designated authority confirming there are grounds for terminating the tenancy
- the tenant didn’t serve the notice and certificate to the landlord in person or by registered mail
- the notice isn’t in writing or signed by the tenant, or doesn’t include the date that the tenancy will terminate
- the notice is served more than 90 days after the date on which the certificate was issued
For more information
For more information about your rights and responsibilities as a landlord, call the Service Alberta and Red Tape Reduction Contact Centre at 1-877-427-4088.
See also Consumer Tips Residential Tenancies (Safer Spaces for Victims of Domestic Violence) Amendment Act