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My boyfriend and I were living in an apartment that was rented in his name. Under a protection order the judge gave me exclusive possession of the apartment for six months. My boyfriend says that he will tell the landlord and have me evicted. Can he do this?

No. The Protection Against Family Violence Act specifically provides that in this situation you cannot be evicted just on the basis that you are not a party to the lease. Further, your boyfriend is probably in breach of the protection order by making this threat to you.

You now have the right to ask your landlord to tell you what the status of the lease is and to tell you about any outstanding claims the landlord has against your boyfriend, for example, for unpaid rent. You can then decide if you want to take on the responsibilities and obligations of the lease in your own name.

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July 2003

see also:

• National: Family Violence

Other Family-Related FAQs:

• Adoption Records in Alberta
• Family Law Act
• Marriage

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