Domestic Violence and Changing your Lease Agreement

12 August, 2019
Posted by: Kristina Lukic
On 28 February 2019, changes were made to the Residential Tenancies Act 2010 in relation to Tenants in circumstances of domestic violence.

In a nut shell, the changes allow victims of domestic violence to end their tenancies by serving a termination notice and vacating the premises.

In order to end your lease early under these provisions, you will need to provide your Landlord with any of the following as evidence to support your Notice: -

  1. A copy of a certificate of conviction of a domestic violence offence; or
  2. A copy of an Apprehended Domestic Violence Order (ADVO), either interim or final; or
  3. A copy of a Family Court order for an injunction; or
  4. A declaration by a medical practitioner.

The important things to note are as follows: -

  1. You DO NOT have to pay any fees or compensation to your Landlord for ending your lease early;
  2. Your landlord cannot list you on a residential tenancy database;
  3. The evidence you provide is confidential; and
  4. You may be protected from liability to pay for damage to the premises as a result of the domestic violence.

If you require further advice in relation to ending your lease early due to circumstances of domestic violence, please contact our office to make an appointment with a solicitor to obtain information about your legal rights.

If you are experiencing family violence, please contact your local Police Station or the Police Assistance Line on 131 444.

Domestic Violence and Changing your Lease Agreement

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