Domestic violence in a rental property
If you or your dependent child are in circumstances of domestic violence, you can end your tenancy immediately. Learn more about what to do and how to get help.
Every person has a right to feel safe and live free from domestic violence.
If there is violence in a rented home, affected tenants should contact the police or a domestic violence advice or support service.
There are options available to improve your safety if you need to leave to escape violence, or if you wish to stay in the rented property.
Ending a tenancy
If you or your dependent child are in circumstances of domestic violence, you can end your tenancy immediately. There is no minimum notice period or penalty in these circumstances.
You will need to give a domestic violence termination notice to the landlord and each co-tenant in a shared tenancy. You will also need to attach the required evidence to the domestic violence termination notice that is given to the landlord.
A domestic violence termination notice does not need to be given in person.
Find out more about ending a tenancy because of domestic violence.
Goods left behind
If you have had to leave your belongings behind at the rental property, there are rules for how they may be dealt with. Find our more about Goods left behind in a rental property.
Staying in the property
Below are some steps you can take to improve your safety if you decide to stay in the rented property.
Remove a co-tenant who is a perpetrator of domestic violence
If the perpetrator is a co-tenant, you can apply for a final Apprehended Violence Order (AVO) that excludes them from having access to the property. If this order is made against a co-tenant, their co-tenancy will automatically end. The tenancy then transfers to any remaining co-tenant(s) named on the agreement.
If there is no final AVO or if the AVO does not include an exclusion order, you or another co-tenant may apply to the Tribunal to end the perpetrator’s tenancy.
If you are a tenant in a social housing property, you should contact your provider for more information.
Ask for your name to be put on the tenancy agreement if you are not already a tenant
If a final AVO excluding a tenant from accessing a rented property is made, and you are a remaining occupant in the property but not a tenant, you can ask the landlord to name you as a tenant on the tenancy agreement.
If the landlord or agent refuses, you may then apply to the NSW Civil and Administrative Tribunal (NCAT) for an order to be recognised as a tenant under the original agreement.
Change locks or other security devices
Changing the locks or other security devices immediately can increase your safety.
Find out how to get locks and security devices changed.
Co-tenants affected by domestic violence terminations
A tenant ending their tenancy immediately in circumstances of domestic violence can have a direct impact on co-tenants in a shared tenancy.
Non-perpetrator co-tenants have a 2-week grace period where they only have to pay a part of the rent. This gives them time to find a new co-tenant or apply to the Tribunal to have their tenancy terminated.
If a perpetrator co-tenant remains, they must pay the full rent amount, as specified in the tenancy agreement, from the date when the domestic violence termination notice was served.
Property damage caused by domestic violence
A tenant experiencing domestic violence is not responsible for any damage caused by a domestic violence perpetrator (even if the perpetrator is not a tenant) during a domestic violence offence.
A co-tenant who is not the domestic violence perpetrator does not have to pay for this type of damage either.
Find out more about getting repairs done in a rental property and about responsibilities for damage to a rental property.
Help and support
There is a range of support services available for victim-survivors of domestic violence.