Domestic violence and renting

Domestic violence (DV) is when someone you are in a relationship with, or were in a relationship with, or a member of your family, tries to hurt or control you. Examples of domestic violence include physical, emotional, financial, sexual or verbal abuse, isolating you from your family and friends, or damaging your property. Domestic violence can also include coercion and control. For more information about DV see the resources at Women’s Legal Service NSW.

If you or your children are in danger and need to leave immediately, you can access crisis accommodation. You can call:

• Link2Home – 1800 152 152
• NSW DV line – 1800 65 64 63
• 1800RESPECT – 1800 737 732

Your safety is of the highest importance. Tenancy laws have DV provisions which can help a victim-survivor to end their tenancy agreement.

If you or your child have experienced domestic violence, you can end your tenancy immediately by giving the landlord/agent and any other co-tenants a Domestic Violence Termination Notice (DVTN) and vacating the property. You will not have to pay any break lease fees. You can use our sample DVTN – Ending tenancy due to domestic violence.

For the DVTN to be valid, you will need to attach one of the following documents when you give it to the landlord/agent. You do not need to attach it to the DVTN you give to any other co-tenants:

• a Declaration by Competent Person (NSW Fair Trading); or
• if you are not a victim-survivor of domestic violence, but your dependent child is, you can use a Declaration by Competent Person for Tenant’s Dependent Child (NSW Fair Trading); or
• an Apprehended Domestic Violence Order (ADVO) (provisional, interim or final or made by a different state or New Zealand) protecting you from the domestic violence offender; or
• a certificate of conviction of the domestic violence offender; or
• an injunction made by a family law court protecting you from the domestic violence offender.

A  Declaration by a Competent Person is usually the most straightforward way to get a document to support a DVTN. A Competent Person is:

• a registered health practitioner, for example your GP or psychologist;
• a registered social worker;
• an employee of a NSW government agency that provides child welfare services;
• an employee of a non-government agency receiving government funding to provide domestic violence or sexual assault service or refuge or emergency accommodation; or
• a Victims Services approved counsellor.

For more information about how to complete the Declaration by Competent Person see our Domestic violence and renting – Supplementary Guide.

You can give your DVTN by hand, post or email. Give the DVTN to the landlord/agent (and other co-tenants if there are any) as soon as possible, and leave the premises. Once you have given them the DVTN and vacated the premises, your tenancy agreement ends, and you are no longer responsible for rent. If it is safer, you can leave first then serve the notice.

Other methods for ending tenancy are outlined in our Domestic violence and renting – Supplementary Guide, Factsheet 9: You want to leave and Factsheet 16: Ending fixed-term tenancy early.

If you want to stay in your tenancy, it’s a good idea to get advice. You can call:

• NSW DV line – 1800 65 64 63
• 1800RESPECT – 1800 737 732
• Women’s Legal Service – (02) 8745 6999
• Your local Tenants Advice and Advocacy Service

If the domestic violence offender is doing things to make you feel afraid, you can ask the police to apply for an Apprehended Domestic Violence Order (ADVO) to protect you. An ADVO will not necessarily exclude the offender from the property. If you want to exclude the offender from the property, it is important to make sure that the specific address of the property is stated in the orders. The perpetrator’s tenancy will be ended by a final ADVO which excludes them from the premises.

If you are the head tenant, or the only tenant named on the lease, then you can end the offender’s tenancy. For more information see our Domestic violence and renting – Supplementary Guide.

If you are a co-tenant or sub-tenant, and a final ADVO is made that excludes the offender from your home address, their tenancy will end automatically – even if they were named as a tenant on the lease.

If you do not have a DVO that excludes the offender from your home address, you can apply to the NSW Civil and Administrative Tribunal (NCAT) for an order ending the offender’s tenancy due to special circumstances of your case.

If the offender is excluded from your home, and you are not named on the lease, you can ask your landlord to sign a tenancy agreement with you. If they refuse, you can apply to the Tribunal for an order that you be recognised as a tenant.

If you are applying to the Tribunal, it’s a good idea to get advice from your local Tenants Advice and Advocacy Service.

For more information on options for staying in your tenancy, if you are a co-tenant or sub-tenant, see our Domestic violence and renting – Supplementary Guide.

If you end your lease by giving a Domestic Violence Termination Notice (DVTN), the landlord cannot list you on a ‘bad tenant’ database or ‘blacklist’. The landlord/agent also cannot disclose any information in the DVTN to anyone. Even if you do not use a DVTN, there are restrictions on database listings. For more information, see Factsheet 19: Tenant Databases.

If damage was done during an incident of domestic violence, only the offender can be held responsible for that damage. The victim-survivor (and other tenants who are not the DV offender) are not responsible. This is the case whether or not the offender is a tenant.

It is a good idea to inform the landlord in writing about the damage. You may need to keep evidence, such as a DVTN, photos, police report, or a report from a support worker or medical professional. If police attend the premises due to DV, record their names and the event number.

When you claim your share of the bond at the end of a tenancy, as a victim-survivor you are not liable for damage done during a DV incident. Your landlord should not make a claim on your bond for costs related to a DV incident, but it is important to have evidence to support your bond claim if it is contested. Keep a record of the DV incident, including photos and reports from police or social workers, and if police attend the premises due to DV, record their names and the event number.

You may be liable for other claims made by the landlord (e.g. unpaid rent or property damage not related to DV). Your local Tenants Advice and Advocacy Service can give you advice about what to do if your landlord tries to claim on your bond (contact details below).

If you are a co-tenant and you have left the property, you can make a written demand of your former co-tenant for payment of your share of the bond. You must give them 14 days to pay. If they do not pay, after the 14-day period expires, you have 28 days to apply to the Tribunal to try and resolve the issue legally. Sub-tenants covered by the Act can apply to the Tribunal for bond orders against their head-tenant. See Factsheet 3: Bond.

If a victim-survivor leaves goods behind, such as furniture or personal items, it may be possible to get the goods back. Get advice from your local Tenants Advice and Advocacy Service about your legal options as soon as possible, as time limits for claiming your goods can be very short. See Factsheet 25: Goods left behind.

If the offender has left goods behind after their tenancy has ended, the landlord must provide them with formal notice before disposing of their goods. See Factsheet 25: Goods left behind. It is important to always prioritise your safety and to seek assistance from police if you feel unsafe or threatened as a result of the offender’s belongings or any requests to return them.

As a victim-survivor, you can change the locks if the offender’s tenancy was terminated or they were excluded from your home by an ADVO. You can also change the locks in an emergency, for example, if the offender has threatened to hurt you or your child. You may be able to get assistance to change the locks, and improve home security, via Staying Home Leaving Violence (NSW Government). If the offender still has the right to live in the property, you should get advice before changing the locks.

If you change the locks you should provide copies of the new keys to your landlord within 7 days.

See also Factsheet 7: Locks and security.

These services may be able to help with pets in situations of domestic violence:

• Paws + recover – support to share the care of pets during a health crisis difficult times pawsandrecover.com
• Lucy’s project – national organisation working to improve access to supports for people and animals experiencing domestic violence lucysproject.com.au
• RSPCA Community Domestic Violence program, phone: (02) 9782 4408. rspcansw.org.au/what-we-do/working-incommunities/community-domestic-violence-program

More information

Tenants’ Union sample Domestic Violence Termination Notice: Ending tenancy due to domestic violence

Tenants’ Union Domestic violence and renting – Supplementary Guide.

Tenants’ Union factsheets, 09: You want to leave, 10: Landlord ends agreement, 11: NSW Civil and Administrative Tribunal, 15: Share housing, 16: Ending tenancy early, 25: Goods left behind, 7: Locks & security, 11: NSW Civil & Administrative Tribunal

Tenants’ Union podcast episode: Get me outta here.

NSW Fair Trading sample Domestic Violence Termination Notices: From tenant to landlord, From tenant to each co-tenant and For tenant’s dependent child.

Social housing tenants: Domestic and Family Violence: Housing Factsheet (DCJ Housing).

Government supports: Start Safely, Victims Services and Staying Home Leaving Violence.

Contacts

NSW Domestic Violence Line (24 hours): 1800 65 64 63

1800RESPECT (24 hours): 1800 737 732

Tenants Advice and Advocacy Services: tenants.org.au/get-advice

Community Legal Centres: clcnsw.org.au

Women’s Legal Service NSW: wlsnsw.org.au 1800 810 784

Wirringa Baiya Aboriginal Women’s Legal Centre: wirringabaiya.org.au 1800 686 587