Family and Domestic Violence and Leases

What about if you are moving out because of family or domestic violence?

If you lease a property with your partner and need to leave because of Family or Domestic Violence perpetrated by them, you can have your name removed from the lease with the landlord’s agreement or a Court Order.

Differences between states

Northern Territory

You can contact the Central Australian Women’s Legal Service on 1800 684 055 for further legal advice and assistance.

ACT

For advice or help, contact the Tenants Union ACT Advice Service.

Western Australia

You should seek advice from Tenancy WA on 08 9221 0088 (metropolitan) or country callers 1800 621 888.

NSW

In NSW, you can apply to the NSW Civil and Administrative Tribunal for a termination order or an order removing another co-tenant.

For useful information and advice on your rights and responsibilities as a tenant you can contact the Tenants NSW website.

Victoria

There are special provisions for changing or ending a lease if there is a final family violence intervention order in place. For information about changing or ending a lease check out the links below:

For legal advice and information you can contact:

South Australia

For advice or help you can contact South Australia Tenant Help.

Tasmania

For advice or help you can contact the Tenants’ Union of Tasmania.

Queensland

If you are experiencing domestic violence from a person with whom you share a residential lease, you can apply to the Queensland Civil and Administrative Tribunal for an order to:

  • be recognised as the tenant;
  • remove the other person from the residential lease;
  • restrain the other person from causing further damage or injury; or
  • end the tenancy agreement.