Your core rights as a DV survivor under tenancy law
Regardless of which state you are in, if you are experiencing domestic or family violence, you have the right to:
These are legislated rights — not at the discretion of your landlord or property manager.
- End your tenancy immediately or with minimal notice, without paying break lease fees or other penalties
- Remove a perpetrator from the lease while you stay
- Change the locks immediately for your safety, with notification to the landlord as soon as practicable
- Not have a domestic violence tenancy termination recorded against you on a tenancy database
Ending your tenancy due to domestic violence
In most states, you can end your tenancy with very little notice (sometimes immediately) by providing the landlord or agent with a relevant document. Acceptable documents typically include:
The exact requirements differ by state, but the principle is consistent: you should not have to remain in an unsafe tenancy because of financial penalties.
NSW: 7 days notice or immediate termination with appropriate evidence
VIC: 5 business days notice with supporting documentation
QLD: 7 days notice or immediately if there is an order
WA: 7 days notice with an eligible domestic violence order
SA: Immediate to 7 days depending on circumstance
Contact your state tenancy authority for the specific process and documents required.
- A domestic violence order or intervention order
- A police report relating to domestic violence at the property
- A statutory declaration by a registered health practitioner, counsellor, or social worker confirming domestic violence is occurring
- A document from a DV specialist organisation
Removing the perpetrator from the lease
If you want to stay in the property and have the person causing harm removed:
In most states, if the perpetrator is a co-tenant, you can apply to the tenancy tribunal for an order removing them from the tenancy. The tribunal can also transfer the tenancy to you alone if you were joint tenants.
This allows you to stay in your home without having to break the lease yourself and find new accommodation during an already difficult time.
Protecting your bond and tenancy record
Domestic violence terminations are specifically protected in tenancy database rules across Australia. A landlord or agent cannot list you on a tenancy database because you terminated a tenancy due to domestic violence.
Your bond should be returned in accordance with the standard process — the landlord can only make legitimate claims for damage or unpaid rent. Damage caused by the perpetrator, not by you, should be clearly attributed when making any bond claim.
Where to get help
If you are in immediate danger, call 000.
For support and advice:
For tenancy-specific legal advice:
You do not need to navigate this alone. Tenancy authorities and legal centres can help you understand your options and act quickly.
- 1800RESPECT: 1800 737 732 — 24/7 national sexual assault, family and domestic violence counselling line
- Safe Steps (VIC): 1800 015 188
- DV Connect (QLD): 1800 811 811
- Lifeline: 13 11 14
- Your state tenancy authority (listed at /resources/contacts)
- Community legal centres — many have specialist domestic violence and housing lawyers