If you are experiencing domestic or family violence, you can end your tenancy quickly and without paying break lease fees. This guide walks through the process clearly. If you are in immediate danger, please call 000.
Your right to end the tenancy without penalty
Every Australian state and territory has legislated protections allowing a tenant experiencing domestic violence to end their tenancy with minimal notice and no break lease fees or other financial penalties.
You do not need your landlord's agreement. You do not need to prove the violence in court. You need to provide the required documentation and give the required notice — which in some states can be as short as immediate.
What documentation is accepted
Across all states, you can use one or more of the following to support your tenancy termination:
You do not need all of these — any one of the accepted documents is sufficient.
- A domestic violence order or intervention order issued by a court
- A police report or attendance record relating to domestic violence at the property
- A statutory declaration from a registered professional: doctor, nurse, social worker, counsellor, or DV specialist
- A letter from a DV specialist organisation (such as a women's refuge or domestic violence service)
- In some states, a statutory declaration by the tenant themselves with supporting materials
The process state by state
NSW: Give the landlord or agent at least 7 days written notice with supporting documentation. The notice can alternatively state an earlier date if the DV order specifies urgency.
VIC: Give 5 business days notice with a statutory declaration from a registered professional or a DV order.
QLD: Give at least 7 days notice with a police report, DV order, or declaration from a recognised DV service.
WA: Give at least 7 days notice with a domestic violence order or police report.
SA: The process varies — contact SA Housing Authority or a legal centre for current advice.
TAS: Contact the Tenancy Commissioner — there are specific provisions for DV terminations.
In all states, your state tenancy authority has free advice lines that can walk you through the exact current process.
Removing the perpetrator instead of leaving
If you want to stay in the property, you may be able to have the perpetrator removed from the lease instead of leaving yourself.
Apply to the tenancy tribunal for an order:
This allows you to remain in your home. The tribunal can also address bond and rental arrangements as part of this order.
- Removing the perpetrator from a shared lease
- Transferring the tenancy to your sole name if you were joint tenants
Protecting your bond and tenancy record
A domestic violence tenancy termination cannot be used as grounds for a tenancy database listing. If a landlord or agent lists you following a DV termination, you can dispute the listing and have it removed.
Your bond should be released in the standard way. If the landlord makes claims against the bond for damage caused by the perpetrator, document clearly that you did not cause the damage and raise this in any bond dispute.
For immediate support: 1800RESPECT (1800 737 732) — available 24/7.