Ending a Tenancy Due to Domestic Violence



Key Information

Immediate Help

If you or your children are in immediate danger, please call Emergency Triple Zero at 000.

For free crisis counseling and referral services, contact the Domestic Violence Helpline at 1800 656 463.

 

Circumstances of Domestic Violence

A tenant or their dependent child is considered to be in circumstances of domestic violence if:

They have been a victim of a domestic violence offense during the tenancy; or

They are protected by an active provisional, interim, or final Domestic Violence Order (DVO); or

They are protected from family violence by a current family law injunction; or

A qualified individual has declared them as a victim of domestic violence during the current tenancy.

Providing a Domestic Violence Termination Notice

To end a tenancy due to domestic violence, the tenant must:

 

Submit a domestic violence termination notice to the landlord or their agent, along with one of the following forms of evidence:

Certificate of conviction for the domestic violence offense.

Family law injunction.

Provisional, interim, or final Domestic Violence Order.

Declaration made by a competent person in the designated form.

Provide each co-tenant with a domestic violence termination notice as well.

 

No Minimum Notice Period Required

When terminating a tenancy under these circumstances, there is no minimum notice period. The domestic violence termination notice should indicate a termination date, which can be the same day the notice is given or a later date.

Tenants do not need to deliver the termination notice in person. More information on how to serve termination notices is available.

Sample Notices

Sample domestic violence notice to terminate tenancy – from tenant to landlord or agent (PDF)

Sample domestic violence notice to terminate tenancy – from tenant to each co-tenant (PDF)

Declaration by a Competent Person

This declaration is one of the four acceptable forms of evidence that a tenant can attach to their termination notice to end the tenancy without penalties. This provision was created to assist those who may not feel comfortable approaching the police or engaging with the legal system.

You can find a complete list of competent persons authorized to make a declaration, as well as the forms required for the declaration.

 

Help and Support

Various support services are available for individuals affected by domestic violence.

For assistance from NSW Fair Trading, you can:

Ask questions, seek support, file a complaint, provide feedback, or resolve disputes related to residential tenancies.

Contact the NSW Fair Trading call center at 13 32 20
Available Monday to Friday, 8:30 AM to 5 PM

For tenancy or other real estate inquiries at NSW Fair Trading, or for information and advice on managing tenancy disputes, please reach out as needed.