Domestic and family violence and renting

What is domestic and family violence (DFV)?

Domestic and family violence is abusive, intimidating behaviour carried out by a partner, family member, carer, etc. to control, dominate or instil fear.

Domestic and family violence may be physical, psychological, emotional, financial, sexual, cultural or spiritual. It can include cyber abuse, stalking and separation violence.

Find out more about domestic and family violence.

If you’re renting and are experiencing any type of domestic or family violence from a partner, family member, flatmate or neighbour, there are laws and support services to help you.

If you are in immediate danger, call 000.

Ending a tenancy

If you or your dependent child are experiencing domestic or family violence you can end your tenancy immediately. There is no minimum notice period or fees to break your agreement.

You will need to give a domestic violence termination notice to the landlord/agent, as well as each co-tenant if you’re in a shared tenancy. For a domestic violence termination notice to be valid, you are required to attach one of the 4 acceptable forms of evidence to the notice that is given to the landlord or agent. You do not need to attach this evidence to the notice given to any other co-tenants.

Read about the 4 forms of acceptable evidence.

Sample domestic violence termination notices

NSW Government has created sample domestic violence termination notices that you can use for your landlord or co-tenants.

• Sample domestic violence notice to terminate tenancy – from tenant to landlord or agent [PDF 143KB]
• Sample domestic violence notice to terminate tenancy – from tenant to each co-tenant [PDF 137KB]

Declaration by a competent person

A ‘declaration by competent person’ is one of the 4 acceptable forms of evidence you can attach to your domestic violence termination notice.

The declaration can be made by a professional person, such as a professional health practitioner or social worker, declaring that you (or your dependent child) experienced domestic and family violence. Each tenant who is affected by domestic and family violence must have a separate declaration.

Read the full list of competent persons who can make a declaration.

Declaration forms

You can download the declaration forms from the NSW Government website:

• Declaration by competent person form
• Declaration by competent person (for a tenant’s dependent child) form – this form is used if only your dependent child was a victim of domestic violence.

Staying in the property

If the person causing harm is your co-tenant, and a final Apprehended Domestic Violence Order (ADVO) is made that excludes them from the property by address, their tenancy will end automatically.

If you don’t have a final ADVO you can still apply to the NSW Civil and Administrative Tribunal (NCAT) for an order ending their tenancy in the special circumstances of the case.

Domestic and family violence support services

Read our full list of domestic violence support services.

If you are in immediate danger, call 000.

Contact SUPRA
Our professional and confidential casework service can assist you with all university and academic matters, such as special consideration for any assessments affected by your experience of DV and late DC grades for units impacted. They can also provide warm referrals to services that can help you secure safe accommodation, counselling and ongoing support.

Our free Legal Service can assist you with any and all areas of the law you may need assistance in, including helping you to secure legal protections.

Contact us for help.

NSW Domestic Violence Line
24 hours: 1800 656 463 (toll free).

Domestic Violence Legal Advice Line
Free and confidential advice from Women’s Legal Service NSW.

1800RESPECT
24 hours: 1800 737 732, or text 0458 737 732.

University Safer Communities Office
9am – 5pm, Monday to Friday.
Specialist staff members with expertise in providing support to people that have experienced domestic or family violence including sexual misconduct.

Disclaimer

This information is current as at November 2024 and where it includes legal information is intended as a guide to the law as it applies to people who live in or are affected by the law as it applies in NSW. It does not constitute legal advice.

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Written by SUPRA Postgraduate Advocacy Service and Legal Service November 2024.