The domestic violence crisis – Ending your tenancy – Know your rights

If you or someone you know is experiencing domestic and family violence and as a result need to move out of a rental property, or if they choose, to remain in the rental property safely here is what you need to know.

A person who experiences domestic and family violence in a rental property has rights under the Act, even if they are not named on the tenancy agreement.

While the most important step is to ensure your safety, once you are safe there are certain steps that need to be taken to ensure you do not remain liable for any damage or costs associated with the rental property if you cannot continue to live there.

WHO TO CONTACT:

If you have been harmed, involved in a violent incident or are in imminent danger, phone 000 (triple zero) for emergency assistance.

When it is safe to do so, notify your Agent / Property Manager.

It is important to note that your Property Manager does not have a positive obligation to inform you of your rights or the process to follow to end your tenancy. While most property managers will, and the REIQ provides very specific guidelines and recommendations for property managers to follow, the Property Manager is not required to advise you of your rights to terminate your lease.

Tenancy Advocacy Services

There are a number of tenancy advocacy services you can contact such as QSTARS who will assist you in taking the necessary steps to end your tenancy.

You can contact QSTARS via their website or phone 1300 744 263.

The Residential Tenancies Authority (RTA) will also provide you with general advice regarding the process to follow, and all the necessary forms can be found on the RTA website. You can contact the RTA via their website or via the phone 1300 366 311.

The RTA website also contains a guide for tenants experiencing domestic violence to assist them with the process.

The factsheet can be found here and sets out the required forms to complete and lodge to finalise your tenancy.

CHANGING THE LOCKS

The Act gives you the right to change the locks at the property if you believe it is necessary to protect yourself or other occupants in the property from domestic and family violence. You do not need to ask the property manager/owner for consent to do this but you do need to follow certain steps which are set out on the RTA website here and in the factsheet.

HELP AND SUPPORT IS AVAILABLE TO YOU

There are a number of resources and agencies that can assist you. The Queensland Government provides links to a number of resources and contacts that can be found here.

Every person has a right to feel safe and live free from violence.

If you have concerns about your safety and are at risk of, or exposed to domestic or family violence please contact our office on (07) 5591 5099 and a member of our family law team will be able to arrange an appointment with one of our family lawyers.  Our team can get your matter moving, and provide you with legal advice regarding domestic and family violence.

If you are in immediate harm, or require police assistance, dial 000.

 

Author: Pip Davis

Director: Paul Robert Davis

Date: 29 July 2022