Domestic violence in a rental property; what happens next?

  • An IMPORTANT update from the Residential Tenancies Authority;

Every person has the right to feel safe and live free from violence!

A person who suffers domestic violence in a rental property has rights under tenancy law, even if they are not named on the tenancy agreement. Those who fear for their safety in a domestic situation can make an urgent application to the Queensland Civil and Administrative Tribunal (QCAT) to:

  • Be recognised as the tenant
  • Remove the name of the person that has committed an act of domestic violence from the agreement
  • Restrain the person who has committed violence from causing further damage or injury
  • Terminate the agreement.

In many cases, victims of domestic violence choose to flee the home to escape the violent person even if the court makes an order to keep the offender from the property.

It is important for those who experience violence in a rental situation to act to remove themselves from the tenancy agreement to avoid being held responsible for damage or rent arrears after they have left the home.

Once a tenant received their QCAT judgement, the documentation must be provided to your Property Manager immediately to begin enforcing the decision made from the QCAT judgement. Once paperword has been received the Landlord will be notified immediately. All parties listed on the General Tenancy Agreement will continue to be responsible for everything relating to the property, which are the tenant’s responsibility, including; rent/rent arrears, water, damage etc. until this documentation is presented to the Property Manager.

People wanting more information about tenancy legislation and domestic violence should go to the RTA website.

 

 

 

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