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Domestic Violence In A Rental Property
On 20 October 2021, the Residential Tenancies and Rooming Accommodation Act 2008 (the Act) was amended to provide options for people experiencing domestic and family violence who need to leave a tenancy.
These changes, coupled with existing protections in the Act, support tenants experiencing domestic and family violence to end a tenancy quickly, or if they choose, to remain in the rental property safely.
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.
What is domestic and family violence?
Under the Act, domestic violence has the meaning given by the Domestic and Family Violence Protection Act 2012.
Domestic and family violence occurs when one person in an intimate personal, family or informal carer relationship behaves towards the other person in the relationship in a way that is:
- physically or sexually abusive
- verbally abusive
- emotionally or psychologically abusive
- economically abusive
- threatening
- coercive
- in any other way controlling or dominating the second person and causes them to fear for their safety or wellbeing or that of someone else
Domestic and family violence covers a wide range of behaviours including:
- causing personal injury to a person or threatening to do so
- coercing a person to engage in sexual activity or attempting to do so
- damaging a person’s property or threatening to do so
- depriving a person of the person’s liberty or threatening to do so
- threatening a person with the death or injury of the person, a child of the person, or someone else
- threatening to commit suicide or self-harm so as to torment, intimidate or frighten the person to whom the behaviour is directed
- causing or threatening to cause the death of, or injury to, an animal, whether or not the animal belongs to the person to whom the behaviour is directed, so as to control, dominate or coerce the person
- unauthorised surveillance of a person
- unlawfully stalking a person
The below flowcharts outline what a tenant/resident can do, or how the managing party can help them to end a tenancy quickly or remain in the rental property safely if they are experiencing domestic and family violence (DFV).
Source: https://www.rta.qld.gov.au/domestic-violence-in-a-rental-property