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Law Current to: September 3, 2025

Tenancies Impacted by Violence

Recent changes to the Residential Tenancies and Rooming Accommodation Act 2008 (RTRAA) provide additional options for tenants or residents impacted by violence.

These protections are outlined in the RTRAA, particularly in Chapter 5, Subdivision 2A. Under the RTRAA, domestic violence has the meaning given by the Domestic and Family Violence Protection Act 2012 (Qld).

Tenants or residents who believe they can no longer safely occupy their premises due to domestic and family violence (DFV) have the right to terminate their tenancy agreement.

The Residential Tenancies Authority has produced a useful flowchart outlining what to do for tenants experiencing DFV. Tenants Queensland’s DFV Toolkit provides a detailed guide through the options available to victim-survivors to end a tenancy or remain safely in a property.

Providing notice

The tenant must give seven days’ notice using the appropriate form – Notice ending tenancy interest (domestic and family violence) (Form 20) (NET).

Tenants may leave immediately after providing the notice but must pay rent for the seven-day notice period.

Providing evidence

The tenant must provide evidence with the NET. Part B of the NET outlines acceptable forms of evidence which include:

  • Protection Orders;
  • Protection Notice;
  • an interstate order or injunction for personal protection under the Family Law Act 1975 (Cth); or
  • an RTA DFV Report Form signed by a doctor, social worker, refuge or crisis worker, DFV support worker or case manager, an Aboriginal and Torres Strait Islander medical service, or a solicitor.

Confidentiality of evidence

The lessor or agent must keep all evidence confidential.

Tenants can allow the lessor or agent to inspect copies of documents but are not obliged to provide copies to the lessor or agent.

The lessor or agent must not copy the evidence unless the tenant agrees.

All information related to DFV must be kept secure and not disclosed to anyone except between the lessor or agent or for a QCAT hearing.

When talking with a client about leaving a tenancy due to violence, we should explain the confidentiality protections and their options for providing information to the property manager/landlord.

In any discussions with the property manager/landlord, we may want to raise these obligations to ensure the property manager/landlord is aware of the requirement to keep this information confidential.

We should also speak with the client about their specific situation and concerns about disclosing information to the other tenants, potentially include the perpetrator of violence.

Although the confidentiality provisions contain penalties for breaching confidentiality, there is always a risk that this occurs. It may be a safety risk for the victim-survivor if this information is shared with the perpetrator of violence and is a relevant consideration before sharing this information with the property manager/landlord.

Providing notice to end a tenancy

A victim-survivor can vacate the property immediately but must give the property manager/landlord 7 days’ notice to end their interest in the tenancy agreement. Notice is given by sending a Notice ending tenancy interest (domestic and family violence) (Form 20) along with any supporting evidence.

The notice and supporting evidence must comply with section 308B of the RTRAA. These can be any document from the below (as set out in the RTRAA, s 25A).

  • a protection order;
  • a temporary protection order;
  • a police protection notice;
  • an interstate order;
  • an injunction under the Family Law Act 1975 (Cth);
  • a domestic and family violence report form signed by an authorised person in any of the following occupations;
  • a health practitioner meaning a person registered under the Health Practitioner Regulation National Law, not a student, including a person from:
    • an Aboriginal and Torres Strait Islander health practice;
    • medical;
    • midwifery;
    • nursing;
    • occupational therapy;
    • psychology;
  • a person who is eligible for membership of the Australian Association of Social Workers;
  • a refuge or crisis worker;
  • a domestic and family violence support worker or case manager;
  • an Aboriginal and Torres Strait Islander medical service; and
  • a solicitor.

If the victim-survivor cannot supply a document as listed above, the property manager/landlord may apply to QCAT within 7 days to have the notice set aside: RTRAA s 308H. If the landlord/property manager makes such an application to QCAT, then they must inform the tenant that they are proposing to apply to QCAT: RTRAA s 308C.

The information shared with the property manger/landlord will remain confidential, unless permitted by the RTRAA: s 308I. There are penalties for breaching the tenant’s confidentiality.

The residential tenancy agreement will end the later of 7 days after the notice is given or the day the tenant hands over vacant possession: RTRAA s 308D.

If there are other tenants under the residential tenancy agreement, the landlord/property manager must inform the vacating tenant that:

  • the other co-tenants will be informed that the tenant is vacating the premises;
  • the time when the co-tenants will be informed that the tenant is vacating the premises; and
  • that the residential tenancy agreement continues for the other tenants: s 308C.

The property manager/landlord will issue a Continuing Interest Notice to the remaining tenants once the vacating tenant’s interest has ended (s 308E) (see here).

Specific Options for Victim-Survivors

Ending a tenancy agreement as a sole tenant

If the tenant has issued a valid notice to end their interest in the agreement and they are a sole tenant of the property, then the tenant:

  • Can vacate the property immediately, but must pay rent up to and until the end of the 7-day notice period, including any rental arrears if owed and outstanding for any period of the tenancy.
  • Is not responsible for the costs associated with:
    • ending the agreement or interest;
    • reletting; or
    • leaving goods behind at the property: RTRAA s 308G.
  • Can request a bond refund by completing a Bond Refund for Persons Experiencing Domestic and Family Violence (Form 4a). More information on bond refunds is available on the Residential Tenancies Authority website here.
  • Is not required to provide their forwarding address to the property manager / landlord: RTRAA s 205.
  • Is not required to repair or compensate for damage caused by an act of domestic violence: RTRAA s 188(5).
Ending a tenancy agreement where there is a co-tenant

If there is another co-tenant listed on the tenancy agreement, then the vacating tenant will be responsible for payment of their share of the rent only, until the 7 day notice period ends (s 308E).

Where the co-tenant is the person using violence, the person leaving is not responsible for cleaning. However, if the co-tenant/s are not the person using violence, then the vacating tenant must be responsible for cleaning their room or making an arrangement with remaining co-tenants about cleaning (e.g. contribution as to cleaning costs etc).

The vacating tenant can apply for a bond refund for the amount of bond held in their name by the RTA. See section on information on bond refunds, as set out by Tenants Queensland here.

The tenant wants to stay in the premises but isn’t on the lease

If a person is not a recognised tenant on the tenancy agreement but is in an intimate personal relationship/a family relationship/an informal care relationship, then they are known as the ‘domestic associate’ (ss 245(9), 321(2) and 433A(2)).

If the ‘domestic associate’ in a domestic and family violence situation wishes to remain in the premises, they can apply to QCAT for an order to be recognised as the tenant or co-tenant under the agreement, changing it from the person who has committed an act of domestic and family violence (s 245) .

Pursuant to section 245, if the ‘domestic associate’ is applying to be recognised as the tenant or a co-tenant, before QCAT can make the order, QCAT must:

  • be satisfied that the tenant has established evidence of domestic and family violence, such as having a protection order or having applied for one; and
  • give the property manager / landlord an opportunity to be heard on the matter.

The tenant may apply for an order regarding their tenancy under the RTRAA at the Magistrates Court when applying for a protection order under the Domestic and Family Violence Protection Act 2012 (Qld). Further information on wanting to stay in the premises is set out by Tenants Queensland here.

Changing Locks and Security Measures

Section 211(2) of the RTRAA allows tenants to change locks without prior agreement from the lessor or agent if the tenant believes it is necessary to protect themselves or another occupant from DFV.

The tenant must ensure:

  • a qualified tradesperson is engaged to change the locks; and
  • the new keys are provided to the lessor or agent.

If the tenant provides a new key to the lessor under its rights in section 211(2) of the RTRAA, the lessor is prohibited from providing that key to any person unless the tenant agrees or there is a reasonable excuse to do so.

Consideration should be taken if the tenant lives in a body corporate, as the rights to change locks are subject to relevant by-laws.

The tenant may also want to improve other safety measures at the property such as sensor lights, alarms, or cameras. A tenant will need the property manager/landlord’s permission to install these items: RTRAA ss 207, 208, 209.

If the property manager/landlord unreasonably refuses a request to add security features, the tenant can use the RTA’s tenancy dispute process to seek an agreement about installing security.

Tenants may be able to get financial assistance from Domestic Violence services or by applying to the Victim Assist Queensland scheme.

Tenants are not responsible for damage caused to the premises by DFV events.

If a tenant has been blacklisted on a tenancy database (commonly referred to as being ‘TICA’ listed) due to damage in this situation, there may be options to advocate for this listing to be removed.

You can read more about the protections available to victim-survivors in our Tenancy Database Listings resource. There is also a number of QCAT Decisions that provide a useful summary of the relevant legislative considerations, including the protections for victim-survivors.

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