- If you are in immediate danger, call 000.
- If you or someone you know is experiencing family violence, please seek immediate assistance. Call 1800 RESPECT (1800 737 732) or visit 1800RESPECT.org.au for confidential counselling and support.
At Cliquey Realty, we understand that dealing with family violence can be an incredibly difficult experience, and it’s important to know your rights when it comes to your tenancy. In Victoria, tenants affected by family violence are protected under the Residential Tenancies Act 1997. These protections are designed to ensure your safety and security while also helping you manage your housing situation.
Here’s an overview of how the law can help protect you as a tenant if you are experiencing family violence:
1. Changing the Lease
If you’re experiencing family violence and need to leave your current rental property, you have options. You can apply to the Victorian Civil and Administrative Tribunal (VCAT) to change the lease agreement without financial penalty. This could mean:
- Removing the perpetrator from the lease.
- Ending your responsibility for the lease if you need to move out for your safety.
VCAT can make orders to end or modify the lease, helping ensure that you’re not held accountable for rent or damage caused by the perpetrator.
2. Breaking the Lease Early
If staying in your current rental property is unsafe, you have the right to break your lease early. To do this, you will need to provide evidence of family violence, such as:
- A Family Violence Intervention Order.
- A Safety Notice issued by the police.
- A Family Violence Safety Notice from a court.
This evidence will support your application to VCAT, where you can request to terminate the lease early without facing penalties.
3. Privacy Protections
Your privacy is protected under the Residential Tenancies Act. If you apply to VCAT due to family violence, your personal details can be kept confidential. This ensures that the perpetrator cannot access your address or other sensitive information through the legal process.
4. Repairs and Safety Modifications
If your rental property has been damaged due to family violence, or if modifications are needed to ensure your safety (such as changing the locks), you have the right to request repairs or modifications from your landlord. Under the law:
- Urgent repairs like broken windows or damaged doors should be addressed immediately.
- Security modifications such as new locks or security systems can be installed with landlord approval, which cannot be unreasonably refused.
You can also apply to VCAT if you need permission to make these safety changes.
5. Bond Claims and Financial Protections
If you are moving out due to family violence, VCAT can issue orders about the bond. This can include:
- Releasing your share of the bond without penalty.
- Determining the division of bond money if the perpetrator remains in the property.
Additionally, VCAT can help resolve disputes about rental arrears or property damage caused by the perpetrator, ensuring that you are not held financially responsible.
6. Support Services
If you are experiencing family violence, it’s important to know that there are services available to support you. These include:
- Tenants Victoria – Offers free advice and support for tenants affected by family violence.
- Family Violence Protection Services – Provides assistance with safety planning, intervention orders, and other legal protections.
- 1800 RESPECT – A national helpline for individuals experiencing family violence, providing confidential counselling and support.
Your Safety Comes First
At Cliquey Realty, we believe that your safety is the top priority. If you are facing family violence and need assistance with your tenancy, it’s important to know your rights and seek support. Legal protections are in place to help ensure that your housing situation doesn’t add to your difficulties.
For more information and support, you can access the Family Violence Protection Tenancy Kit here.
