Domestic and family violence protections
Commenced 20 October 2021
Options for people experiencing domestic and family violence to end a tenancy have commenced.
These arrangements are similar to those that were in place as temporary measures during the COVID-19 pandemic period with some changes made based on learnings from the COVID-19 implementation.
These changes confirm that tenants/residents vacating a rental premises on grounds of experiencing domestic and family violence:
- can vacate immediately but must provide 7 days notice and pay rent until the end of the 7 day notice period
- must complete a Notice ending tenancy/residency interest (domestic and family violence) (Form 20, R20) and provide relevant evidence (such as a Domestic and family violence report)
- are not responsible for costs relating to ending of a tenancy/rooming accommodation agreement or interest, goods left behind in the rental premises or reletting costs
- are not required to repair or compensate the property manager or owner for damage to the premises or inclusions caused by an act of domestic and family violence experienced by a tenant/resident
- are still responsible for costs associated with breaching terms of an agreement which are not related to the domestic and family violence (for example, rent arrears or damage to the property by a pet)
- can request their bond contribution be refunded by completing a Bond refund for persons experiencing domestic and family violence (Form 4a). Property owners/managers can also request a rental bond refund for a tenant/resident’s bond contribution where a tenant/resident has vacated due to domestic and family violence by completing this form
- any remaining tenants/residents can be asked by the property owner/manager to top up the rental bond within one month by issuing remaining tenants/residents with a Continuing interest notice strictly between 7-14 days only after a vacating tenant/resident’s interest in the agreement ends
- can change the locks to the property without requiring the property owner/manager’s consent to ensure their safety but must provide copies of keys or access codes to the rental property owner/manager as soon as practicable.
It is critical that property owners/managers maintain the privacy of a tenant/resident who is experiencing domestic and family violence to ensure their safety. Penalties apply if the legislative requirements are not followed.
Every person has the right to feel safe and live free from violence, which is why ending domestic and family violence is a community responsibility. Help and support is available for Queenslanders affected by domestic and family violence.