---
title: "Breaking a lease on a rental property because of Domestic Violence - Sapience Financial"
description: "Learn about the new NSW Tenancy Laws protecting victims of domestic violence in rented properties. Find out how these laws impact property managers, renters, and property owners."
url: "https://sapience.com.au/blog/breaking-a-lease-on-a-rental-property-because-of-domestic-violence"
date: "2026-05-26T22:10:26+00:00"
language: "en-GB"
---

#  Breaking a lease on a rental property because of Domestic Violence

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  ![female sitting on floor](https://sapience.com.au/images/blog/breaking-a-lease-on-a-rental-property-because-of-domestic-violence-sapiencve-financial.jpg) Information on how to support someone suffering Domestic Violence or Intimate Partner Violence and living in rented accommodation. Reading Time: 5 minutes

---

### In 2019 new NSW Tenancy Laws supporting victims of domestic violence living in a rented property came into effect.

### If you live in rented accommodation and have been affected by domestic and family violence, you need to know there are new Tenancy Laws to help protect the victims of domestic violence.

These new laws have implications for property managers, property renters and investment property owners alike.

#### *Read in this article*

 1. [New Law: A tenant can end their tenancy immediately - without penalty - if they or their dependent child is in circumstances of domestic violence](https://sapience.com.au/blog/breaking-a-lease-on-a-rental-property-because-of-domestic-violence#new-law-a-tenant-can-end-their-tenancy-immediately-without-penalty-if-they-or-their-dependent-child-is-in-circumstances-of-domestic-violence)

2. [How to end a tenancy in circumstances of domestic violence](https://sapience.com.au/blog/breaking-a-lease-on-a-rental-property-because-of-domestic-violence#how-to-end-a-tenancy-in-circumstances-of-domestic-violence)

3. [A **Medical Practitioner** can declare a tenant (or their dependent child) is a victim of domestic violence](https://sapience.com.au/blog/breaking-a-lease-on-a-rental-property-because-of-domestic-violence#a-medical-practitioner-can-declare-a-tenant-or-their-dependent-child-is-a-victim-of-domestic-violence)

4. [How to provide a Tenancy Termination Notice to the landlord, agent, or their property manager](https://sapience.com.au/blog/breaking-a-lease-on-a-rental-property-because-of-domestic-violence#how-to-provide-a-tenancy-termination-notice-to-the-landlord-agent-or-their-property-manager)

5. [Protecting the victim’s privacy and from future discrimination](https://sapience.com.au/blog/breaking-a-lease-on-a-rental-property-because-of-domestic-violence#protecting-the-victims-privacy-and-from-future-discrimination)

6. [More information online](https://sapience.com.au/blog/breaking-a-lease-on-a-rental-property-because-of-domestic-violence#more-information-online)

7. [Frequently Asked Questions: Domestic Violence & Tenancy Laws](https://sapience.com.au/blog/breaking-a-lease-on-a-rental-property-because-of-domestic-violence#frequently-asked-questions-domestic-violence-tenancy-laws)

    1. [Can I terminate my lease immediately without paying a fee?](https://sapience.com.au/blog/breaking-a-lease-on-a-rental-property-because-of-domestic-violence#can-i-terminate-my-lease-immediately-without-paying-a-fee)

    2. [Who can sign a declaration to support my termination notice?](https://sapience.com.au/blog/breaking-a-lease-on-a-rental-property-because-of-domestic-violence#who-can-sign-a-declaration-to-support-my-termination-notice)

    3. [Am I responsible for property damage caused by a perpetrator?](https://sapience.com.au/blog/breaking-a-lease-on-a-rental-property-because-of-domestic-violence#am-i-responsible-for-property-damage-caused-by-a-perpetrator)

    4. [Will this break-lease affect my ability to rent in the future?](https://sapience.com.au/blog/breaking-a-lease-on-a-rental-property-because-of-domestic-violence#will-this-break-lease-affect-my-ability-to-rent-in-the-future)

### New Law: A tenant can end their tenancy immediately - without penalty - if they or their dependent child is in circumstances of domestic violence

- Victims of Domestic Violence cannot be penalised for ending their tenancy (regardless if its fixed term or periodic) early.
- A tenant who ends their tenancy in circumstances of domestic violence is not liable to pay any compensation or additional money for the early termination (ie; lease break fees, reletting or occupation fees for abandoned property etc).

### How to end a tenancy in circumstances of domestic violence

To end their tenancy due to domestic violence, the tenant will need to provide to the Landlord or their agent,

a completed **Domestic Violence Termination Notice** and one of the following forms *acceptable forms of evidence*

- Certificate of Conviction
- Family Law injunction
- Provisional, Interim or Final Domestic Violence Order
- Written Declaration made by a **Medical Practitioner** in the prescribed form
- each co-tenant a domestic violence termination notice.

And if they have a co-tenant, provide each co-tenant with a **Domestic Violence Termination Notice**.

The termination notice must include a nominated termination date (and that can be the same day as when the notice is provided).

### A **Medical Practitioner** can declare a tenant (or their dependent child) is a victim of domestic violence

- This written declaration can be used as one of the *acceptable forms of evidence* of domestic violence needed to terminate a residential lease.
- A medical practitioner includes a General Practitioner (GP), Physicians including Paediatricians, Psychiatrists and other specialists including Surgeons, Radiologists, Gynaecologist etc.

For more information on what’s required for a medical practitioner to make a declaration, you can read more [here](https://www.fairtrading.nsw.gov.au/housing-and-property/renting/ending-a-tenancy/domestic-violence-declaration).

### How to provide a Tenancy Termination Notice to the landlord, agent, or their property manager

A termination notice must:

- be in writing and properly addressed
- be signed and dated by the party providing the notice
- give the day on which the residential tenancy agreement is terminated and by when the tenant will need to vacate
- where appropriate, give the grounds/reason for the notice.

You can write your own notice or use the [sample DV Termination Notice](https://www.fairtrading.nsw.gov.au/housing-and-property/renting/ending-a-tenancy) provided by Fair Trading.

### Protecting the victim’s privacy and from future discrimination

The new laws are intended to protect the privacy of the victim and protect against any future discrimination, so they’re not hampered in returning to the rental market in the future by their past domestic violence termination.

- Landlords and Agents are **prohibited from listing a tenant on a tenancy database** if they ended a tenancy in circumstances of domestic violence.
- A person is **prohibited from disclosing or using any information about a domestic violence termination notice** (or the attached evidence) for any other purpose. This means **the information cannot be used in a reference check** by a property manager.
- Disclosure can only be made if permitted or required by law and a person in possession of these documents must store and dispose of them securely.
- The **contents of a declaration made by a Medical Practitioner is not reviewable by the Rental Tribunal** to ensure victims of domestic violence are not subject to cross-examination.

### More information online

- Visit [New Residential Tenancy laws page](https://www.fairtrading.nsw.gov.au/news-and-updates/news/strengthened-tenancy-laws-for-victims-of-domestic-violence-start-on-28-february-2019) for information on the full package of reforms.
- Visit [Domestic violence in a rented property](https://www.fairtrading.nsw.gov.au/housing-and-property/renting/during-a-tenancy/domestic-violence-in-a-rented-property) for information on the rights of a victim of domestic violence.

If you or someone you know needs support visit **[1800respect.org.au](https://www.1800respect.org.au/)** for confidential information, counselling and support services.

### Frequently Asked Questions: Domestic Violence & Tenancy Laws

#### Can I terminate my lease immediately without paying a fee?

Yes. If you are in circumstances of domestic violence, you can end your tenancy **effective immediately**. You are legally exempt from paying any "break-lease" fees, re-letting fees, or compensation for the landlord's loss of rent. Your liability for rent ends on the day you vacate and provide the notice.

---

#### Who can sign a declaration to support my termination notice?

In addition to **General Practitioners (GPs)**, the list of "Competent Persons" has been expanded in 2026 to include registered psychologists, social workers, midwives, and employees of government-funded domestic violence support agencies. This declaration is a confidential document and its contents cannot be reviewed by NCAT.

#### Am I responsible for property damage caused by a perpetrator?

No. Under the 2025/2026 reforms, victims are **not liable for property damage** caused by a perpetrator during a domestic violence offence. NCAT now has specific powers to ensure that liability is assigned directly to the perpetrator, protecting the victim's bond and rental history.

#### Will this break-lease affect my ability to rent in the future?

The law provides a **Privacy Shield** for your future. Real estate agents are prohibited from disclosing that a past tenancy was ended due to domestic violence. This information cannot be used in a reference check, and you cannot be blacklisted on databases like TICA for a domestic violence-related termination.

*Disclaimer: If you are in immediate danger, call 000. For confidential support, contact 1800RESPECT. This information is a general legal guide; for specific advice, we recommend a [confidential consultation](https://sapience.com.au/contact).*

**Do we sound like the type of people you'd like to do business with?**
 Call us today on 1300 137 403 or email us [here](https://sapience.com.au/index.php?Itemid=704) for a no-obligation private chat about your situation.

---

![author pic drew browne](https://sapience.com.au/images/author-pic/contact-drew-browne-advisor-sapience-financial.jpg)**Drew Browne** is a specialty Financial Risk Advisor working with Small Business Owners & their Families, Dual Income Professional Couples, and diverse families. He's an award-winning writer, speaker, financial adviser and business strategy mentor. His business Sapience Financial Group is committed to using business solutions for good in the community. In 2015 he was certified as a B Corp., and in 2017 was recognised in the inaugural Australian National Businesses of Tomorrow Awards. Today he advises Small Business Owners and their families, on how to protect themselves, from their businesses. He writes for successful Small Business Owners and Industry publications. You can read his Modern Small Business Leadership Blog [here](https://sapience.com.au/index.php?Itemid=1267). You can connect with him on [LinkedIn](https://www.linkedin.com/in/drewbrowne/).  Any information provided is general advice only and we have not considered your personal circumstances. Before making any decision on the basis of this advice you should consider if the advice is appropriate for you based on your particular circumstance.

![Written by Human Not made by AI sapience financial ](https://sapience.com.au/images/icons/not-made-by-AI-sapience-financial-black.png)

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