No one should have to stay in a home where they or their children feel unsafe. In New South Wales, tenancy laws recognise this. If you’re renting and experiencing domestic violence, you have the legal right to end your lease immediately, without penalty.
This protection is in place to help people leave dangerous situations quickly and safely. You don’t have to wait out a lease or give notice like in ordinary circumstances. Once the proper steps are taken, your responsibility for the tenancy ends.
What the Law Allows
The law allows a tenant to break a lease straight away if they, or their dependent child, are experiencing domestic violence. It doesn’t matter how long is left on the lease. You don’t need the landlord’s agreement. You don’t have to pay lease break fees, or keep paying rent after you’ve left. You’re allowed to go.
This includes situations where domestic violence has occurred during the tenancy, or where there is an official protection in place, like an Apprehended Domestic Violence Order (ADVO), a family law injunction, or a formal statement from a qualified professional saying that violence has taken place.
You don’t need to prove anything in court to end your lease. You just need to follow the process correctly and provide one of the accepted types of evidence.
How to End the Lease
To end a tenancy in this way, you need to give a written Domestic Violence Termination Notice to the landlord or their agent. If there are other tenants on the lease, they must also receive a copy. You can send the notice by email, post, or give it in person, whatever is safest and most practical for you.
With your notice to the landlord or agent, you must include one of the approved forms of evidence. This could be a copy of an ADVO (either provisional, interim or final), a certificate of conviction against the person who hurt you, a family law court order, or a declaration from a competent person. You don’t have to attach anything to the version you give to other tenants.
A competent person might be your doctor, psychologist, a social worker, a domestic violence support worker, or a professional counsellor approved by Victims Services. The declaration form is a standard template they can fill out and sign, it doesn’t require you to tell your full story.
There’s no minimum notice period. Your notice can list the day you’re giving it as the final day of the tenancy. You can leave first and send the notice after, if that’s what feels safest.
Once the notice is given and you’ve vacated, your tenancy is legally over. You’re no longer liable for rent or responsible for the property.
You Don’t Have to Go to Police
Many victim survivors choose not to report domestic violence to police, and that’s understood. That’s why there are multiple ways to provide evidence when ending a tenancy. A declaration from a competent person is often the simplest and safest option. You’re not required to open a police case or attend court to use this legal pathway.
The law is designed to centre your safety, not force you into systems that may feel unsafe or overwhelming.
What Counts as Domestic Violence
Domestic violence is not always physical. It includes emotional abuse, controlling behaviour, sexual abuse, financial control, threats, intimidation, isolating you from friends and family, and damaging your property. It’s about power and control, and it can take many forms. You don’t need to be physically injured to be considered a victim of domestic violence under the law.
If your child is being harmed or exposed to violence, the law also recognises this. You can end the tenancy to protect them.
You Have the Right to Be Safe
Tenancy law can be a powerful tool for people escaping violence. You have the right to feel safe in your home, and you have the right to leave if you aren’t.
You don’t need permission. You don’t need to wait. You don’t need to explain yourself to your landlord. You just need to take the legal steps that protect you and your family.
Your safety comes first. Always.
Emergency & Crisis
NSW Police For emergencies: 000 or 106 (TTY) Non-urgent: 131 444 | TTY: (02) 9211 3776 Crime Stoppers: 1800 333 000 Complaints: 1800 622 571 Website: police.nsw.gov.au
Lifeline 24/7 crisis counselling Phone: 13 11 14 Website: lifeline.org.au
Full Stop Australia Support for people impacted by violence and abuse (including LGBTQ+ support line) General: 1800 385 578 Rainbow Helpline: 1800 497 212 Website: fullstop.org.au
1800RESPECT (National) Sexual assault, domestic and family violence counselling Phone: 1800 737 732 24/7 phone and online chat Website: 1800respect.org.au
NSW Domestic Violence Line 24/7 help with safety, refuge, transport, courts, emergency housing Phone: 1800 65 64 63 | TTY: 1800 671 442 Website: community.nsw.gov.au
Link2Home Statewide homelessness service (24 hours) Phone: 1800 152 152
13YARN Crisis support line for Aboriginal and Torres Strait Islander peoples Phone: 13 92 76
Suicide Call Back Service Support for those affected by suicide Phone: 1300 659 467
Kids Helpline Support for ages 5–25 (24/7) Phone: 1800 551 800 Website: kidshelpline.com.au
Child Protection Help Line To report suspected child abuse or neglect Phone: 132 111
Legal Help & Advice
Women’s Legal Service NSW Free legal advice for women, including First Nations and working women Website: wlsnsw.org.au
LawAccess NSW Legal info and referrals (Mon–Fri, 9am–5pm) Phone: 1300 888 529 Website: lawaccess.nsw.gov.au
Community Legal Centres NSW Find your local or specialist CLC Website: clcnsw.org.au
Wirringa Baiya Aboriginal Women’s Legal Centre Legal service for Aboriginal and Torres Strait Islander women and children Phone: 1800 686 587 Website: wirringabaiya.org.au
Youth Law Australia Legal support for people under 25 Phone: 1800 950 570 Website: yla.org.au
Inner City Legal Centre Legal advice for LGBTIQ+ community and sex workers Phone: (02) 9332 1966 or 1800 244 481 Website: iclc.org.au
Immigration Advice & Rights Centre (IARC) Refugee and immigration legal support Phone: (02) 8234 0700 Website: iarc.org.au
Legal Aid NSW Legal help across NSW, means-tested Phone: 1300 888 529 Website: legalaid.nsw.gov.au
Legal Aid SACP Service Protects privacy of counselling notes in sexual offence cases Phone: (02) 9219 5888 Email: sacps@legalaid.nsw.gov.au More info: SACP Service
Knowmore Legal Service Legal advice for survivors of child abuse Phone: 1800 605 762 Website: knowmore.org.au
Other Support Services
Witness Assistance Service (ODPP) Support for victims and vulnerable witnesses Phone: 1800 814 534 | TTY: (02) 9285 8646 Website: odpp.nsw.gov.au
Immigrant Women’s Speakout Advocacy and referrals for migrant and refugee women Phone: (02) 9635 8022 Website: speakout.org.au
ACON – Safety and Inclusion Project Support for LGBTQIA+ people facing violence or harassment Phone: (02) 9206 2000 | Free call: 1800 063 060 Website: acon.org.au Healthy relationship resource: sayitoutloud.org.au
SWOP (Sex Workers Outreach Project) Support for sex workers in NSW Phone: (02) 9184 9466 Website: swop.org.au
TIS National (Interpreting Service) Phone: 131 450 Website: tisnational.gov.au
National Relay Service Support for people who are deaf or have speech impairments TTY: 133 677 | Speak & Listen: 1300 555 727 SMS Relay: 0423 677 767 Website: infrastructure.gov.au/national-relay-service
Deaf Connect Support and interpreting services for the deaf community SMS: 0497 587 188 Website: deafconnect.org.au
People with Disability Australia Advocacy and referral Phone: (02) 9370 3100 | Freecall: 1800 422 015 Website: pwd.org.au
NSW Ageing and Disability Abuse Helpline Report concerns of abuse or neglect (Mon–Fri, 9am–5pm) Phone: 1800 628 221 Website: ageingdisabilitycommission.nsw.gov.au