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Domestic Violence

10. Tenancy Arrangements

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 20 Jul 2015
    10. Tenancy Arrangements
  • If you are living in rental accommodation and you have an ADVO that states that the person you are living with is not allowed onto the property you are allowed to change the locks immediately.
  • You do not need to get permission from the landlord to change the lock however you must give them a key within 7 days. They cannot pass this key along to the excluded party.
  • You will have to pay all the costs associated with changing the locks.
  • If a final ADVO says a person who has a tenancy agreement is not able to live in the rented property than this ends the agreement. If you were both named on the agreement the tenancy will now be solely in your name.
  • Where the tenancy agreement was solely in your partner’s name and you have a final ADVO excluding your partner from your place of residence you can request that the tenancy agreement be put in your name by the landlord.
  • If you are issued with a final ADVO and you are a tenant you can end the lease early by giving the landlord 14 days written notice of your intention to leave. You will not have to compensate the landlord for terminating the lease early.
  • If an offender has caused damage to your rental property during a domestic violence incident and you were not at fault you can ask for this to be reflected on your tenant history. You can also apply to the NSW Civil and Administrative Tribunal for orders to have any adverse information removed or changed.

Whether you are renting or own your home the NSW government has a program called Staying Home Leaving Violence that may be able to assist you with the transition from a violent relationship: http://www.community.nsw.gov.au/docs_menu/for_agencies_that_work_with_us/our_funding_programs/shlv.html

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