Tenancy law contains options for renters who experience family or personal violence.
Renters experiencing family or personal violence may apply to the Victorian Civil and Administrative Tribunal (VCAT) to:
Options are also available to defend some notices to vacate (NTV) issued to renters experiencing family or personal violence.
If a renter has been affected by family or personal violence, tenancy law may protect them from having to pay for certain costs related to damage, ending a rental agreement early, unpaid rent or utilities.
We recommend speaking to a lawyer before contacting the real estate agent or rental provider to increase your client’s options and put your client in the best financial position. Our resources provide referral options based on your client’s particular issue.
Tenancy law covers situations of both family violence and personal violence as defined below.
Family violence is a behaviour by a person towards a family member that is:
Personal violence can be carried out by a non-family member and means the following:
A renter or person living in the property as their principal place of residence (affected person) may change the locks to the property for their safety. The new key(s) must be shared with other co-renters. Who is on the rental agreement and whether there is an intervention order will affect the steps required to change the locks.
Read more about changing the locks when there is violence.
A renter may install a range of safety devices to the property for their safety, including security lights, cameras, alarm systems and doors. Depending on the device, they may need to request consent from the rental provider.
The renter is also responsible for restoring the property to the condition it was in before the safety device was installed, unless an agreement is made with the rental provider.
Read more about installing safety devices when there is violence.
If your client has experienced or is experiencing family violence or personal violence in their rental, there are protections under the rental laws to minimise victim-survivors being left with costs relating to that violence, like costs to repair damage or unpaid rent.
The options available for your client will depend on whether they plan to stay at the property, or if they plan to leave or have left already.
Read more about dealing with damage or unpaid rent when there is violence.
If your client has experienced violence and wants to leave their rental property, they may apply to VCAT to terminate the rental agreement or to reduce the length of the agreement. The options available depend on whether the person using violence is on the rental agreement.
Read more about ending a lease when there is violence.
Where the person using violence is on the rental agreement and a victim-survivor is either:
the victim survivor can apply to VCAT for orders terminating the existing rental agreement (as outlined above) and making a new one in their name.
Read more about removing someone from the lease when there is violence.
There are options to challenge some types of notices to vacate, where the act or breach for which the notice was given, was caused by a person who has subjected the applicant to family or personal violence.
Read more about preventing eviction when there is violence.
Rental databases, also called ‘blacklists’, are used by real estate agencies to collect information about renters. A renter can be listed on a database if they leave a property and they owe money for rent or damage (more than their bond) or if they were evicted for certain reasons, affecting their future rental applications.
If your client’s rental provider plans to list them, they are required by law to give your client a copy of the information to be listed on the database. They are also not allowed to list someone if the information relates to the renter’s experience of family violence or personal violence.
Read more about objecting to or removing tenancy database listings when there is violence.
If your client has experienced family violence or personal violence, they can stop or limit photos, videos or open house inspections which might put their privacy and safety at risk if their home is being advertised for sale or rental.
Read more about protecting your client’s privacy when their rental home is being advertised and there is violence.
The content on the Workers’ Resource Hub is legal information for general guidance and not legal advice. The content on this webpage was last updated in August 2023. See full disclaimer and copyright notice.
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