Leaving a Rental Because of Domestic Violence: What Has Changed in NSW?

Leaving an unsafe home can be difficult enough without worrying about a rental agreement, financial penalties or whether you will recover your share of the rental bond. For tenants experiencing domestic abuse, these concerns can create additional barriers to finding safety and securing alternative accommodation.

On 21 September 2026, new rental law reforms commenced in New South Wales, strengthening existing protections for victim-survivors of domestic abuse. The changes aim to make it easier to end a tenancy, improve protections for tenants who are not responsible for property damage and address practical difficulties that can arise when a tenant leaves a shared rental property.

Here is what tenants, landlords and property managers need to know about the changes.

1. Can you leave a rental property immediately because of domestic abuse?

Yes. Under NSW tenancy laws, a tenant who is experiencing domestic abuse, or whose dependent child is experiencing domestic abuse, can end their tenancy immediately without a minimum notice period or financial penalty, provided the legal requirements are met. This protection applies to both fixed-term and periodic residential tenancy agreements.

To use this process, the tenant must give the landlord or agent a Domestic Violence Termination Notice and attach the required evidence of domestic abuse. The tenant does not need to apply to the NSW Civil and Administrative Tribunal (NCAT) to end the tenancy.

The reforms also expand the categories of people who can make a competent person declaration supporting a tenant's notice. This is intended to improve access to the evidence needed to use the termination process.

However, tenants must still satisfy the applicable requirements. Simply moving out or advising the landlord verbally may not be sufficient to formally end the tenancy under this process.

2. Do you have to tell your co-tenants that you are leaving?

One significant change concerns tenants who share a rental property with other people.

Previously, a tenant using the domestic violence termination process was required to provide a copy of their termination notice to the other tenants under the agreement.

Under the new rules, the departing tenant no longer needs to notify their co-tenants personally. Instead, the landlord or agent must notify each remaining co-tenant individually within seven days after the tenancy ends.

This change is particularly important where the alleged perpetrator is also named on the lease. It removes the need for a victim-survivor to take a step that could compromise their safety or expose them to further intimidation.

The reforms also introduce a temporary rent adjustment for certain remaining co-tenants who are not responsible for the abuse. This gives eligible tenants a short period to make alternative arrangements after another tenant leaves.

The rules governing the rent adjustment depend on the circumstances, including whether the remaining tenant is the alleged perpetrator.

3. Can you recover your share of the rental bond?

Recovering a rental bond can be complicated when several people are named on the same tenancy agreement.

The new reforms provide a clearer process for a tenant who leaves because of domestic abuse to seek repayment of their share of the bond from the remaining co-tenants. If the parties cannot agree on repayment, the departing tenant can apply to NCAT for an order determining the bond dispute.

The reforms also provide for standard residential tenancy agreements entered into from 21 September 2026 to record each co-tenant's original bond contribution. This may help establish how much each person contributed when a dispute arises.

For tenants leaving an unsafe home, being able to establish their original contribution may make it easier to pursue repayment without becoming involved in a prolonged dispute with the remaining tenants.

Tenants should keep any available records of their bond payment and obtain advice about the appropriate process if repayment is disputed.

4. Are you responsible for property damage caused by domestic abuse?

Property damage can create significant financial concerns for tenants leaving an unsafe home. The new reforms strengthen protections for victim-survivors and other tenants who were not responsible for damage caused by domestic abuse.

Where NCAT determines that property damage was caused by domestic abuse, a victim-survivor or another tenant who was not the perpetrator is not liable for that damage under the relevant protections.

This is important because concerns about repair costs, bond deductions or claims by a landlord may otherwise create additional financial pressure for someone attempting to leave an unsafe situation.

However, the protection does not automatically remove liability for every instance of damage occurring during a tenancy. The circumstances, available evidence and applicable legal requirements remain important.

Landlords and property managers should also take care when assessing damage claims where domestic abuse may be involved.

5. Can you change the locks to protect your safety?

The reforms strengthen protections for tenants who need to improve the security of their rental property because of domestic abuse.

In certain circumstances, tenants can change locks or other security devices without the landlord's consent. This includes circumstances where an alleged perpetrator is legally prohibited from accessing the property under a relevant court order, bail condition or parole condition.

However, tenants must still comply with the applicable requirements concerning the work, the provision of replacement keys and notification to the landlord or agent. For example, a tenant who changes a lock without the landlord's agreement will generally need to use a qualified person, subject to the applicable exceptions. There are also rules about providing replacement keys, including exceptions where a person is legally prohibited from accessing the property.

Tenants should check the requirements applicable to their circumstances before changing locks, unless an emergency or other applicable exception permits a different approach.

6. Can a landlord publish photographs that reveal your personal belongings or location?

Privacy can be a significant concern for tenants experiencing domestic abuse, particularly if photographs of their home could reveal information about their location or personal circumstances.

The new reforms strengthen protections relating to photographs and videos taken by landlords or agents for advertising purposes. Where the relevant requirements apply, landlords and agents must give tenants at least seven days' notice before taking photographs or videos for publication. If a tenant's personal belongings are visible, the landlord or agent must provide the tenant with copies free of charge and obtain the tenant's written consent before publication.

A tenant may refuse consent where they provide evidence of domestic abuse or reasonably fear that publication could reveal their location and expose them or their dependent child to further abuse.

These changes recognise that photographs can disclose more than the condition of a property. They may also inadvertently reveal personal belongings or other information that could compromise a tenant's safety.

What should tenants do if they need to leave an unsafe rental property?

Where it is safe and practicable to do so, consider the following steps:

• Understand the termination process. Check which notice applies and what evidence must accompany it.

• Keep relevant records. Retain copies of your tenancy agreement, bond payment records, notices and supporting documents where it is safe to do so.

• Consider your privacy and security. Take care when communicating with the landlord or agent and storing documents that another person may be able to access.

• Understand your bond rights. If other tenants remain in the property, consider the available process for recovering your contribution without compromising your safety.

• Seek legal and practical support. Specialist domestic abuse services can assist with safety planning, accommodation and referrals to appropriate support.

If you are in immediate danger, call Triple Zero on 000. The NSW Domestic Violence Line is available 24 hours a day on 1800 65 64 63.

How Lawgix can help

Understanding your rights under a residential tenancy agreement can be difficult, particularly when domestic abuse creates urgent safety and financial concerns.

Lawgix can assist with advice about residential tenancy rights and obligations, including ending a lease, rental bond disputes and other issues arising under a tenancy agreement.

If you are a tenant, landlord or property manager seeking guidance about your rights and responsibilities under NSW tenancy laws, contact Lawgix to discuss your circumstances.

Further information

For further information about the reforms, visit:

1. NSW Fair Trading: Tenant protections for domestic violence and abuse in a rental property
2. NSW Fair Trading: Ending a tenancy because of domestic violence and abuse
3. NSW Fair Trading: Understanding domestic abuse in rental situations

This article provides general information only and is not legal advice. The application of the law depends on the individual circumstances. Readers should obtain independent legal advice where appropriate.