How to safely continue a tenancy when experiencing domestic and family violence

Help in an emergency

Call 000 if you or someone else is in danger.    

For non-emergency support, call the 1800RESPECT domestic violence helpline on 1800 737 732 (available 24/7). 

If you are experiencing domestic and family violence in a rental property and would like to stay in the property, there are steps you can take.

Apply for a domestic violence order or police direction

A domestic violence order or protection order can include conditions that stop a person using violence towards you from staying in a property that they share with you, even if the property is rented in their name. You can apply for the order yourself or ask the police to apply for you. For more information about how to apply, see the Queensland Government’s domestic violence orders page.

As well as being able to apply for a domestic violence order on your behalf, the police can take other steps to help protect you including issuing police directions. You can find out more about how the police can help on the Queensland Police Service’s domestic violence page.

Apply to replace the person using violence on the agreement

You can apply to the Queensland Civil and Administrative Tribunal (QCAT) for an order to be recognised as the sole tenant or as a co-tenant under a general tenancy or moveable dwelling agreement, replacing the person who has committed an act of domestic and family violence.

Before QCAT can make the order, they must give the property manager/owner an opportunity to be heard on the matter.

 You may be able to apply for an order to be recognised as the sole tenant or co-tenant at the Magistrates Court at the same time you are applying for a protection order under the Domestic and Family Violence Protection Act 2012.

Changing locks

Depending on your agreement type, you may have the right to change the locks on your rental property yourself or to ask your property manager/provider to change the locks for you.

General tenancy or moveable dwelling agreements

If you have a general tenancy or moveable dwelling agreement, you have the right to change the locks or access codes at a property if you believe it is necessary to protect yourself or others from domestic and family violence. You do not need consent from the property manager/owner to do this. You must:

  • engage a qualified locksmith or tradesperson
  • comply with body corporate by-laws applying to the property
  • provide a copy of the key or access code to the property manager/owner.

You do not need to provide the key or access code to the property manager/owner if you both agree it is not necessary or if QCAT makes an order for the key or access code to not be given to them.

Rooming accommodation agreements

If you have a rooming accommodation agreement and believe there is a risk to your safety or your belongings, you can ask your provider/manager to change or repair a lock that secures entry to your room.

If your request states that it is made for the purpose of protecting you from domestic and family violence, the provider must change or repair the lock.

Property manager/owner restrictions on sharing keys or access codes

If a lock or access code is changed due to domestic and family violence, the property manager/owner must not give the new key or access code to anyone without your consent or a reasonable excuse.

Penalties apply if the property manager/owner does not comply.

Help and support

Call 000 if you or someone else is in danger. For non-emergency support, call the 1800RESPECT domestic violence helpline on 1800 737 732 (available 24/7).

You can find other local domestic and family violence support services in your area and helplines in the Queensland Government’s help and support options directory

For more information about tenancy options in a domestic and family violence situation, contact the RTA on 1300 366 311.

Domestic and family violence in a rental property – process flowcharts

General tenancies

Rooming accommodation