Renting

Domestic violence in a rental property

Every person has the right to feel safe and live free from violence.

A person who suffers domestic violence in a rental property has rights under tenancy law, even if they are not named on the tenancy agreement.

Domestic and family violence is any form of violence or abuse where the abusive person is:

  • a spouse (including defacto)
  • an intimate or dating partner
  • a family member, or
  • an informal carer.

Domestic violence includes:

  • physical abuse
  • damage to property
  • verbal abuse
  • emotional abuse
  • sexual abuse
  • financial abuse
  • threats or attempts to do any of the above

If someone in a rental property is experiencing domestic violence they can apply to QCAT to:

  • remove the name of the person who has committed an act of domestic violence from the tenancy agreement
  • be listed as the tenant
  • end the tenancy agreement, or
  • prevent their personal information being listed in a tenancy database where a breach of the agreement is a result of the actions of a person who has committed an act of domestic or family violence.

Applying to QCAT

A QCAT application can be made if a person living in the property has, or is likely to cause, serious damage to the property or injury to someone living in the property.

The tenant (or person experiencing domestic violence) should notify the property manager/owner they are applying to QCAT and must give them an opportunity to attend the hearing. They should seek legal or tenancy or advice if they are concerned about doing this.

Useful contacts

Organisation Contact details
DV Connect (for women) 1800 811 811
DV Connect (for men) 1800 600 636
Aboriginal & Torres Strait Islander (ATSI) Women’s Legal & Advocacy Service 07 3720 9089
Legal Aid Queensland
1300 651 188
Women's Legal Service 07 3392 0670 or areas outside Brisbane 1800 677 278
Integrated Indigenous Strategy Unit - Legal Aid Queensland 1300 650 143
Immigrant Women's Support Service 07 3846 3490
Brisbane Domestic Violence Service 07 3217 2544
Disability Services Contact your local service centre or call 13 QGOV (13 74 68) (TTY 1800 010 222)
Elder Abuse Prevention Unit 1300 651 192
Tenants Queensland 1300 744 263
Department of Justice and Attorney-General 13 74 68