A tenant must provide the completed form to their property manager/owner with relevant evidence to support their circumstances (e.g. a Domestic and family violence report). The relevant evidence options are set out on Part B of the form and the tenant can choose to either show or give the relevant evidence to the property manager/owner.
Tenants vacating due to experiencing domestic and family violence must provide 7 days notice. They can leave before 7 days but they are responsible for paying rent until the end of the 7 day notice period.
The vacating tenant's interest in the tenancy agreement ends once the 7 day notice period has expired AND the tenant has vacated the premises.
Vacating tenants are not responsible for costs relating to:
- the ending of the residential tenancy agreement or interest;
- goods left behind in the rental premises;
- reletting the rental premises.
The vacating tenant is still responsible for costs associated with breaching terms of the agreement which are not related to the domestic and family violence (for example, rent arrears or damage to the property by a pet). However, vacating tenants are not required to repair or compensate the property manager/owner for damage to the premises or inclusions caused by an act of domestic and family violence experienced by the tenant.
Vacating tenants can apply for a refund of their rental bond contribution by completing and submitting a Bond refund for persons experiencing domestic and family violence (Form 4a) to the RTA.
Within in 7 days of receiving a Notice ending tenancy interest, the property manager/owner must inform the vacating tenant on all of the following:
- whether the property manage/owner intends to apply to QCAT under section 308H to have the notice set aside because it does not comply with section 308B
- that any remaining tenants for the tenancy agreement will be informed that the tenant is vacating the premises (see continuing interest notice);
- when the other tenants will be informed that the tenant is vacating the premises; and
- that the residential tenancy agreement continues for the other tenants.
Everyone deserves to feel safe at home – domestic and family violence is never acceptable.
Related resources: Help and support is available for Queenslanders affected by domestic and family violence.