
Section 142ZZ – Resident may challenge notice to vacate on grounds of family violence or personal violence (part 4A site). Section 142S – Application for termination or new rooming house agreement because of family violence or personal violence. Section 91V – Application for termination or new residential rental agreement because of family violence or personal violence. If you want to know what the law says about ending an agreement due to family violence, you can read these sections of the Residential Tenancies Act 1997: You can read about these and other changes in a summary of the reforms or in detailed fact sheets and guides. Leases are now called rental agreements. Landlords are now called rental providers. An application to VCAT can now be brought on behalf of a child who is experiencing family violence. VCAT can now make orders about ending agreements due to family or personal violence. Some of the major changes to laws about ending an agreement due to family violence include: Victoria made significant changes to renting laws in 2021. applying to VCAT to end the rental agreement early.įor more information, view information for excluded renters or residents.
having a representative attend an inspection of the property. However, they have certain rights, including: They must not enter the property, and if you change the locks, the rental provider cannot give them a key. The person who has been violent can be excluded from your rental property in a family violence safety notice, a family violence intervention order, or a personal safety intervention order. If the rental provider organises an inspection, the excluded person is allowed to have a representative there during the inspection. organise an inspection of the property after giving you the proper notice. If VCAT decides that your existing rental agreement should end or that a new agreement should be started that does not include the person committing the violence, the rental provider can: If VCAT changes or ends your rental agreement VCAT must hear your application within 3 business days or no later than the next available day after the end of the 3 business days. whether the person committing the violence has been arrested, charged or released on bail. the risk to your or your children’s personal safety. When making a decision, VCAT will also take into account: VCAT might also consider spoken evidence. leaders or employees of religious organisations. a letter, report or written statement from any of the following people:. a personal safety intervention order (issued by a court). a family violence intervention order (issued by a court). a family violence safety notice (issued by the police). If you or your children are experiencing family violence, you could provide documents and other evidence including:
VCAT can use a range of information and evidence to reach their decision.
lets you leave the property before the rental agreement ends without having to pay for breaking the lease. gives you a new rental agreement in your name without the person who has been violent towards you, even if your name isn’t on the current agreement. You can ask for VCAT to give you an order so that the rental provider (landlord):
You can also apply on behalf of any children you live with who are experiencing family violence if you are their parent or guardian. You can do this even if your name is not on the rental agreement. If you are experiencing family violence and need to change your rental agreement (lease) so that you or your children can be safe, you can apply to VCAT. Other pages have information about changing the locks or installing security devices.
If someone is excluded from the property. If VCAT changes or ends your rental agreement. Changing or ending your rental agreement. There are rules that let people make changes to their rental agreements if they are experiencing violence by someone who is on the rental agreement. #I can hear your voice ending how to#
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