When facing domestic violence, knowing your legal rights can provide a lifeline. Survivors have specific protections that can allow them to break a lease without financial penalty.
This guide will explore the steps you need to take, the documentation required, and how the law supports you during such critical times.
Understanding these provisions can empower you to make safe, informed decisions about your housing situation amidst challenging circumstances.
Can I Break My Lease Due to Domestic Violence?
Yes, you can generally break your lease if domestic violence is occurring. If your safety or well-being is at risk, you may be able to terminate your lease agreement early.
It’s important to gather evidence to support your claim, such as police reports, medical records, or witness statements. You should also contact your landlord or property manager as soon as possible to inform them of the situation and your intention to break the lease.
Remember, your safety is paramount. If you feel threatened, don’t hesitate to seek help from local authorities or support organisations.
What Evidence Do I Need to Prove Domestic Violence for a Lease Termination?
To successfully break your lease due to domestic violence, you’ll need to provide strong evidence to support your claim. This may include:
- Police reports: Any reports filed related to domestic violence incidents.
- Medical records: Documentation of physical injuries or emotional trauma.
- Witness statements: Statements from friends, family, or neighbours who can corroborate your claims.
- Photographs or videos: Evidence that can visually document the domestic violence.
- Texts, emails, or social media messages: Written communication that may indicate abuse.
The more evidence you can gather, the stronger your case will be. If you’re unsure about what evidence to collect or how to present it, consulting with a family lawyer can provide valuable guidance.
Also Read: Domestic Violence Case Results: Impact on All Parties
What Legal Options Do I Have If My Landlord Refuses to Let Me Break My Lease?
If your landlord refuses to let you break your lease due to domestic violence, the law is on your side.
Tenants have the legal right to terminate their lease immediately without penalty in cases of domestic violence.
If your landlord is non-compliant, you can escalate the issue to NSW Fair Trading or take the matter to the NSW Civil and Administrative Tribunal (NCAT) for resolution.
These legal channels ensure your rights are upheld and that you can safely leave the property.
What Happens to My Security Deposit If I Break My Lease Due to Domestic Violence?
If you break your lease due to domestic violence in NSW, you’re generally entitled to a full refund of your security deposit.
This is to help protect you from financial hardship during a difficult time. However, it’s important to provide your landlord with written notice of your intention to break the lease and the reason for doing so.
You may also need to provide evidence to support your claim of domestic violence.
If your landlord disputes your claim or refuses to return your security deposit, you can take legal action through NCAT. A family lawyer can assist you in this process.
Don’t Let Domestic Violence Keep You Trapped
Are you facing domestic violence and need help breaking your lease? Justice Family Lawyers can provide the legal support you need.
Our experienced lawyers understand the complex issues surrounding domestic violence and can help you navigate the legal process.
Contact us today for a free 10-minute consultation. We’ll work with you to protect your rights and ensure your safety.
