
Domestic violence is not uncommon in Australia, with 2 out of every 5 women aged 15 and above having experienced it, and an average of one woman being killed by her husband or former husband every week. Domestic violence goes beyond physical abuse and includes verbal, emotional, and economic torment or threats. Even surveillance or stalking can constitute charges of domestic violence.
In this video, we will discuss how to deal with a tenant experiencing domestic violence as a landlord, the rights and obligations of tenants and landlords, and how to maximize your best interest as a landlord.
As of October 20, 2021, the RTA has made changes to some tenancy clauses to ensure better protection of the rights of tenants who are victims of domestic violence. These changes include relieving most victims of the responsibility to vacate the premises within 7 days, such as no need to pay break lease transfer fees, advertising fees, and damages to the property due to domestic violence.
If a tenant unfortunately experiences domestic violence, they should immediately call 000 for DVO legal assistance. Victims can consider whether to move out of the rental property, either by having the perpetrator move out or choosing to move out themselves. If they decide to stay, they can change the locks without permission or notice but need to inform the landlord or property manager as soon as possible. Property managers cannot provide keys to new locks without the knowledge of the victim. If the victim decides to leave, they can vacate the premises immediately but need to submit Form 20 and provide evidence of domestic violence, with a notice period of 7 days and pay rent until the end of the 7 days notice period.
Property managers or landlords reserve the right to file a QCAT appeal within these 7days, usually occurring when there are doubts about the tenant being a victim of domestic violence or insufficient evidence provided. The application fee for a QCAT appeal has to be paid by the landlord. If no appeal is made and the property is shared with other tenants, the property manager will promptly inform the rest of tenants about the situation.The victim tenant can claim back the portion of the bond, and the other tenants have to make up that portion of the bond within 1-2 weeks. Similarly, as the victim is not responsible for breaking lease including reletting fees and advertising fees due to domestic violence, these costs will be shared among the remaining leaseholders. If the victim tenant is the only leaseholder, these costs will be borne by the landlord.
However, the victim tenants are still responsible for paying off the rent in arrears, compensating for losses to the house caused by other than domestic violence, such as damage caused by the tenant’s pets, and paying for bond cleaning or pest control, etc.
This is why we repeatedly emphasize the importance of landlord insurance that could cover the loss mentioned above, which can at least minimize such unforeseen losses. At Midas, we have a very strict procedure of screening tenants to avoid unpleasant experiences as much as possible. Our commitment is to provide landlords with peace of mind, ensuring a pleasant and worry-free investment journey with us.
Conclusion
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