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Form 2
This form is for a tenant/s to give to a landlord/lessor, notice of the termination of their interest in the residential tenancy agreement on the grounds of family violence.
It needs to be accompanied by one or more of the following
- a DVO
- a Family Court injunction or an application for a Family Court injunction
- a copy of a prosecution notice or indictment containing a charge relating to violence against the tenant or a court record of a conviction of the charge
- a report of family violence (evidence form)
Important information about this notice
The types of tenancy agreements to which this notice applies
This notice applies to all tenancy agreements under the Residential Tenancies Act 1987.
Period of notice by tenant
A tenant can give the lessor this notice if the tenant, or a dependant of the tenant, is likely to be exposed or subjected to family violence during the term of the residential tenancy agreement. The period of the notice must not be less than 7 days before termination day.
Co-tenants
A lessor must give a copy of this notice (but not an accompanying document) to any co-tenants named on the residential tenancy agreement within 7 days after receiving this notice. A co-tenant may, within 7 days after receiving a copy of this notice, give the lessor notice of termination of the co-tenant’s interest in the residential tenancy agreement. This period of notice must not be less than 21 days before the termination day.
Notice by co-tenant to terminate their interest in the residential tenancy agreement
A co-tenant does not need to use a specific form to notify the lessor that they wish to terminate their interest in the residential tenancy agreement. They simply need to notify the lessor in writing.
Co-tenant remaining in residential premises
Any co-tenants who wish to remain in the residential premises are entitled to do so and the existing tenancy agreement will continue to apply to them.
Documents must be kept confidential
A lessor must not disclose information contained in this notice or an accompanying document to another person except as allowed by the Residential Tenancies Act 1987 or another written law. A penalty of a fine of up to $5,000 applies for failure to comply with this requirement.
A lessor must ensure that information given to them in this notice and an accompanying document is kept in a secure manner so far as it is reasonably practicable to do so. A penalty of a fine of up to $5,000 applies for failure to comply with this requirement.