NSW Domestic Violence Termination: Landlord Obligations When a Tenant Ends Early

What a Domestic Violence Termination Notice Means for Landlords

Under the Residential Tenancies Act 2010, a tenant experiencing domestic violence can serve a Domestic Violence Termination Notice (DVTN) and end their tenancy immediately, without financial penalty. No lease-break fees apply. No minimum notice period applies. The tenancy ends on the date the tenant vacates and returns keys.

This is not something the landlord initiates. The tenant serves the DVTN on the landlord or agent, accompanied by prescribed evidence — an Apprehended Domestic Violence Order (ADVO), a family law injunction, a police report, or a declaration from a qualifying medical or social services professional.

As a landlord, you don't assess whether the evidence is sufficient. You accept the notice and comply with the obligations that follow.

Your Notification Duty to Remaining Co-Tenants

If the departing tenant is on a joint lease, the remaining co-tenants need to know the tenancy has changed. Under the Residential Tenancies Amendment (Domestic Violence Reform) Act 2025 and associated regulations (commenced 21 September 2026), the duty to notify remaining co-tenants shifted from the victim-survivor to the landlord or agent.

You must give the remaining tenants the approved notice no earlier than the termination date and no later than 7 days after it. The notice states that you received the DVTN and gives its termination date.

What this notification must not include: any details from the DVTN itself or its supporting evidence, the reason for the departure, or the identity of the alleged perpetrator. The notification simply confirms that the named tenant is no longer party to the agreement.

Privacy Obligations Are Strict

Landlords and agents are legally prohibited from sharing:

• The DVTN itself
• Any supporting evidence attached to it (ADVO, police report, medical declaration)
• Any details about the domestic violence contained in the DVTN or its supporting evidence
• The departing tenant's new address or contact details if included in the DVTN or its supporting evidence

You cannot share this information with remaining co-tenants, the alleged perpetrator, other tenants in the building, neighbours, or anyone else. Unlawful disclosure carries statutory monetary penalties.

In practice, this means you store the DVTN and its attachments separately from your general tenancy file. If the alleged perpetrator is a remaining co-tenant who asks why the other person left, your answer is that the tenant exercised their statutory right to end their interest in the tenancy. Nothing more.

Bond and Rent

The departing tenant's rent liability ends on the date they return keys and vacate. They owe no rent beyond that date, regardless of where the fixed term stands.

Bond handling depends on whether other tenants remain:

• Sole tenant departing: The tenancy ends entirely. Process the bond through Rental Bonds Online as you would any other end of tenancy. The departing tenant is entitled to their share minus any legitimate claims for damage or unpaid rent up to the vacate date.
• Joint lease, remaining tenants stay: The remaining tenants' lease continues. If the departing co-tenant requests their bond share, the remaining tenants must repay it within 14 days, less any rent owed or other reasonable costs. Handle any bond update or adjustment through Rental Bonds Online.

What You Cannot Do

• Refuse to accept a compliant DVTN. The notice must include the prescribed evidence and meet the statutory requirements.
• Charge lease-break fees or early termination costs. These do not apply to DV terminations.
• Seek compensation from the departing tenant for lost rent for the remainder of the fixed term.
• Treat the exercise of the statutory DV termination right as a breach or a reason to penalise the tenant. The right to end the tenancy carries no financial penalty; handle any bond claim through Rental Bonds Online as usual.

If You're Not Sure What to Do

Domestic violence terminations involve sensitive personal circumstances and specific legal duties that changed as recently as September 2026. If you receive a DVTN and you're uncertain about your notification obligations or bond handling:

• Contact NSW Fair Trading on 13 32 20 for procedural guidance
• Consult a property solicitor if the situation involves complex co-tenancy arrangements

Our Ending a Tenancy in NSW guide covers landlord obligations when a tenant exercises their statutory termination rights, including DV terminations, tenant early exit after receiving a landlord notice, and the bond release workflow through Rental Bonds Online.

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