You Want To Leave - Leaving Due To Damage, Injury or Harassment
If you have a residential tenancy agreement, you can apply to the Tribunal for an urgent hearing to terminate your agreement where there has been damage, injury or harassment. In cases of domestic violence, other occupants or domestic associates can also apply to the Tribunal about the tenancy.
- Damage or injury: If the lessor or a co-tenant has caused or is likely to cause serious damage to you, to someone you have allowed onto the property, or to your possessions, you can apply directly to the Tribunal for an urgent hearing to end the agreement. If you have applied to the Tribunal for a termination order, and you have good reason to believe that the lessor or a co-tenant may cause further damage or injury, you can make an urgent application to the Tribunal for a restraining order.
- Lessor’s objectionable behaviour: If the lessor has harassed, intimidated or verbally abused you or someone you have allowed onto the premises, you can apply directly to the Tribunal for an urgent hearing to end the agreement. The Tribunal may grant the order if it is satisfi ed that you have established the basis of the application and the behaviour justifi es the termination of the agreement.
- Domestic Violence – application by other occupants A person who is an occupant of the premises or is the domestic associate of the tenant (eg: spouse, partner, family member, carer) can apply to the Tribunal to terminate the tenancy in cases where the tenant has committed an act of domestic violence or
caused damage to the premises or injury towards the applicant. The applicant can also apply to remain in the premises and be named as the tenant instead of the tenant who committed an act of domestic violence. In deciding these matters, the Tribunal must consider the domestic violence issues and the lessor must be given an opportunity to be heard.
You can use an Exit Condition Report to record the condition of the premises when you move out and a Refund of Rental Bond Form 4 to apply to the RTA for a bond refund.