Domestic Violence and Residential Tenancies (Tas)

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 14 April 2026.

When a tenant is affected by domestic violence, this can have implications for their rental agreement. In Tasmania, there are two provisions in the Residential Tenancies Act 1997 that can be used to assist a victim of domestic violence who is living in a rental property. There are also provisions in the Family Violence Act 2004 that relate to terminating or changing a lease because of domestic violence. This page outlines what a residential tenant can do when they are affected by domestic violence in Tasmania.

Understanding your rights as a tenant experiencing domestic violence is crucial for ensuring your safety and protecting your housing security. Tasmania's legislation provides specific protections for tenants in these vulnerable situations, offering pathways to modify or terminate rental agreements when necessary for safety reasons.

What is domestic violence?

Section 7 of the Family Violence Act 2004 defines family violence as including assaults, sexual assaults, threats, coercion, intimidation and verbal abuse, abduction and stalking and bullying as well as economic abuse, emotional abuse and intimidation, property damage and contravening Family Violence Orders when this behaviour occurs between a person and their spouse or partner.

Types of Domestic Violence in Tenancy Contexts

In rental situations, domestic violence can manifest in various ways that directly impact housing arrangements. Financial abuse may involve controlling access to rent money or sabotaging employment to affect rental payments. Physical violence within the rental property can create unsafe living conditions, while threats to damage property or harm pets can force victims to remain in dangerous situations. Understanding these patterns helps tenants recognise when legal protections may apply to their tenancy agreements.

Talk to the landlord or agent

If a tenant is experiencing domestic violence and wants to end their rental agreement, their first step should be to inform the landlord or agent of the situation. The landlord or agent may be willing to end the rental agreement early under the circumstances. If no agreement can be reached directly with the landlord or agent, the tenant may ask the court to change the rental agreement as part of an application to make or vary a family violence order.

Approaching Your Landlord Safely

When communicating with landlords about domestic violence situations, tenants should prioritise their safety. Consider having a trusted friend, family member, or support worker present during discussions. Document all communications in writing, including emails and letters, as these may be useful evidence later. Many landlords are understanding of domestic violence situations and may be willing to negotiate early lease termination without penalty when presented with appropriate documentation.

What Documentation to Provide

While not always required for initial discussions, having relevant documentation ready can help facilitate negotiations with landlords. This may include police reports, family violence orders, medical certificates, or letters from domestic violence support services. However, tenants should only share what they feel comfortable disclosing and should never feel pressured to provide more information than necessary.

Ending a lease because of family violence

Under section 16 of the Family Violence Act, if a court makes a family violence order for the protection of a person who lives in a rental property, it may order that the perpetrator vacate the premises, that they do not enter the premises, or that they enter the premises only under certain conditions.

Under section 17 of the Family Violence Act, the court may also make an order terminating the tenancy agreement, taking the protected person off the lease, or taking the perpetrator off the lease. However, these orders can be made only where the court has made a family violence order.

If a person has a family violence order made against them and an order is made removing them from a lease, this revokes their right to enter the property. If they enter the property or try to do so, they are trespassing, and the protected person can contact the police.

Court Process for Lease Modifications

When seeking court orders to modify tenancy arrangements, applicants must demonstrate that changes to the lease are necessary for their protection. The court considers factors such as the severity of violence, ongoing risk, availability of alternative accommodation, and the impact on all parties involved. Legal representation is strongly recommended when navigating this process, as the court orders will have significant legal and practical implications for all parties.

Can I change the locks?

Under section 57 of the Residential tenancies Act, a tenant can change the locks in a rental property without permission from the landlord or agent if a family violence order (FVO) police family violence order (PFVO), or a domestic violence order (DVO) is in force.

Changing the locks without permission under other circumstances is a criminal offence that can attract a fine of up to 50 penalty units.

Requirements for Lock Changes

When changing locks under domestic violence provisions, tenants must ensure they provide landlords with copies of new keys within a reasonable timeframe, typically within 24-48 hours. The tenant remains responsible for ensuring the landlord maintains lawful access to the property for inspections and emergency repairs. It's advisable to notify the landlord in writing about the lock change and the reasons for it, while maintaining appropriate privacy about personal details.

Applying for an FVO

Under section 16 of the Family Violence Act, the court can make a FVO if satisfied that a person has committed family violence and may do so again. An FVO can include conditions such as not to contact the protected person, not to possess firearms, not to enter premises and to submit to electronic monitoring.

An application for an FVO may be made by the police or by the person seeking protection. The application should include a detailed affidavit setting out the circumstances of both parties, any previous incidents of violence, the reasons for believing there may be further family violence, and the conditions sought.

Emergency Applications

In urgent situations, interim family violence orders can be obtained quickly to provide immediate protection. These temporary orders can include provisions about the rental property, such as excluding the perpetrator