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Every person has the right to feel safe in their home.
Tenants affected by family and domestic violence (FDV) and renting a home, can choose to stay at the home or leave the home. Stay safe – Contacting the police or a support service can be the first step to getting help.
Call 000 if you are in danger.
Call 1800RESPECT on 1800 737 732 (24 hours) to talk to a counsellor about family violence and get support.
On this page:
- Video on the FDV tenancy laws
- Leave the home
- Keeping perpetrators housed
- Stay at the home
- Rights of remaining co-tenants
- When the court gets involved
- Tenancy databases
- Definitions
- Get help?
Video on the FDV tenancy laws
This video and the information after explain how you can stay or leave the home.
Leaving the home
Tenants
- Can leave straight away
- Do not have to go to court.
- Must let the landlord know. See more at Notice to leave below.
- Give seven (7) days' notice. YOU DO NOT HAVE TO STAY. This just means you will have to pay a week's rent even if you leave straight away. There are ways of getting help to cover this payment.
- You will not have to pay any other fees or charges for leaving early.
- The bond may be used for money owed or damage.
Landlords
- Have the right to have seven (7) days' notice. Tenants can leave straight away but still need to cover the notice period.
- Can’t charge any other fees or charges for leaving early.
- Must remove the tenant from the rental agreement.
- Give any co-tenants a copy of the termination notice only.
- Keep the tenants' evidence private and confidential.
- Can’t argue if FDV has occurred.
Keeping perpetrators housed
Letting the victim leave and keeping the perpetrator housed helps the safety of the victim(s). The perpetrator will be responsible for continuing to pay rent and topping up the bond if they stay.
Notice to leave
Tenants will need to give the landlord:
- a termination notice for either a residential tenancy or residential park (on-site home) and
- evidence from a:
- Consumer Protection Family violence report - Evidence form
- Family or Domestic Violence Restraining Order (see Legal Aid website)
- Family court injunction or an application for a family court injunction; OR
- copy of a prosecution notice or an indictment covering the family violence charges.
Who can sign the Consumer Protection FDV Evidence Form
The form can be signed by:
- a doctor;
- a psychologist;
- a social worker;
- a person in charge of a women’s refuge;
- a police officer;
- a child protection worker;
- a family support worker; or
- a person in charge of an Aboriginal health, welfare or legal organisation.
Stay at the home
A tenant can apply to court to have a perpetrator’s name removed from the rental agreement.
A tenant can make the home safer by changing the locks or security upgrades.
Making security upgrades without permission
A tenant can make security upgrades without asking the landlord e.g. change the locks.
The tenant must
- let the landlord know about the security upgrades.
- have the security installed by a qualified tradesperson.
- pay for the upgrades, unless the landlord has agreed to pay for them
- give a copy of any invoice to the landlord.
- give a copy of any new keys to the landlord within 7 days (unless the landlord is the perpetrator)
- follow laws or strata rules
- take into consideration the age and character of the property eg heritage listing
- be aware of any health risks eg asbestos.
A landlord can ask the tenant to remove the security upgrades when they move out of the home.
More information is available on the making changes page.
Rights of remaining co-tenants
Co-tenant/s:
- can stay in the home, even if they are the alleged perpetrator. They may be asked to top up the bond if part of the bond was returned to a leaving tenant; or
- give 21 days’ notice and leave the home.
When the court gets involved
The court can help you to stay in the home and sort out who needs to fix any property damage, unpaid rent or bonds.
Tenancy databases
Tenants names must not be added to a tenancy database because of an FDV issue.
Tenants can ask for their name to be removed from a tenancy database if the listing was because of FDV.
Definitions
- Landlord – is the lessor who is a head-tenant, owner of the home or their agent/manager.
- Tenant – the person renting the home.
- Rental agreement – the lease, tenancy agreement
- Disputes – disagreements or problems.
- Perpetrators – person who is acting violent.
Need help?
We can give you help you with information on:
- Staying in the home
- Leaving the home
- Forms and processes
- Your rights on repairs, tenancy databases, adding security and evictions.
- support services.
The following resources can also help:
- Department of Communities Help and support services
- Circle Green tenancy advice and advocacy
- Directory of WA’s Community Legal Centres
- Legal Aid WA’s Keeping Safe – Interim FVROs page
- RSPCA WA Pets In Crisis Program
- Yourtoolkit.com has free information on support services, personal safety and money tips.