Residential Tenancies Act 1997

This section applies to a tenant under a residential tenancy agreement if—

the tenant, or a dependent child of the tenant, has experienced family violence; and

the tenant has not sublet the premises.

Despite any other territory law, the tenant may terminate the agreement or, if the tenant is a co-tenant, stop being a party to the agreement, by—

giving the lessor written notice that the tenant is vacating the premises because of family violence (a family violence termination notice); and

vacating the premises in accordance with the notice.

A family violence termination notice must—

state the day the tenant intends to vacate the premises (the vacating day); and

be accompanied by at least 1 of the following documents (a supporting document):

a family violence order protecting the tenant or child;

an injunction made under the Family Law Act 1975 (Cwlth), section 68B or section 114 in relation to the tenant or child;

a competent person declaration relating to the tenant or child;

any other document prescribed by regulation.

For subsection (3) (a), the vacating day must be on or after the day the tenant gives the notice to the lessor.

The break lease fee clause does not apply if a fixed term agreement is terminated under this section.