Yes. In Queensland, you can end your lease because of domestic and family violence by giving 7 days' notice on RTA Form 20, with evidence such as a protection order or a Domestic and Family Violence Report. You can move out straight away, and you do not pay break lease fees or for damage caused by the violence.
- Give your property manager or owner Form 20 and your evidence.
- Pay rent only until the end of the 7-day notice period.
- Pay no break lease, reletting or advertising costs.
- Get your share of the bond back using RTA Form 4a.
If you do not feel safe at home, a lease should be the last thing you worry about. Since October 2021, Queensland law has given renters a fast and low-cost way to leave.
Domestic and family violence can happen to anyone. These rights apply to every renter, whatever their gender, age, background or type of relationship.
In danger right now? Call 000.
For 24/7 support, call 1800RESPECT on 1800 737 732, DVConnect Womensline on 1800 811 811 or DVConnect Mensline on 1800 600 636.
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Can I break my lease because of domestic violence in Queensland?
Yes. Under the Residential Tenancies and Rooming Accommodation Act 2008 (Qld), a tenant experiencing domestic and family violence can end their part of the tenancy with 7 days' notice.
This works if you rent on your own, with the person using violence, or in a share house. It also covers moveable dwellings such as caravan park sites.
You give notice using the Notice ending tenancy interest (domestic and family violence) (Form 20). If you rent a room in a rooming house, use Form R20 instead.
Do I have to stay for the 7 days?
No. You can leave straight away. Your part of the tenancy ends once the 7 days have passed and you have moved out.
What if more than one of us is leaving?
Each person leaving must give their own Form 20 with their own evidence. One form does not cover everyone.
What evidence do I need to give with Form 20?
Your Form 20 must come with evidence of the domestic and family violence. You can give a copy, or let the property manager look at it in person.
Accepted evidence includes:
- a protection order or temporary protection order;
- a police protection notice, or a police protection direction (accepted from 1 January 2026);
- an interstate protection order;
- an injunction for personal protection under the Family Law Act 1975 (Cth); or
- a Domestic and Family Violence Report signed by an authorised professional.
Who can sign a Domestic and Family Violence Report?
Authorised professionals include doctors and other health practitioners, social workers, refuge or crisis workers, domestic and family violence support workers, and lawyers. The full list is set out on the RTA form.
You do not need a protection order to leave. Many people leave before anyone goes to court, and a Domestic and Family Violence Report is often the fastest option.
What will it cost me to leave?
Leaving this way costs far less than a normal lease break. Here is what you do and do not pay.
| Cost | Do I pay? |
|---|---|
| Rent until the end of the 7-day notice period | Yes, even if you move out sooner |
| Break lease fees | No |
| Reletting and advertising costs | No |
| Goods you leave behind | No |
| Damage caused by an act of domestic and family violence | No, and the owner cannot claim your bond for it |
| Rent arrears from before you gave notice | Yes |
| Cleaning, and damage not caused by the violence (for example, pet damage) | Yes |
If you are the only tenant on the lease, you are fully responsible for costs that are not linked to the violence. These can be claimed from your bond.
Tip: Before you leave, take photos of any damage caused by the violence. Keep any police report numbers too, as they help if the owner later disputes the damage.
How do I get my bond back after leaving?
Use the RTA's Bond refund for persons experiencing domestic and family violence (Form 4a), not the normal bond refund form. You or the property manager can lodge it by email, post or in person.
Form 4a is not available on RTA Web Services. The RTA processes it once you have moved out and your part of the tenancy has ended.
Your privacy during the refund
- The RTA only deals with you and the property manager or owner.
- The RTA will not contact any remaining tenants about your refund.
- You do not have to give the property manager your new address.
- Use an email address that only you can access.
What if the owner disputes my refund?
If only one side signs Form 4a and claims some of the bond, the RTA sends the other side a Notice of claim. That person then has 14 days to dispute it.
If you still cannot agree, the RTA offers free dispute resolution. If that does not work, the matter can go to the Queensland Civil and Administrative Tribunal (QCAT).
Can my landlord or property manager challenge my notice?
Only in a very limited way. They cannot argue about whether the violence happened, or whether you could safely stay in the home.
Within 7 days of getting your notice, they must tell you whether they accept it or plan to apply to QCAT to set it aside. QCAT will only check whether your notice and evidence meet the legal requirements.
Your evidence must be kept confidential
The property manager or owner can only share your evidence in limited situations. These include sharing it with each other, getting legal advice, a court or tribunal hearing, or where the law requires it.
Penalties apply if they break these rules.
What if the person using violence is also on the lease?
The tenancy keeps going for the other tenants after you leave. Within 7 days of getting your notice, the property manager must tell you when they will let the other tenants know you have left.
They cannot tell the other tenants until at least 7 days after your part of the tenancy ends. They must then tell them within 14 days, using a Continuing interest notice.
That notice only says that your part of the tenancy has ended, that the lease continues, and whether they need to top up the bond. This gives you time to plan for your safety.
What if I want to stay in the home instead?
Leaving is not your only option. Depending on your situation, you may be able to seek:
- An ouster condition: a court making a protection order can include a condition that keeps the respondent out of the home, even if they are named on the lease.
- Tenancy orders: a Magistrates Court hearing a protection order application can also deal with related tenancy issues. This can include ending the respondent's interest in the lease or recognising you as the tenant.
- QCAT orders: separate applications can be made to QCAT about the tenancy, the bond and tenancy database listings. QCAT can also make an urgent order ending a tenancy where a co-tenant has used violence against you.
This is where legal advice makes a real difference. The right order often depends on how the protection order application is worded from the start.
Protecting a family in their own rental home
A same-day temporary protection order when a co-tenant could let the father in
An Elysian Law matter. Names and identifying details are withheld to protect our client.
The Facts
Our client was a single mother of limited means, living in a Queensland rental with her two young daughters. She had separated from the girls' father, who had moved interstate.
The father's brother still lived at the property and was named on the lease. The parents had shared care under an informal arrangement without conflict, so there was no parenting plan or parenting order.
The Legal Issue
Without warning, the father arrived at the home at 5:00am demanding to take the children. Our client locked the doors and took the girls into bed with her while he swore and banged on the doors and windows.
Police attended. They told our client that the brother could lawfully let the father in because he was on the lease, and that the father could take the children because there was no parenting order.
Police did not issue a police protection notice. Yet under the Domestic and Family Violence Protection Act 2012 (Qld), domestic violence includes behaviour that is threatening or intimidating, or that makes a person fear for their safety.
How We Approached It
We acted the same day. We filed an urgent application for a protection order and asked for a temporary protection order, relying on the early-morning arrival, the swearing and the banging on doors and windows.
We asked for conditions that the father not approach or contact our client or the children. Importantly, we worded "approach" to cover the home as well as our client herself.
The Outcome
The court made a temporary protection order that day, naming our client and both children. Its no-approach and no-contact conditions covered our client, the children and the home.
The brother's rights as a tenant did not change, and he could still legally let the father in. But if the father entered, he would breach the order and face a possible criminal investigation and charge.
The order gave our client and her daughters immediate protection in their own home.
What This Means for You
- Leaving is not your only option. A well-drafted protection order can protect you where you live.
- Police will not always issue a police protection notice, but you can apply to the court yourself.
- A temporary protection order can be made on the same day.
- The wording of the conditions matters. Extending "approach" to the home is what made this order work.
If you are in a similar situation, get advice early so the application protects both you and your children.
Checklist for leaving a rental safely
- If you are in immediate danger, call 000.
- Get your evidence: a protection order, police protection notice or direction, or a Domestic and Family Violence Report.
- Complete Form 20 and give it to the property manager or owner with your evidence. Keep a copy.
- Take photos of the property, especially any damage caused by the violence. Note any police report numbers.
- If it is safe, take important documents, ID, medication and personal items with you.
- Use a phone number and email address that only you can access.
- Pay rent up to the end of the 7-day notice period.
- Lodge Form 4a with the RTA to get your bond back once your part of the tenancy ends.
- Think about whether you need a protection order, or changes to an existing one, to cover your new address, your children or your workplace.
Frequently asked questions
Can I break my lease because of domestic violence in Queensland?
Yes, you can end your part of the tenancy by giving your property manager or owner 7 days' notice on RTA Form 20, with evidence of the violence. You can move out straight away and you do not pay break lease fees.
Do I need a protection order to end my lease?
No. A Domestic and Family Violence Report signed by an authorised professional, such as a doctor, social worker or lawyer, is also accepted and is often the fastest option.
Do I have to pay rent after I move out?
You must pay rent until the end of the 7-day notice period, even if you leave sooner. You do not pay break lease fees, reletting costs or advertising costs.
Will the person using violence find out I have left?
The property manager cannot tell other tenants until at least 7 days after your part of the tenancy ends, and must tell you when they plan to do so. You also do not have to give anyone your new address.
Can my landlord refuse my notice?
They cannot dispute whether the violence happened. They can only apply to QCAT within 7 days to argue that your notice or evidence does not meet the legal requirements, and they must tell you if they plan to do this.
Do I have to pay for damage the other person caused?
No. You are not responsible for damage caused by an act of domestic and family violence, and the owner cannot claim your bond for it.
What if I rent a room in a rooming house?
Use Form R20 (Notice ending residency interest) instead of Form 20. The same 7-day process and protections apply.
Can I stay in the home instead of leaving?
Possibly. A court making a protection order can include an ouster condition that keeps the person using violence out of the home, even if they are on the lease, so get legal advice early.
How Elysian Law can help
We act for people across Queensland in domestic and family violence matters, from our offices in Brisbane and Noosa. Leaving a rental is often one part of a bigger picture that can include protection orders, police and arrangements for children.
We can:
- advise you on your options before you make any decisions;
- prepare or respond to protection order applications;
- seek ouster and tenancy-related conditions; and
- help you plan your next steps so each decision supports the others.
Elysian Law offers a free 30-minute consultation with a senior lawyer. Call us on (07) 3188 1799 or email reception@elysianlaw.com.au.
