Background: Domestic Violence and Residential Leases
In South Australia, the law recognises that victims of domestic and family violence may need to leave unsafe living arrangements quickly or take steps to protect themselves while remaining in the property.
If you are not safe in your own home, there are steps that you can take to ensure your safety.
What is Domestic Violence?
Domestic Violence is not only limited to sexual or physical abuse. It can happen to anyone, in any socioeconomic, culturally diverse, or linguistically diverse background.
Domestic or Family Violence can include:
- Emotional or psychological abuse;
- Social isolation or controlling behaviour;
- Physical abuse;
- Sexual abuse;
- Financial abuse;
- Spiritual or cultural abuse; and
- Damage to property or threats involving pets or belongings.
These behaviours can occur between spouses, former partners, family members, or people living in the same household.
Can Tenants Change Locks Due to Domestic Violence?
In some situations, tenants experiencing domestic violence may change the locks at a rental property to ensure their safety.
If you have an intervention order or non-local domestic violence order, you may be entitled to change the locks on your rental property without obtaining permission from your landlord.
In these circumstances you must be able to provide the landlord or property manager with the following:
- The required supporting evidence; and
- A copy of the new key.
If you do not have an intervention order in place you generally will need to seek landlord approval.
If you believe approval is being unreasonably withheld by the landlord, you can apply to the South Australian Civil and Administrative Tribunal (SACAT) for orders permitting the lock change.
Can Leases Be Ended Early Due to Domestic Violence?
If you are not safe in your home because of domestic or family violence you may be able to terminate your tenancy early.
In South Australia, a tenant experiencing domestic or family violence may be able to terminate a residential tenancy agreement without the usual financial penalties associated with breaking a lease.
Under Section 85D of the Residential Tenancies Act 1995 (SA) governs when a Residential Lease can be exited if a tenant under a residential tenancy is experiencing domestic abuse. A tenant will generally need to provide prescribed evidence to support the termination.
Obtaining legal advice can assist in ensuring the correct steps are taken to terminate the tenancy in accordance with the legislation.
How Wadlow Solicitors can Help
Get in touch with the team at Wadlow Solicitors if you require advice regarding your residential tenancy rights or assistance in terminating your lease early due to domestic violence.
For more information on your rights as a tenant, particularly on the SA rental reforms which came into effect on 1 July 2024, see our other article: Rent Increase Caps: Can Your Landlord Raise the Price Twice?
For over 45 years, Wadlow Solicitors has helped individuals and companies overcome adversity. We provide comprehensive legal services in Adelaide's CBD, cultivating dedicated and lasting client relationships. Contact Wadlow Solicitors or call (08) 8212 2955 to schedule an appointment.
