Tenant has to leave because of domestic violence

I have a tenant who is still under contract who has had to break her lease

The agent has said "She has had to place an AVO out against her ex partner and with new domestic violence laws that have come in to place regarding this she is able to vacate when she needs to. She has told me that she will be vacated by the 13th of August but I do believe that she still needs to pay the break lease fee"

Can anyone confirm this, or what the circumstances are?

Would I be able to claim anything with my EBM landlord insurance?

 

RESIDENTIAL TENANCIES ACT 2010 - SECT 105C Domestic violence termination notice

 

Why would the tenant have to pay a break lease fee? Are they breaching terms of the lease in some way?

 

What state is the property in?

 

Hasn't inspected yet is my guess but refer to the NSW legislation as per @Terry_w link

 

I suspect @D.T. means which state or territory not the condition of the property

 

Yup - each state has different Tenancy Act and rules on what constitutes a break lease. Here in SA i'd call it a break lease assuming she was sole tenant.

Tenant can apply to tribunal under hardship grounds to have break lease costs waived, in which case LL insurance might assist further.

 

NSW - provide a copy of the AVO and you can break the lease without penalty
Get accepted into social housing, same thing.

 

I guess she doesnt have to pay the break lease fee.
Shes happy to pay rent until I find a new tenant so that works out okay.
However, I fear she may pull out if the property is vacant for too long.

In this case Iv contacted EBM and they can cover me for up to 6 weeks loss of rent or until I find a new tenant.

 

If both the victim and the offender rent a property together, who can break lease under this ACT - both or only the victim?

 

You would have to look at the relevant ACT legislation

 

I'm not disputing any individuals right to claim domestic violence, but...

If the tenant was leased a property (satisfying the PM & owners requirements) and later ends up living there with a partner (that wasn't added to the lease) who then turns violent/intimidating and the tenant gets an AVO why would the tenant need to break the lease ?

The tenant had previously proved they could afford the property and the offender has no residency rights to the lease (I can understand if this was a longer term lease and circumstances had changed, like additional children to support).

@menty has the PM been provided with proof of domestic violence (seen the avo)?
If so yes then they can pretty much up and leave.
There isn't enough details (nor do we really want to know) about the issue to help much other than to provide links to your state guidelines.

It's always a good idea to ensure any adult residing at a rental be added to the lease.

 

Why? I wouldn't necessarily agree with this.

 

I would have thought the answer was obvious

 

Roughly 1 woman is murdered in Australia every week. A significant proportion are domestic violence related. An AVO is not a forcefield.

 

I would think the tenant would want to move so their violent ex partner (or whoever the person is) no longer knows where they live.