Your home should feel safe. If domestic abuse is affecting you or your child, NSW tenancy laws provide several protections and options—whether you want to remain in your home, leave the property or simply understand what support is available before making any decisions.
The laws changed on 21 September 2026, so we have put together the key things tenants should know.
What does domestic abuse mean?
The legislation now uses the term domestic abuse rather than only referring to domestic violence. This recognises that abuse is not always physical.
Domestic abuse may include coercive or controlling behaviour, financial abuse, emotional or psychological abuse, intimidation, harassment, monitoring or tracking, damage to property, or other behaviour that causes someone to fear for their safety or wellbeing.
The tenancy protections can also apply where a tenant’s dependent child is experiencing domestic abuse.
You have options
Learning about these protections does not mean that you have to end your tenancy, and you do not need to decide what you want to do straight away.
Depending on your circumstances, your options may include remaining in the property, asking for changes to locks or security devices, applying to have a perpetrator’s tenancy ended, or ending your own tenancy when you are ready to do so.
Independent support and tenancy advice can help you understand which options may be available and decide what feels right for your circumstances.
If you decide to end your tenancy
If you decide to move out, you can end your part of the tenancy by giving your landlord or managing agent a Domestic Violence Termination Notice together with one approved form of supporting evidence.
There is no minimum notice period. The termination date can be the same day the notice is given or a later date chosen by you, and you cannot be charged a break fee or another penalty for ending your tenancy in these circumstances.
You do not have to notify your co-tenants yourself. After your tenancy ends, the landlord or agent is responsible for notifying each remaining co-tenant individually using the approved NSW Fair Trading form.
Your termination notice and supporting evidence are confidential. They must not be given to the remaining tenants or the alleged perpetrator and must be stored securely.
What happens to the remaining tenants?
If other tenants remain at the property, their tenancy does not automatically end when you leave.
For the first two weeks after your tenancy ends, remaining co-tenants who are not identified as the alleged perpetrator only have to pay their own share of the rent. This gives them some time to consider their next steps, such as finding another co-tenant or applying to NCAT for an order ending the tenancy.
The landlord or agent must tell each remaining tenant how much rent is payable during this period.
Protection from the cost of damage
A tenant who is not the perpetrator is not responsible for the cost of repairing damage caused by domestic abuse.
This protection can apply whether the damage was caused by a co-tenant, occupant, guest or another person. If there is a disagreement about whether particular damage was connected with domestic abuse, NCAT can consider the available evidence and decide who is responsible.
Privacy when a property is being advertised
The reforms also provide additional privacy protections when photographs or videos are taken for a rental or sales campaign.
Before photographs or videos are taken for publication, the landlord or agent must provide at least seven days’ notice and give the tenant a reasonable opportunity to move, cover or remove personal belongings.
If the images show the belongings of a tenant or their dependent child, copies must be provided to the tenant and written consent must be obtained before the images are published.
In circumstances involving domestic abuse, a tenant may be able to refuse consent where publishing the images could reveal their location or place them or their child at risk.
What happens to a departing tenant’s bond share?
Where one tenant leaves and others remain, the departing tenant can ask the remaining co-tenants to repay their share of the bond. The remaining tenants generally have 14 days to make that payment and may deduct unpaid rent or other reasonable costs.
A deduction cannot be made for damage caused by domestic abuse where the departing tenant was not the perpetrator.
If asking the other tenants is unsafe or there is a disagreement, the departing tenant can apply to NCAT for an order about the division of the bond. Time limits apply, so it is worth obtaining tenancy advice promptly.
New residential tenancy agreements signed from 21 September 2026 will also record each co-tenant’s original bond contribution, helping to make each person’s share clearer from the beginning.
Information and support
You do not have to work through the options alone. Information, counselling and tenancy advice are available through:
- 1800RESPECT: 1800 737 732—national counselling and support for anyone affected by domestic, family or sexual violence.
- NSW Domestic Violence Line: 1800 656 463—24-hour support for women in NSW.
- MensLine Australia: 1300 789 978—support for men experiencing relationship or family difficulties.
- NSW Fair Trading: 13 32 20—information about tenancy rights and processes.
For full details about the tenancy protections and the documentation that may be required, visit the NSW Government guide to tenant protections for domestic violence and abuse.
How we can help
If you rent through Rightside and need help understanding the tenancy process, you can contact us. You do not need to have decided what you want to do, and you only need to provide the information required for us to assist you.
We will explain the available tenancy options, let you know what documentation may be needed and handle any information you provide carefully and confidentially.