Family Violence - Changing or ending your rental agreement.
Should the rental agreement be changed or ended if events of family violence occur?
You can appeal to VCAT if you are a victim of family violence and need to modify your lease so that you or your children can live safely. Even if your name is not on the rental agreement, you may still do this. If you are the parent or legal guardian of any children who reside with you and are victims of family violence, you may also submit an application on their behalf.
You can request a VCAT order directing the rental provider(the party who provides the rental property) to:
even if your name isn't on the present lease, the rental provider issues you a new lease in your name with no mention of the aggressor.
allows you to vacate the property prior to the conclusion of the rental term without being charged a penalty.
Some useful pieces of evidence for VCAT decisions.
VCAT may consider a variety of facts and evidence before deciding. You could offer records and other evidence, such as:
a family violence safety notice (issued by the police)
a family violence intervention order (issued by a court)
a personal safety intervention order (issued by a court)
bank statements
photographs, voice or video recordings
emails, texts or other messages
a letter, report or written statement from any of the following people:
family
friends
support workers
health professionals
police
leaders or employees of religious organisations
crisis accommodation providers
child protection staff from DHHS
your employer
a lawyer.
VCAT may also take verbal testimony into account.
VCAT will additionally consider the following factors while rendering a decision:
the danger to your personal safety or that of your children
whether the violent offender has been detained, charged, or released on bond.
Your application must be heard by VCAT within 3 business days or as soon as possible after the expiration of those 3 days.