Domestic Violence

Recently I have dealt with a tenant giving notice to break their lease. Originally the tenant was breaking the lease due to not being able to work due to poor health, and a medical certificate was provided.
The tenant 5 days prior to handing keys back decides to claim it was due to domestic violence after having spoken with a company that help women in circumstances like this. The tenant has sent through an interim AVO and court is set for this month. The tenant has released the bond to us from the break lease and damages done to the property that didn’t have anything to do with the DVO. For the tenant to get the bond back, they need to apply for tribunal and provide all their evidence. The AVO was prior to the lease being signed, surely there needs to be something for our LL’s, apart from LL insurance, where do our owners stand?

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This will depend on what location you are in as the laws differ from state to state. This can be really tricky but I think it’s important to remember not to be the judge and jury on these matters.You certainly don’t want the tenant assaulted at the property and in someway attributed to your agency or owner if you don’t do things by the book. I always err on the side of caution and treat each claim of DVO like it is true and valid. I don’t want to assume it’s not and have it blow up.
It can be the owners decision if they believe her or not,or if they want to take it further. And if they want to take it further then you act on their instructions and challenge the validity of the AVO etc.
That being said, I do think there are some people that are using the new laws (in QLD anyway) not in the manner in which they were meant to be used.

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