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Repairs after damage due to family violence
If the property you rent is damaged because you experienced family violence, you may still be responsible for fixing the damage, even if you didn’t cause it. If your name is on the rental agreement, you are legally responsible for damage that a renter or a visitor causes.
If the issue of the damage arises when you or the rental provider apply to VCAT for repayment of bond, VCAT may order that you are not liable for any repairs or damage due to family violence. VCAT may decide that the renter who committed the act of violence should be responsible for the loss and damage.
If you apply to VCAT to end your existing rental agreement (lease) and start a new one that does not include the person who was being violent, VCAT may decide who should pay for the repairs.
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If you are in immediate danger, contact Victoria Police on 000.
There are other services available if someone is being violent towards you.
If you’re experiencing family violence and need help with renting, contact us.
You can call us on 1300 55 81 81 (9 am to 5 pm, Monday to Friday).
Calling us costs the same as a local call. Additional charges may apply if you are calling from overseas, on a mobile or payphone. You can also contact us through our online enquiry form.
Your information will stay confidential.
We may refer you to a community agency for help with a renting issue, through our Tenancy Assistance and Advocacy Program. We will ask you for permission first.
Information for property managers
If you are a rental provider, rooming house operator or property manager, read:
Sections of the Act
If you want to know what the law says about repairs due to family violence, you can read these sections of the Residential Tenancies Act 1997:
- Section 91X – Tribunal may determine parties' liability under terminated residential rental agreement
- Section 420A – Order by Tribunal if renter victim of family violence or personal violence
- Section 420B – Order by Tribunal in circumstances of family violence or personal violence.