Limit on liability of tenant for actions of other tenants occurring during domestic violence offences
(1) A tenant (the exempted tenant) is not responsible to the landlord for any act or omission by a co-tenant that is a breach of the residential tenancy agreement if— (a) the act or omission— (i) constitutes or resulted in damage to the residential premises, and (ii) occurred during the commission of a domestic violence offence, and (b) the exempted tenant is— (i) the victim of the domestic violence offence, or (ii) an exempted co-tenant. (2) In this section— exempted co-tenant means a person who— (a) is a tenant under the same residential tenancy agreement as the tenant who is the victim of the domestic violence offence, and (b) is not a relevant domestic violence offender (within the meaning of Division 3A of Part 5) nominated in a document referred to in section 105C(2) and annexed to a domestic violence termination notice (within the meaning of section 105A) for the residential tenancy agreement. (3) This section is a term of every residential tenancy agreement.
Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.
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