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Residential Tenancies Act 1997
46GCo-tenancies—effect of serving family violence
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46G Co-tenancies—effect of serving family violence
termination notice
(1) This section applies if a co-tenant stops being a party to a residential
tenancy agreement in accordance with section 46D.
(2) On the vacating day stated in the family violence termination
notice—
(a) the co-tenant stops being a party to the agreement; and
(b) the co-tenant’s rights and obligations under the agreement end.
(3) The residential tenancy agreement continues in force between the
lessor and the remaining co-tenants on the same terms that existed on
the vacating day (the continuing agreement).
(4) Any of the remaining co-tenants may terminate the continuing
agreement for all remaining co-tenants by giving the lessor a notice
of intention to vacate—
(a) at least 3 weeks before the day they intend to vacate the
(b) if the agreement is a fixed term agreement—not later than 4
weeks after the day the notice of continuing tenancy is given to
the co-tenants.
(5) The break lease fee clause does not apply if a fixed term agreement is