NSWIn ForceAct
Residential Tenancies Act 2010
105BRight of early termination
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#### 105B Right of early termination
105B Right of early termination
> > (1) A tenant may give a termination notice to the landlord and each co-tenant, if any, for a residential tenancy agreement if the tenant or a dependent child of the tenant is in circumstances of domestic violence.
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> > (2) A person is in circumstances of domestic violence if the person—
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> > > (a) has been the victim of a domestic violence offence while a tenant of, or a dependent child of a tenant of, the residential premises and a relevant domestic violence offender has been found guilty of that offence, or
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> > > (b) is the person for whose protection a DVO has been made against a relevant domestic violence offender and the DVO is in force, or
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> > > (c) is the person for whose protection an injunction under section 68B or 114 of the [Family Law Act 1975](http://www.legislation.gov.au/) of the Commonwealth has been granted on the basis of evidence of family violence in proceedings against a relevant domestic violence offender and the injunction is in force, or
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> > > (d) has been declared by a competent person to be a victim of domestic violence perpetrated by the relevant domestic violence offender during the currency of the residential tenancy agreement.
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> > (3) A declaration made by a competent person under subsection (2)(d) must be in the form prescribed by the regulations.
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> **s 105B:** Ins 2018 No 58, Sch 1 \[33\]. Am 2019 No 23, Sch 1.10\[10\] \[11\].