New South Wales Consolidated Acts
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RESIDENTIAL TENANCIES ACT 2010 - SECT 54
Liability of tenant for actions of others
54 Liability of tenant for actions of others
(1) A tenant is vicariously responsible to the landlord for any act or
omission by any other person who is lawfully on the residential premises
(other than a person who has a right of entry without the tenant's consent)
that would have been a breach of the residential tenancy agreement if it had
been an act or omission by the tenant.
(1A) Subsection (1) does not apply to
a tenant who is the victim of a domestic violence offence, or an
exempted co-tenant, if the relevant act or omission constitutes or resulted in
damage to the residential premises and occurred during the commission of the
domestic violence offence.
(1B) In this section, an
"exempted co-tenant" means a tenant under the same
residential tenancy agreement as the tenant referred to subsection (1A) who 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.
(2) This section is a term of every
residential tenancy agreement.
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