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Anyone tried to get out of a rental agreement early???

Anyone tried to get out of a rental agreement early???

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Old May 4th 2005, 2:19 pm
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Question Anyone tried to get out of a rental agreement early???

Hi,

When we took on our rental house (2 1/2 months ago) we signed for a year as we wanted to suss the area out and help the children feel settled. However I've seen a great house, at a great price (to buy) and we were wondering if it's possible to wangle out of the lease after say 6 months or are we tied now without question??

Cheers,

Phil x
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Old May 4th 2005, 2:22 pm
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Default Re: Anyone tried to get out of a rental agreement early???

hi philian4. we broke our lease early and it is a bit of a headache but not impossible. you will be asked to undertake all advertisments and pay for them and really try to find a new tenent. if you don't succeed with this, we didn't, you lose your rental bond. if you are buying and not intending to rent anymore this may be an easy, if expensive, solution.
louise
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Old May 4th 2005, 2:25 pm
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Smile Re: Anyone tried to get out of a rental agreement early???

Originally Posted by louise4
hi philian4. we broke our lease early and it is a bit of a headache but not impossible. you will be asked to undertake all advertisments and pay for them and really try to find a new tenent. if you don't succeed with this, we didn't, you lose your rental bond. if you are buying and not intending to rent anymore this may be an easy, if expensive, solution.
louise

Thanks Louise,

Did they try and sting you for the rent for the remaining period? How costly is the advertising?

Phil x
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Old May 4th 2005, 2:34 pm
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Default Re: Anyone tried to get out of a rental agreement early???

No, no sting, basically we had it a bit easier because we were returning to uk, but i think because we tried really hard to find new tenents and didn't even mention a return from our bond money they were wuite happy. the advertising depends on where you place your ad. if it a local paper then it is not so bad and they go by the letter so make sure you have it all abbreviated (maybe i abbreviated too much and no one understood a word that i said) the big papers can be costly but then they give you more exposure.
best of luck anyway. make the move and get you and your family happy, no matter what the hassle.
louise
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Old May 4th 2005, 3:04 pm
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Smile Re: Anyone tried to get out of a rental agreement early???

Originally Posted by louise4
No, no sting, basically we had it a bit easier because we were returning to uk, but i think because we tried really hard to find new tenents and didn't even mention a return from our bond money they were wuite happy. the advertising depends on where you place your ad. if it a local paper then it is not so bad and they go by the letter so make sure you have it all abbreviated (maybe i abbreviated too much and no one understood a word that i said) the big papers can be costly but then they give you more exposure.
best of luck anyway. make the move and get you and your family happy, no matter what the hassle.
louise
thanks for your help!
I will call into the agents in the morning and get myself a sandwich board made for each family member to wear!! I was worried they would want the years rent AND other costs and bond so at least all is not lost! Just didn't think I would be hankering for a place of our own so soon.

Thanks again,

Phil x
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Old May 4th 2005, 11:10 pm
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Default Re: Anyone tried to get out of a rental agreement early???

Hi Philian

We have just broke our rental agreement and moved into a place of our own.

We had to pay a breaking fee of 1 weeks rent plus GST and re advertise the unit ourself and basically fined the new tennant. We advertised in the courier mail (Brisbane) which cost $33 for the weekend.

It wasnt to difficult and got a new tennant in a couple of weeks and then got our bond refunded once the new tennant was signed up to the property.

TT

Originally Posted by philian4
Hi,

When we took on our rental house (2 1/2 months ago) we signed for a year as we wanted to suss the area out and help the children feel settled. However I've seen a great house, at a great price (to buy) and we were wondering if it's possible to wangle out of the lease after say 6 months or are we tied now without question??

Cheers,

Phil x
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Old May 4th 2005, 11:14 pm
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Smile Re: Anyone tried to get out of a rental agreement early???

Originally Posted by TrickyTree
Hi Philian

We have just broke our rental agreement and moved into a place of our own.

We had to pay a breaking fee of 1 weeks rent plus GST and re advertise the unit ourself and basically fined the new tennant. We advertised in the courier mail (Brisbane) which cost $33 for the weekend.

It wasnt to difficult and got a new tennant in a couple of weeks and then got our bond refunded once the new tennant was signed up to the property.

TT
Even better news!!! I am feeling a lot more confident about it all now! the place we think we want to buy is one of those 'with potential' places so we're not going to have a lot of money to splash around on rent/advertising/losing bonds so fingers crossed we'll be ok wiht our landlord.

Off to do a second viewing than will talk to the agent maybe Monday.

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Old May 5th 2005, 12:36 am
  #8  
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Default Re: Anyone tried to get out of a rental agreement early???

Some info on this from: NSW Office of Far Trading

Breaking an agreement early
If a tenant wants to end their agreement early they should give as much notice as possible, preferably in writing (keep a copy of the letter). It is a good idea to state the exact date you intend to leave and that you want the landlord (or agent) to find a new tenant. Any assistance in finding a replacement tenant (such as making the property readily available for inspection) may help to reduce the costs involved.

Having said this, breaking an agreement can be costly
A landlord can claim compensation for any loss they suffer as a result of a tenant ending the agreement early. The costs a tenant could be liable for include:
  • rent until new tenants move in or the existing agreement runs out (whichever happens first);
  • a reletting fee (usually one weeks rent) when the property is let by an agent who charges the landlord a fee for finding new tenants; and
  • advertising costs
For a landlord to successfully claim, they must be able to show that their loss was caused by the tenant breaking the agreement early, not by other factors.
For example, if a tenant breaks the agreement just prior to the expiry date, the full amount of reletting and advertising charges may not be able to be passed on since the landlord would have incurred these expenses shortly anyway.
The landlord also has a duty to keep their loss to a minimum. This means that the landlord must make a reasonable effort to find a new tenant, otherwise any claim they later make may be reduced by the Consumer, Trader and Tenancy Tribunal.
It could depend on how good your landlord is, and how many prospective Tenants are wanting properties.
 
Old May 5th 2005, 2:27 am
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Smile Re: Anyone tried to get out of a rental agreement early???

Originally Posted by ABCDiamond
Some info on this from: NSW Office of Far Trading



It could depend on how good your landlord is, and how many prospective Tenants are wanting properties.

Thanks!
I rang the OFT up and they said it really is down to the agent/landlord but generally should be ok as we intend to offer around 3 months notice.

Had a quiet word with the agent selling the property we are interested in who knows our rental agent well-said she's a fair old bird(!) who would probably be helpful in negotiating with the landlord. We're on a desirable estate and theyare few 4 beds to let at the mo so fingers crossed (fingers crossed we get the bloody house or I've been worrying over nothing!) :scared:
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Old May 5th 2005, 6:08 am
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Default Re: Anyone tried to get out of a rental agreement early???

If you find it rather difficult, have a look at houses for sale where the people want to stay on a while.
We did it that way and July we kick her out and we move in.

Jenny
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