never break lease!
Jul 14th 2008, 6:59 am
#16
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Joined: Jul 2005
Location: was South Yorks ... now Sunshine Coast!
Posts: 238
Re: never break lease!
Within reason. Terms of severance have to be realistic and both parties have to have shown intent and practice during the seperation. It's far from an automatic "tenant breaks 12 month lease after 3 month = they owe you 9 months rent", If they provide you with a full months notice, advertise themselves and help provide viable leads to the management company then you will find that the tribunal will find the tenant only be liable for a month or so additional rent at max and you would not be able to keep their security deposit unless they have caused damage to the property.
Even then, I have heard horror stories from Landlord we know in Victoria who have been screwed by tenants who have all but demolished their property and have got back squat in return even after court. Getting "due" rent for prematurly ending a lease is low on the scale of what these tribunals deal with.
Remember contracts are a paper agreement that defines a practice and regardless of what was agreed on paper if the practice differs or is deemed unjust by a court/tribunal then the lease will have less input into preceedings or at worst be dismissed, as we have heard happen.
Al
Even then, I have heard horror stories from Landlord we know in Victoria who have been screwed by tenants who have all but demolished their property and have got back squat in return even after court. Getting "due" rent for prematurly ending a lease is low on the scale of what these tribunals deal with.
Remember contracts are a paper agreement that defines a practice and regardless of what was agreed on paper if the practice differs or is deemed unjust by a court/tribunal then the lease will have less input into preceedings or at worst be dismissed, as we have heard happen.
Al
We are in a similar situation in that we are breaking our 6 month lease on a house in Buderim (Mountain Creek School Zone if anyone's interested).
The Agent says we have to keep paying the rent, but I read somewhere on the internet that you should stop paying the rent as soon as you leave, and what you are liable for gets worked out either when new tenants move in or when the fixed term comes to and end (whichever comes first).
Does anyone know what the true situation is please?
Thanks
Jul 14th 2008, 7:02 am
#17
Oiiii.. You slaggg!
Joined: Feb 2004
Location: Brisbaneshire
Posts: 5,209
Re: never break lease!
Hi all
We are in a similar situation in that we are breaking our 6 month lease on a house in Buderim (Mountain Creek School Zone if anyone's interested).
The Agent says we have to keep paying the rent, but I read somewhere on the internet that you should stop paying the rent as soon as you leave, and what you are liable for gets worked out either when new tenants move in or when the fixed term comes to and end (whichever comes first).
Does anyone know what the true situation is please?
Thanks
We are in a similar situation in that we are breaking our 6 month lease on a house in Buderim (Mountain Creek School Zone if anyone's interested).
The Agent says we have to keep paying the rent, but I read somewhere on the internet that you should stop paying the rent as soon as you leave, and what you are liable for gets worked out either when new tenants move in or when the fixed term comes to and end (whichever comes first).
Does anyone know what the true situation is please?
Thanks
We left our rental two months early and though we were lucky to find new occupiers the bottom line was that we were liable for the payments until either (a) the contract expired or (b) new tenants were found.
Our contract was based upon a standard QLD tenancy agreement (i.e. a template).
Jul 14th 2008, 7:59 am
#18
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Joined: Jul 2005
Location: was South Yorks ... now Sunshine Coast!
Posts: 238
Re: never break lease!
The best reference point for you would be your contract.
We left our rental two months early and though we were lucky to find new occupiers the bottom line was that we were liable for the payments until either (a) the contract expired or (b) new tenants were found.
Our contract was based upon a standard QLD tenancy agreement (i.e. a template).
We left our rental two months early and though we were lucky to find new occupiers the bottom line was that we were liable for the payments until either (a) the contract expired or (b) new tenants were found.
Our contract was based upon a standard QLD tenancy agreement (i.e. a template).
We're leaving 2 months early too. On the Tenants Union of Victoria website it states that you should not pay rent after you vacate, but may be liable once the Landlord submits his claim for lost rent, advertising, re-letting fee at the end of the fixed term or when new tenants are found (whichever comes sooner). It also says you may also only be liable for a proportion of the re-letting fee (e.g. 2/6ths as the Landlord would have to pay a re-letting fee at the end of the term anyway).
I found a Queensland Tenants Union website but it isn't so specific so I'll ring them tomorrow when they're open.
It may be putting off the inevitable (keep paying now or pay later), but maybe a new tenant might be found more acceptable if regular rent is not coming in from us?
At the end of the day, we will of course pay whatever we must pay, whenever we have to pay it, but it's nice to know where we stand.
Thanks again,
Chrissy
Jul 14th 2008, 8:24 am
#19
No Clean Feed
Joined: Sep 2004
Location: Hampton, Victoria
Posts: 1,381
Re: never break lease!
We are in a similar situation in that we are breaking our 6 month lease on a house in Buderim (Mountain Creek School Zone if anyone's interested).
The Agent says we have to keep paying the rent, but I read somewhere on the internet that you should stop paying the rent as soon as you leave, and what you are liable for gets worked out either when new tenants move in or when the fixed term comes to and end (whichever comes first).
Does anyone know what the true situation is please?
The Agent says we have to keep paying the rent, but I read somewhere on the internet that you should stop paying the rent as soon as you leave, and what you are liable for gets worked out either when new tenants move in or when the fixed term comes to and end (whichever comes first).
Does anyone know what the true situation is please?
Jul 14th 2008, 8:40 am
#20
BE Enthusiast
Joined: Jun 2007
Location: where else but Queensland
Posts: 474
Re: never break lease!
Hi all
We are in a similar situation in that we are breaking our 6 month lease on a house in Buderim (Mountain Creek School Zone if anyone's interested).
The Agent says we have to keep paying the rent, but I read somewhere on the internet that you should stop paying the rent as soon as you leave, and what you are liable for gets worked out either when new tenants move in or when the fixed term comes to and end (whichever comes first).
Does anyone know what the true situation is please?
Thanks
We are in a similar situation in that we are breaking our 6 month lease on a house in Buderim (Mountain Creek School Zone if anyone's interested).
The Agent says we have to keep paying the rent, but I read somewhere on the internet that you should stop paying the rent as soon as you leave, and what you are liable for gets worked out either when new tenants move in or when the fixed term comes to and end (whichever comes first).
Does anyone know what the true situation is please?
Thanks
My advice would be to make sure your agent has as many Open for Inspections as you can put up with (we expect our tenants to run these if they are breaking their lease - we just advertise them) and keep posting on here asking if anyone is interested in taking over your lease and generally try and create as much intrest as possible.
If you want confirmation of your rights you can call the RTA who will advise you of your rights and obligations. www.rta.qld.gov.au 1300 366 311
Jul 14th 2008, 10:58 am
#21
Joined: Dec 2003
Posts: 7,834
Re: never break lease!
Within reason. Terms of severance have to be realistic and both parties have to have shown intent and practice during the seperation. It's far from an automatic "tenant breaks 12 month lease after 3 month = they owe you 9 months rent", If they provide you with a full months notice, advertise themselves and help provide viable leads to the management company then you will find that the tribunal will find the tenant only be liable for a month or so additional rent at max and you would not be able to keep their security deposit unless they have caused damage to the property.
However at the end of the day...if you sign up for 12 mnths then u are lieable for it....tough shit if your circumstances change
However at the end of the day...if you sign up for 12 mnths then u are lieable for it....tough shit if your circumstances change
Jul 14th 2008, 11:00 am
#22
Joined: Dec 2003
Posts: 7,834
Re: never break lease!
Hi all
We are in a similar situation in that we are breaking our 6 month lease on a house in Buderim (Mountain Creek School Zone if anyone's interested).
The Agent says we have to keep paying the rent, but I read somewhere on the internet that you should stop paying the rent as soon as you leave, and what you are liable for gets worked out either when new tenants move in or when the fixed term comes to and end (whichever comes first).
Does anyone know what the true situation is please?
Thanks
We are in a similar situation in that we are breaking our 6 month lease on a house in Buderim (Mountain Creek School Zone if anyone's interested).
The Agent says we have to keep paying the rent, but I read somewhere on the internet that you should stop paying the rent as soon as you leave, and what you are liable for gets worked out either when new tenants move in or when the fixed term comes to and end (whichever comes first).
Does anyone know what the true situation is please?
Thanks
Jul 14th 2008, 11:02 am
#23
Joined: Dec 2003
Posts: 7,834
Re: never break lease!
As a Property Manager (aka Real Estate agent/low life scum) I can tell you that in Queensland you are responsible for the rent up until a new tenant is found or the lease expires, you should keep paying until the new tenant is found but it can come out of your bond. If there is insufficient bond you will probably be taken to the small claims court for the balance.You may also be liable for other costs which your agency should tell you about (i.e advertising, 1 weeks rent as let fee which is usually charged to the owner but you would be reponsible for as you broke the lease).
My advice would be to make sure your agent has as many Open for Inspections as you can put up with (we expect our tenants to run these if they are breaking their lease - we just advertise them) and keep posting on here asking if anyone is interested in taking over your lease and generally try and create as much intrest as possible.
If you want confirmation of your rights you can call the RTA who will advise you of your rights and obligations. www.rta.qld.gov.au 1300 366 311
My advice would be to make sure your agent has as many Open for Inspections as you can put up with (we expect our tenants to run these if they are breaking their lease - we just advertise them) and keep posting on here asking if anyone is interested in taking over your lease and generally try and create as much intrest as possible.
If you want confirmation of your rights you can call the RTA who will advise you of your rights and obligations. www.rta.qld.gov.au 1300 366 311
Jul 14th 2008, 12:00 pm
#24
Anything,Anytime,Anywhere
Joined: Jan 2004
Location: The Magic Roundabout
Posts: 8,141
Re: never break lease!
Why did i think real estate agents over here were anymore trustworthy than in the uk? we have broken lease to buy a house, and was assured by the agent that rentals are impossible to come by, so we'll have no probs re letting.
doh! one week until we move and we still haven't found anybody. it's in the newspapers, internet etc. We have since heard that due to the huge amount of houses not sold, that they have now flooded the rental market with them. Is anyone else struggling to re let?
I am now not sleeping at the thought of paying a huge new mortgage, plus the rent until someone takes over our lease.
never believe what the agents say!!!!!!!!!!!!!!!!
doh! one week until we move and we still haven't found anybody. it's in the newspapers, internet etc. We have since heard that due to the huge amount of houses not sold, that they have now flooded the rental market with them. Is anyone else struggling to re let?
I am now not sleeping at the thought of paying a huge new mortgage, plus the rent until someone takes over our lease.
never believe what the agents say!!!!!!!!!!!!!!!!
www.tenantsact.org.au/Advice/ending.html
Jul 14th 2008, 12:14 pm
#25
No Clean Feed
Joined: Sep 2004
Location: Hampton, Victoria
Posts: 1,381
Re: never break lease!
I'm a landlord and a tenant, so I am able to look at this from both sides. I have never broken a lease or had someone break one (although I have had a lot of crap on occasion), but I understand that peoples circumstances change. That's just life (or as you say "tough shit") and everyone needs to be able to try and accomodate the monkey excrement that life throws.
As suggested to the OP, contact your states Tenant Union who will advise you on your specific circumstances.
Al
Last edited by bigAPE; Jul 14th 2008 at 12:17 pm.
Jul 14th 2008, 1:18 pm
#26
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Location: Leschenault WA (after few locations around WA and Around Europe!)
Posts: 1,151
Re: never break lease!
A lot to do with price vs house etc. I'm in Banksia Grove and broke my lease in less than 2 days last week, many commented that $50 less a week for 2 min longer drive.... had plenty of people through and 7 applications went in... so guess trying to say depends on price, most people are trying to save on everything as much as they can give rising fuel, food etc prices. Not knowing anything about ur house and price, just saying that I was told market is quiet and to find it hard to break a lease so just the opposite than u were told. Agents....
Jul 14th 2008, 2:20 pm
#27
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Re: never break lease!
It might be a good idea to read these www.rentlease.com.au/breaking-rental-lease/
www.tenantsact.org.au/Advice/ending.html
www.tenantsact.org.au/Advice/ending.html
Jul 14th 2008, 2:25 pm
#28
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Location: loving the ozzie life in perth - except for the snakes
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Re: never break lease!
A lot to do with price vs house etc. I'm in Banksia Grove and broke my lease in less than 2 days last week, many commented that $50 less a week for 2 min longer drive.... had plenty of people through and 7 applications went in... so guess trying to say depends on price, most people are trying to save on everything as much as they can give rising fuel, food etc prices. Not knowing anything about ur house and price, just saying that I was told market is quiet and to find it hard to break a lease so just the opposite than u were told. Agents....
Jul 16th 2008, 1:50 pm
#29
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Posts: 3,991
Re: never break lease!
hi - Im breaking my lease too so if anyone wants a 4 x 2 in Treendale, Australind please give me a yell 
Jul 16th 2008, 7:04 pm
#30
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