never break lease!

Old Jul 14th 2008, 7:59 am
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Default Re: never break lease!

Originally Posted by bigAPE View Post
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
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
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Old Jul 14th 2008, 8:02 am
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Default Re: never break lease!

Originally Posted by Boogie65 View Post
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
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).
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Old Jul 14th 2008, 8:59 am
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Default Re: never break lease!

Originally Posted by DunRoaminTheUK View Post
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).
Thanks for the reply Dunroamin.

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
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Old Jul 14th 2008, 9:24 am
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Default Re: never break lease!

Originally Posted by Boogie65 View Post
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?
Contact Tenants Union of Victoria (www.tuv.org.au | (03) 9416 2477 ). They also have an office in Fitzroy at 55 Johnston Street. Ask for their advice and they will set you straight
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Old Jul 14th 2008, 9:40 am
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Default Re: never break lease!

Originally Posted by Boogie65 View Post
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
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
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Old Jul 14th 2008, 11:58 am
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Default 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
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Old Jul 14th 2008, 12:00 pm
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Default Re: never break lease!

Originally Posted by Boogie65 View Post
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
ypu pay rent until someone takes over YOUR lease..........thats the way it should be
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Old Jul 14th 2008, 12:02 pm
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Default Re: never break lease!

Originally Posted by gillysm View Post
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
and so u shouls be liable for the rent...if a person signs a contract for 12 months then 12 months it should be ...unless it can be relet at no wxpense to the landlord
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Old Jul 14th 2008, 1:00 pm
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Default Re: never break lease!

Originally Posted by townies5 View Post
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!!!!!!!!!!!!!!!!
It might be a good idea to read these www.rentlease.com.au/breaking-rental-lease/
www.tenantsact.org.au/Advice/ending.html
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Old Jul 14th 2008, 1:14 pm
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Default Re: never break lease!

Originally Posted by biggy View Post
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
Unfortunately the contract terms and penatlies (as with all contracts) have to be "reasonable" or they will not stand up in court. The VCAT decisions we have heard of often support this. In most cases it's not black and white at all, if it were the then Tribunals would not be required. Inferring that it is as cut and dried as you say, is not offering sound advice.

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 1:17 pm.
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Old Jul 14th 2008, 2:18 pm
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Default 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....
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Old Jul 14th 2008, 3:20 pm
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Default Re: never break lease!

Originally Posted by The Bloke View Post
thanks for that. i will have a look!
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Old Jul 14th 2008, 3:25 pm
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Default Re: never break lease!

Originally Posted by teza View Post
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....
Hi, we're only down the road in Tapping. I wouldn't say ours was over priced, i think our real estate bloke is being very particular in his vetting. Before anyone jumps down my throat - i know landlords have the right to have their properties taken care of, but he described all viewers from our last home open as being 'ferral and looked like they had escaped from a prison bus'. i think my problem lies there somehow.
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Old Jul 16th 2008, 2:50 pm
  #29  
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Default 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
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Old Jul 16th 2008, 8:04 pm
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Default Re: never break lease!

Originally Posted by daunted View Post
hi - Im breaking my lease too so if anyone wants a 4 x 2 in Treendale, Australind please give me a yell
You buying? That's great if so
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