There’s no hiding from the fact that breaking a lease is likely to cost you a fair bit of money.
It is best to avoid leaving a property before the end date is up, but if it is unavoidable there are ways to minimise the expense and stress. You can start by answering these questions.
While breaking your lease is not ideal, the reality is situations can arise where a tenant needs to leave before the end of the agreement.
It is possible and the key is to be as transparent and cooperative as possible.
The first thing you should do is provide your landlord with written notice of your intention to leave their property, outlining both why and when you plan to leave before the end date specified on your lease.
There is no set fee for breaking a lease in Australia, but lease-breakers will face costs including:
Reasonable re-letting costs
Reasonable advertising costs (if incurred)
Compensation for loss of rent (until a new tenant is found or until the end date of the agreement whichever happens first).
The landlord must take all reasonable steps to re-let the premises and cannot claim rent for any period after the property is re-let.
Tenants who break a lease are generally required to pay the rent until a new tenant is found, in addition to covering any advertising and letting fees incurred by the agent and landlord when searching for a replacement tenant.
There is no hiding from the fact that breaking a lease is likely to cost you a fair bit of effort and money.
Each state has different rules on the conditions of breaking a lease and most residential tribunals allow for exceptional circumstances. These usually include financial hardship, the death of a co-tenant, or breach of contract by the landlord.
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