another break lease question

[girsang]

Morning,

My lease is valid until 18th February 2012, I broke my lease on 8th December 2011 returned the keys to RE office and she said that she will be doing an exit condition report on the property on that day. I still pay my rent every month as per normal.

The old Prop Manager has left the company and I've been informed by the new RE prop manager that they have found someone who is going to move in on 8th February 2012, however he also mentioned that I will be liable for the cost of weeding before the new tennants move in.

I left the house and the garden in a spotless condition, no weeds whatsoever after 2 months of Melbourne summer obviously the weeds will be out of control.
My question is: am I still liable for the weeding cost even though I left the property 2 months ago? \
My assumption is that the exit condition report originally done on the 8th would state that the garden is in a good condition ( maybe i should ask for a copy of it?).
I thought once I broke the lease, handover the keys, exit condition report is written within 10 days or so then that is what the RE agent refers to when it comes to the house condition.
Am I missing something here?

Thanks,

 

[Lil Skater]

Hey,

Yes, technically as you are still the lessee of the property you are responsible for all garden maintenance still - as you would be if you were still residing at the property.

Basically, when you've broken your lease you are responsible for all reasonable costs of re-leasing the property to make sure your landlord is not out of pocket and they are responsible to make reasonable attempts to ensure you are not too out of pocket including leasing the property ASAP.... Depending on suburb, and the amount of rent you have been paying, 2 months is a rather long time.

 

[laurencei]

Hey,

Yes, technically as you are still the lessee of the property you are responsible for all garden maintenance still - as you would be if you were still residing at the property.

But he's not still the lessee - and he's returned the keys? How can there be any expection of on-going maintenance?

 

[travelbug]

Yes I know you are liable for the rent but I wouldn't pay it. They've had 2 months to find a tenant but obviously haven't bothered until the lease ran out. I know they didn't HAVE to but it's not reasonable.
Tell them you'll go to tribunal. Ask them what steps they have taken to find a new tenant in 2 months. You have done the right thing and they have taken advantage of you. A tribunal would see that.

 

[Lil Skater]

But he's not still the lessee - and he's returned the keys? How can there be any expection of on-going maintenance?

Lessee probably wasn't the right word. In a break lease situation the tenant is still responsible for ongoing maintenance to lawns on the property.

If the keys were handed back without the tenant breaking the lease, then no they would not be responsible.

However, as stated before in a break lease (in Vic) the tenant is responsible to ensure the landlord is not out of pocket - meaning they pay all rent up to lease expiry/until a new tenant is found, advertising, pro-rata letting fees etc. and are also responsible to ensure the gardens are presented in the same condition as when a new tenant moves in and when the moved in.

It's all to ensure the landlord is not out of pocket, otherwise why bother having a lease in place if the landlord has to pay to get the gardens fixed? The lease expires on the 18th Feb, with a new tenant occupying on the 8th which means the OP is responsible for the property until the 7th Feb.

In return, the landlord needs to do all within his power to ensure the cost to the tenant is minimal - IE. leasing the property as soon as possible. Which, in my opinion 2 months + whatever notice given is excessive.

To the OP, in your situation I feel that you have done the right thing to ensure the landlord is not out of pocket and I would be heading to tribunal to recover some of the costs of the rent you have paid and also fight that you won't pay the gardening. However, if it were a different situation then the liability stands with you.

 

[girsang]

Thanks for all the reply.
So in summary, I'm still responsible for the maintenance of the garden,etc.
I just wish they had informed me about this when I handover the keys, at least I could give it a bit of a weed killer spray once every 2-3 weeks or so.

Regarding finding tenant in 2 months, they do advertise the property right after my lease is broken and they do update their ads every 2 weeks so it would show on top of the search list, so I cant fault them there.
However there are a few mistakes in the ad such as incorrect street type ( they put in street instead of drive) and apartment instead of house which they rectify as soon as we notified the error.

Why it takes so long to find a tenant? I was told being so close to the holiday season there are not much demand on people looking for a place.
Perhaps looking back now seeing it from the REA point of view no one really wants to work either during that time, I mean if someone need a place it doesn't really matter whether it is Christmas, Easter etc. but who knows...
Also I thought they were quite picky with the applications up until last week,
but what is a reasonable effort to find a tenant? it is such a grey area.
I doubt I'll get some rent back.

Anyway I'll pull out the those weeds, a good 2 hours overdue workout.
Once again, thanks for all your reply.

 

[Lil Skater]

Break leases, in my experiences can be a bit of a grey area.

I would say a reasonable time period for leasing would be 3 weeks, and that's being generous.