Fixed rental agreement

[rabidz]

Hi,

Just thinking about a scenario when the landlord & the tenant agreed to a fixed 1 year rental agreement. After a few months (say 4 months), the tenant didn't pay the rent and got kick-out from the property.

My question is whether the tenant has to pay the remaining 8 months (based on the rental agreement of 1 year fixed) or the tenant only lose his bond (and get away with the remaining 8 months).

Thanks.

 

[thatbum]

When you say the tenant got kick-out from the property, I'm guessing you mean the lease was terminated.

So there wouldn't have been any lease left to claim money under for the remaining 8 months?

 

[Sez]

When a tenant is evicted from the property the fixed term lease has been terminated so they only owe rent up to the date that they are removed from the property .

 

[Tom Ipswich]

Spot on ^.

A Fixed Term Tenancy Agreement gives absolutely no 'outs' to the Landlord, and a thousand different escape routes for tenants! Horrible isn't it.

I recently had a case where a tenant decided she couldn't afford the house half way into her lease! (Yes, we screened her income and it was more than adequate).
When I tried to force her into a Break Lease Agreement, she took me to court seeking termination on grounds of hardship! She wrote all her expenses (which include a christo hamper!!!) on the back of a napkin and gave that to the magistrate, who terminated her lease- and denied us grounds of ANY compensation. Thank god I had a tenant ready to go in the week after.

 

[sharpcq]

^
To answer your question... No tenant's not responsible for the remaining rent and provided the property is left in the condition it was when S/he moved in then you have no claim to the bond.

I had a tenant sometime ago move into a property on a 12 month fixed term lease. Less than a month into the tenancy, she fell behind in her rent. followed our arrears process, issued the legal notices. Tenant vacated as per the terms on the Notice to Leave and my owner was left with no tenant and I was left to market the property again.

Pleased to say I secured one two days later but unfortunately legislation protects tenants more than owners or agents.

 

[Jamie M]

A Fixed Term Tenancy Agreement gives absolutely no 'outs' to the Landlord, and a thousand different escape routes for tenants! Horrible isn't it.

Yep, been there before.

The processes/policies probably vary from state to state though.

Cheers

Jamie

 

[Lil Skater]

^
To answer your question... No tenant's not responsible for the remaining rent and provided the property is left in the condition it was when S/he moved in then you have no claim to the bond.

You have claim to the bond if there is outstanding rent, however not lease break fees.