Getting out of a rental contract

[Lilith]

My mom has signed an one-year rental agreement which will expire next June. However, she found a perm place to move into around Oct/Nov so I'd like to get out of the rental contract.

Here is what I have in mind. Can we offer the landlord to show the apartment from Oct/Nov onwards and if he/she can get any one to take it over prior to Feb we will compensate him/her 4 extra weeks of rent on top of what my mom pays. But if the landlord can only find someone between Feb and April, she will pay extra two weeks. However, if the landlord can only find someone beyond April, we won't pay any extra weeks of rent.

Does that sound reasonable?

 

[toony]

I have had tenants break their lease before its completed. What they do is discuss it with the property manager. The property manager finds a new tenant and the tenant pays the property manager the usual one weeks rent or a portion eg. 6 months left then pays half (thats usually what the landlord pays).

If the property manager is any good, they can usually find a tenant in 2-3 weeks and you pay for the empty period. Just make sure the property manager is doing its best to find a tenant.

 

[asy]

Hiya Lilith,

If you check your mum's contract it will have listed what 'penalties' are payable if she wants to leave early.

Generally, it costs the letting fee (usually 1 week's rent) plus the rent up until the day before new people take the property over.

If your mum really wants to leave, she can avertise the property herself, and show ppl through, but she must be aware that any prospective tenant will still have to be screened by the agent/owner.

If she is serious and wants to get out in a hurry this is what I suggest she does:
Go talk to the Agent, and have them ask the landlord whether she can break the lease (sometimes the landlord wants to sell and this is to his advantage).
If not, then I suggest she makes it clear that she's leaving and that she will make the property available for inspections at short notice during reasonable hours.
If she wants to (depending on area) she can put an ad in the local paper (or Courier mail if inner city) and show people through. IF she's going to do this, I VERY strongly suggest she has someone else present, and also has a pile of application forms and the PM's cards ready, if someone wants to apply give them a copy of the application form and PM's card and instruct them to apply directly to the agent.

(IF she is going to accept ppl from an ad, I suggest she has them give her their phone number and she calls them back on it, it's not foolproof, but at least you ahve a better idea that they are giving you their correct details.)

hope this helps.

asy

 

[Lilith]

Thanks a lot for the advice above, you guys are great.

 

[crest133]

Hi Lilith
The tenant has to pay any and all expenses incurred in changing tenants during the fixed term of the lease, when there should be no such change of tenant. The income (rent) for the property owner should continue uninterrupted until the end of the fixed period, the lease-breaking tenent pays any rent gaps, without the owner paying any expenses relating to changing tenants. For your mother this means paying expenses like ads, lease preparation, REA re-let fees, REA admin fees for paperwork required to change tenants like condition reports x 2, bond release / transfers / refund, inspections, keys, etc etc. She doesn't have to live there, it's a free country, but she does have to pay the rent during the fixed lease period until someone else takes over paying it.
cheers
crest133

 

[geoffw]

Thanks a lot for the advice above, you guys are great.

I agree with all the above comments.

Lilith, it sounds as if you are proposing benefits to the landlord which exceed what the lease allows. That's generous of you- but probably not necessary.

 

[Lilith]

Thanks Geoff and crest133 for your input, sounds reasonable and fair to me.