How do I break a lease?

[spludgey]

I'm planning on breaking the lease in a months time of the place that I'm currently in. I've notified the real estate agent and she has said that I would have to pay four weeks rent in order to do so.
I know it's the opposite to questions usually on this site. But is there a way of getting out cheaper? I don't mind paying cost of the owner, but I don't want to enrich him either, I've stated this and asked the real estate agent to ask him if he would consider a substitute tenant (as per contract) and us associated costs. The real estate agent said no at first and only when I pointed out that it was in the contract, she said that she would ask the owner, but would advise him not to do it as it's against their policy.

So basically, do I try and get evicted?

 

[Kinnon Bell]

..........

 

[Brady]

I'm planning on breaking the lease in a months time of the place that I'm currently in. I've notified the real estate agent and she has said that I would have to pay four weeks rent in order to do so.
I know it's the opposite to questions usually on this site. But is there a way of getting out cheaper? I don't mind paying cost of the owner, but I don't want to enrich him either, I've stated this and asked the real estate agent to ask him if he would consider a substitute tenant (as per contract) and us associated costs. The real estate agent said no at first and only when I pointed out that it was in the contract, she said that she would ask the owner, but would advise him not to do it as it's against their policy.

So basically, do I try and get evicted?

Have I missed something here?

If in the contract that it can be done, but REA has a policy against it?

Then wouldn't they remove that from the contract before you signed it?

 

[S.T]

http://www.fairtrading.nsw.gov.au/T.../Ending_a_tenancy/Breaking_a_lease_early.html

 

[Dazz]

A soft lettuce leaf comes to mind.

http://www.youtube.com/watch?v=S9sjMIny4dk

 

[mystery]

But is there a way of getting out cheaper? I don't mind paying cost of the owner, but I don't want to enrich him either,

You do understand that the owner would be up for a re-letting costs plus possible loss of further rent if it takes more than 4 weeks to find a suitable tenant etc. If you break the lease, I'm not sure 4 weeks rent would be "enriching" him.

If you want to break the contract then do the right thing and pay what is due and give the appropriate notice.

Mystery

 

[impala67]

...If you want to break the contract then do the right thing and pay what is due and give the appropriate notice...

+1 from me.

Do you risk getting evicted and possibly listed on the bad tenants database...losing the bond in the process ?!

 

[spludgey]

You do understand that the owner would be up for a re-letting costs plus possible loss of further rent if it takes more than 4 weeks to find a suitable tenant etc. If you break the lease, I'm not sure 4 weeks rent would be "enriching" him.

If you want to break the contract then do the right thing and pay what is due and give the appropriate notice.

Mystery

I asked whether they would consider transfering the lease to a tenant if he/she met their criteria and offered for associated costs.
How would that cost the landlord money?

 

[wylie]

I reckon if you find a suitable replacement tenant and that is allowed in your lease then you are covered. Maybe push that angle. How strange for a PM to not want that to happen because you are saving them time and effort.

It you cannot find a suitable replacement then you must honour the lease and pay what it costs to break the lease.

 

[impala67]

I asked whether they would consider transfering the lease to a tenant if he/she met their criteria and offered for associated costs.

Did the agent at least give a reason, or does your lease clearly forbid it?

I wonder why they said no? I wouldn't care as long as the references checked out. I actually did this last year anyway.

 

[Spades]

So basically, do I try and get evicted?

Sorry to be blunt but ggf IF you were my tenant.
How would you feel with mortgage noose huh?

Cheers Spades

Ps:life is short,health is paramount,money is ....

 

[Spades]

Hey spludgey,

I'd look at Dazz's link and look at kesse's pic,it's kinda like the matrix but real data?
(Please note the manifest will appear in stages and just like tatts,it's you who picks the numbers

Seriously you'd drain urine from a lemon.

Put ureslf in situ,

Cya Spades.

 

[Angel]

Didn't we have this same conversation earlier in the year?

 

[spludgey]

Sorry to be blunt but ggf IF you were my tenant.
How would you feel with mortgage noose huh?

I've got six "nooses". Tenants are sometimes good and sometimes bad. So far we have been very good tenants and even done improvements to the yard (with the owner's permission) and gotten rid of rubbish.
But the initial flatout rejection by the REA of my reasonable request, really annoyed me. And even after I pointed out that it was in the contract her saying that she'd ask the owner but advise him against it wasn't very nice.
She knows that she can get this place rented within a week (even if I don't supply a prospective tenant).

Put ureslf in situ

Would you prefer to have a disgruntlet tenant living in your place or would you prefer to accept a substituition tenant after having all the checks done, which didn't cost you a cent?
I know which one I'd choose.

 

[wylie]

I'd still push for them checking out a replacement tenant if you can find one. If they baulk at it, remind them that it is in your lease and that are prepared to take them to tribunal (if you are prepared to do that).

They might decide to check out your replacement over the other option.

You are within your rights to find a replacement (as per the lease) and they are within their rights to charge you (as per the lease) if your replacement tenant doesn't check out.

 

[Deltaberry]

I'm planning on breaking the lease in a months time of the place that I'm currently in. I've notified the real estate agent and she has said that I would have to pay four weeks rent in order to do so.
I know it's the opposite to questions usually on this site. But is there a way of getting out cheaper? I don't mind paying cost of the owner, but I don't want to enrich him either, I've stated this and asked the real estate agent to ask him if he would consider a substitute tenant (as per contract) and us associated costs. The real estate agent said no at first and only when I pointed out that it was in the contract, she said that she would ask the owner, but would advise him not to do it as it's against their policy.

So basically, do I try and get evicted?

Threaten to take them to VCAT.

Smash every appliance inside the house and claim the landlord's been negligent. Ask for a refund also for your stress and trauma of having to deal with smashed appliances. Break his walls too and refuse to pay rent and call Current Affair if they try to evict you.

 

[Dazz]

Would you prefer to have a disgruntlet tenant living in your place or would you prefer to accept a substituition tenant

The two alternatives you present both suck for your Landlord.

I'd prefer to have the existing Tenant honour their Lease obligations that they made at the start, that is stay for the entire Term and pay rent right up until the last day, just as they promised to do on the day they signed up.

You are the one who wishes to break the agreement, what are you prepared to offer the Landlord. They just want you to keep paying rent like you promised you would, and keep the property in a decent shape and treat their asset with respect.

 

[impala67]

...They just want you to keep paying rent like you promised you would, and keep the property in a decent shape and treat their asset with respect.

Exactly - I had one last year want to leave 3 months into 14 month lease. !!

 

[perthguy]

But the initial flatout rejection by the REA of my reasonable request, really annoyed me. And even after I pointed out that it was in the contract her saying that she'd ask the owner but advise him against it wasn't very nice.

I think a REA advising an owner not to abide by a contract is pretty sus. But just because the REA is dodgy, don't take it out on the owner.

I'd be furious if my REA told one of my tenants what this REA told you. It's just wrong. A contract is a contract.

 

[spludgey]

The REA has now still not gotten back to me and it has been 6 days since my initial request.
I've sent her 5 emails and SMSs to ask how it has been progressing in that time and haven't gotten a response. The reason that I'm doing that instead of calling, is that I would prefer to have a record of it.

It's really frustrating and I'm pretty annoyed with the REA!
Can I break a lease because of an unresponsive REA?