I want to Break Lease for Place I Rent But...

[Property Photo]

I have a 6 month lease but I decided to travel overseas 1 month before the lease expires. So I contact the agent and ask them if it is OK if I leave 1 month early and they can start to find another tenant. They agreed reluctantly to advertise for a new tenant but kept telling me they can't guarantee they will find one. They said it would be OK and told me to come into the office and put it in writing that I would be leaving on what date etc.

So I went into the office nearly 2 weeks ago and put it in writing as they asked. I told them the date I would like to leave and I made it clear that I would like them to start advertising right away so someone would be able to move in hopefully right after I move out. They made me agree to paying 1 weeks rent for the lease fee.

So last Friday I call them up and ask how they are going with finding a new tenant. They said "oh, we thought you were not moving out until the end of Feb and you wanted us to advertise then". Quite annoyed, I said I made it clear that I would move out then but I wanted you to find someone before that etc. They said ah ok, we will get the listing in today and it will be online etc. So on Saturday morning I check their website along with RE and there is nothing there.

So I go and see them on Monday and they were unfriendly and arguing with me saying that they are busy and it is my problem that I want to break the lease etc. They eventually agreed to get the place listed that afternoon.

So I check back a couple of days later and there is still no sign of the ad. So I call them again and they say they have will have it listed in the list they leave at the counter later that day. I said "I thought you said you were going to put it online?" They said "OK we will get it online as well".

So I check back today and I see they have it listed online finally but at quite a bit higher than what I'm currently paying and now I have just over a week before I travel.

It is a seaside beach location but it is an older unit so it's quite cheap but they have put it up heaps but it is also nearly the end of summer so it doesn't make sense for such a high rent increase. Anyway, I think they are just messing with me as they know I have to pay rent till the end of March if they don't find a tenant by then along with my 1 weeks rent.

I'm really quite mad about this. If I had known they were going to mess me around I would have not booked my tickets but they promised me they would get it up listed right away but iit took them 10 days or more and now with such a higher rent I doubt they will have people lining up to rent it. They never mentioned anything about putting the rent up so much.

They have been a terrible agency to deal with and a number of other issues that I won't go into but I have been a good tenant and always paid my rent.

Is there anything I can do about this?

 

[Aaron_C]

You might be able to advertise yourself to get a tenant in to pay the same rent as you. Try Gumtree - I get 20 calls within an hour of advertising my rooms.

 

[Property Photo]

You might be able to advertise yourself to get a tenant in to pay the same rent as you. Try Gumtree - I get 20 calls within an hour of advertising my rooms.

Yeah I was thinking of that the other day but I was not sure if the agent would allow it. Also, if I advertise for the same rent as I pay now then the agent will just say SORRY but we are asking XXX amount now!

 

[Aaron_C]

Yeah I was thinking of that the other day but I was not sure if the agent would allow it. Also, if I advertise for the same rent as I pay now then the agent will just say SORRY but we are asking XXX amount now!

I am not sure about NSW particularly but that doesn't sound right. They can only ask for more if they have given you notice that they will charge more.

 

[Peter_Tersteeg]

Leasing and advertising fees are not yours to pay. They're the landlords or are absorbed by the agent.

They can charge you rent until the time your lease expires, but if they find a tenant prior to the expiry of the lease they have to re-emberse you from when the new tenant moves in.

Other than the rent until the lease expires, I don't believe they can charge anything to you. On the other hand they don't have to be too pro-active about getting a new tenant in the meantime either. Keep in mind I'm more familiar with Vic tenancies than NSW.

It would be worth calling them about this. As a landlord I hate these guys, but the tenancy union will be able to give you the property advice. http://www.tenants.org.au/

 

[Peter_Tersteeg]

Here's the specific stuff you probably want: http://www.tenants.org.au/publish/factsheet-16-ending-tenancy-early/

 

[Dazz]

I have a 6 month lease but I decided to travel overseas 1 month before the lease expires.

With all of the laws heavily weighted in your favour, my only suggestion, based on your decision, would have been to ask the Landlord to buy your tickets.

No harm in asking....they'll cough up for everything else.

 

[laurencei]

Is this NSW? If so, they have to advertise the place at the same rent as what you are paying.

They also need to reasonable attempt to find a new tenant (i.e. advertise ASAP).

Given these two things didnt happen - you might actually have a case to not pay the penalties... (if in NSW).

I only know - because I recently had 2x different leases broken by my tenants - and my RE agent wouldnt let me raise the rents in the ads (which I wanted to do) for this exact reason...

 

[dan c]

Is this NSW? If so, they have to advertise the place at the same rent as what you are paying.

They also need to reasonable attempt to find a new tenant (i.e. advertise ASAP).

Given these two things didnt happen - you might actually have a case to not pay the penalties... (if in NSW).

I only know - because I recently had 2x different leases broken by my tenants - and my RE agent wouldnt let me raise the rents in the ads (which I wanted to do) for this exact reason...

So the tenant breaks a lease, and the landlord has to jum through hoops so that the tenant isn't inconvenienced. What a joke these laws are.

 

[CHam]

Agreed dan c.

Probably not the correct forum to come onto complaining about breaking a lease and expecting everyone to be at your beck and call to find a new tenant.

 

[jaycee]

So the tenant breaks a lease, and the landlord has to jum through hoops so that the tenant isn't inconvenienced. What a joke these laws are.

IT is what it is. The rules are the rules and are unlikely to change
Why we play this game ? I know why I do it, I didn't really know of anything better, so it's my fault

No idea why everyone else does...

 

[jaycee]

Agreed dan c.

Probably not the correct forum to come onto complaining about breaking a lease and expecting everyone to be at your beck and call to find a new tenant.

Oh please... yes it's an unexpected pain in the as$
but it's a bit rich to complain about it when it's to be expected... I saw no one asking for anything outside of the rules of the game, and no t someone trying to get out of their responsibilities in an illegal / sneaky way, like I said before, pain in the as$ to deal with and I'd rather not, but... really....

 

[Property Photo]

yes this is NSW.

As a landlord myself of several properties I do respect their side of things too.

But I'm not dealing with a landlord directly but I think the agent or the owner might actually own this place but I'm not sure.

As I said they have been terrible to deal with but I won't go into all the details. If I had a PM as bad as them I would be shocked.

As for the property, there is about 5 units here but a little old. No one ever maintains the place although someone finally mowed the lawns the other day and took some junk that was sitting out front away. There is no landlord in the picture, if there is they don't have anything to do with the place. The land would be worth a couple of million at least so they must be sitting on it until the building collapses before they join the masses of beachfront apartments going up here.

I have been very reasonable to them. I asked first before I booked my tickets if they would be OK with it. They said it was fine but they had a different attitude once I signed the paper to say I will move out on that date and I will forfeit 1 weeks rent for moving out earlier so they can advertise the place. I don't know if that means I'm screwed now or what?

I did call the Tenancy department the other day and told them my situation and how they were not keeping to their word and advertising. They said I could apply for an emergency tribunal hearing since I'm flying out soon. Since then though I have only realized they are asking for much more rent. I don't have much time now before I fly out and also have many things to do.

What would be the best thing for me to do now? Should I put it all in writing and send it to the tenancy tribunal or as suggested by them go in and see them and lodge a complaint? I also have my bond to get back to but since I won't be here then I'm not sure what will happen about that. The place is fine, no issues but how do I know when I move out the agency won't process my full bond etc. So many things to be concerned with. I wish I had not booked my flight now but it's too late and I have already arranged everything so I leave here at end of this month so I can't change it now.

 

[handyandy]

Looks to me like you are going to leave your bond behind and say bone-voyage.

Really how much bond are you actually going to get back in any case by the time the landlord charges for relist (because you are breaking lease) cleaning and minor damage etc With the added difficulty that you are then on the move and not able to go to a tribunal.

Seeing you are only leaving a month early move out and leave them the keys.

Cheers

 

[Peter_Tersteeg]

This as in Victoria, but when we got married, my wife moved out of her unit a month early. She gave written notice that she would be moving out and paid for the final month of the tenancy even though she wouldn't be living there.

She also cleaned the property as appropriate and did everything else as if she were moving out under a month to month lease. She got her full bond back.

A new tenant moved in two weeks before the end of the tenancy agreement. The agent refunded her the rent she'd pre-paid for those two weeks.

No advertising fees, no reletting fees, no fuss.

 

[CHam]

This as in Victoria, but when we got married, my wife moved out of her unit a month early. She gave written notice that she would be moving out and paid for the final month of the tenancy even though she wouldn't be living there.

She also cleaned the property as appropriate and did everything else as if she were moving out under a month to month lease. She got her full bond back.

A new tenant moved in two weeks before the end of the tenancy agreement. The agent refunded her the rent she'd pre-paid for those two weeks.

No advertising fees, no reletting fees, no fuss.

Thank you!

An excellent example of a tenant taking responsibility for the contract that they have committed to and handling it in a mature manner.

This would have been a better approach to the problem.

 

[CHam]

Oh please... yes it's an unexpected pain in the as$
but it's a bit rich to complain about it when it's to be expected... I saw no one asking for anything outside of the rules of the game, and no t someone trying to get out of their responsibilities in an illegal / sneaky way, like I said before, pain in the as$ to deal with and I'd rather not, but... really....

Jaycee right at the moment my tenants are not on my Christmas Card mailing list. Ongoing immature complaints about issues that they should be able to deal with themselves - same as this.

And I think I need a rest after trying to decipher your last couple of posts!

 

[Peter_Tersteeg]

In my wife's case, she left about a month before.

Had it been three or four months, we would have continued to pay the lease on a monthly basis. In that time our expectation would have been that the agent advertise for a new tenant at a market rate and then sign up the first suitable applicant.

If they didn't do this, we'd stop paying the rent and initiate a tribunal hearing.

 

[Property Photo]

Thank you!

An excellent example of a tenant taking responsibility for the contract that they have committed to and handling it in a mature manner.

This would have been a better approach to the problem.

please explain where I had not done the same as PT Bear?

 

[jaycee]

This as in Victoria, but when we got married, my wife moved out of her unit a month early. She gave written notice that she would be moving out and paid for the final month of the tenancy even though she wouldn't be living there.

She also cleaned the property as appropriate and did everything else as if she were moving out under a month to month lease. She got her full bond back.

A new tenant moved in two weeks before the end of the tenancy agreement. The agent refunded her the rent she'd pre-paid for those two weeks.

No advertising fees, no reletting fees, no fuss.

As much as we landlords don't trust tenants, I don't trust the average PM or landlord to do that either sorry to say.....