Landlord Attempting to Break a Lease

[PIppety]

Hi Folks,

I am potentially looking at asking a tenant I have whether it would be possible for us to break the current lease as I would like to move into the property.

I was just curious if anyone had ever done this or attempted it before. Obviously I am willing to offer some amount of compensation for the inconvenience.

Assuming that the tenant agrees what would be considered a fair amount of compensation and is there a "general rule" for this type of situation ? The lease is in QLD if this helps (I can't seem to access the QLD RTA site at the moment.)

Any help, advice or suggestions are most welcome.

Cheers
PIppety

 

[duncan_m]

Hi Pippety,

I did exactly this, I wanted to move back into a house that had 7 months of a 12months lease left to run.

I offered a months free rent AND I bought another similar house and offered it to them on a periodic lease for as long as they wanted.. They took the months free rent and moved into the new house.. Happy all round..

I dont know the rules in Qld, certainly in SA if a fixed lease is in place, there's nothing that can be done if the tenant wishes to stay..

Duncna.

 

[geoffw]

PIppety,

The ACT lease agreement seemed quite watertight to me.

The only "out" I could find (and I was looking hard) was something about a genuine need to renovate- and even that needed three months notice (from memory)- and might have even been at renewal time.

A generous compensation, as "Duncna" mentioned, might be your only way out.

I have heard stories of a landlord who would offer tenants (usually of bottom end properties) one month's rent in return for having moved out by 5PM.

 

[asy]

Hi Pip,

Leases up here in the Sunny State are the same as anywhere else on this point, you can't get them out before the end of the lease, unless they stop paying rent, or the property is untenable (falling down).

I assume neither of these is the case...

You can ask the tenant to leave, but in the end it is up to them.

We had a case only last week where a property was sold and the new owners wanted to move in. They offerred the tenant payment of her moving costs (with a removalist) and paid her new bond. We helped out by offerring her the first suitable property that became available. (She had previously been a model tenant).

Anyway, it's really individual, but seems about 2-3k is the total that it costs the landlord.

Good luck with it!!!

Let me know if I can help.

asy

 

[Jacque]

I thought this was an interesting question seeing as I want my tenant to do the same thing.
Story as follows:

Tenants moved in, paid bond and one week's rent. Didn't pay for 3 weeks so PM investigated, heard their sob story (waiting for a workers comp cheque, which turned out to be a lie) and gave them a week to pay up. Came in and paid in dribs and drabs, amongst much complaining etc. Many promises made, but hardly delivered on time. In the meantime, my PM sent them a termination notice and it ended up going to tribunal. At that time, they were a month behind.
Tribunal let them off with the condition that they pay double rent for the next four wks to catch up. Though I claimed hardship (through my PM) it wasn't recognized. Looks like I'm stuck with them!
I then find out that, despite special conditions attached to the lease (which they both signed) stating NO PETS EXCEPT WITH WRITTEN PERSMISSION FROM LANDLORD, they have a large dog. ( I seem to be attracting dog lovers!) Now it seems I have grounds to evict them, as they are breaking the lease agreement. My PM now has to go through another termination notice situation and I wait with bated breath!

Any tips or suggestions here on how to help me evict would be appreciated! I'm beginning to think that this particular property has a curse- it's the only one that is giving me so much trouble!!

 

[watto]

Cash can be an almighty motivator......

Is it worth a say a $1000.00 to get them to move on.

This could be in the form of a bond on next unlucky souls IP, or just a grand in the hand to be out by 5pm.

Give it a try what have you got too lose, besides some crappy tenants....


cheers
watto

 

[geoffw]

Jacque,

It sounds like second (and final) visit to the tribunal is called for (NSW rules).

After the second hearing, they're given a set time to pay up everything, and then a warrant is issued.

Even then, after a warrant is issued, it can take up to a week for it to be served. And that costs- my PM has told me about $100.

My unit is only $85pw (1br in Queanbeyan), and I'm going through almost similar. Tenant has paid almost all at the last hour. PM has advised me to evict- fo $120, I'm going to leave it.

 

[bundy1964]

Originally posted by Jacque
I'm beginning to think that this particular property has a curse- it's the only one that is giving me so much trouble!!

Hi Jacque

Ever think of offering to sell it to brains

bundy

 

[Jacque]

Haha!
Hey, Brains- it's all yours mate for a bargain price of $130K.
10% down and settlement in six weeks (should give me enough time to get rid of those tenants!!)
Nice little 3 bed house in Singleton- a/c, combustion stove, carport, fenced yard. Receiving $180 wk rent (could be more in current tight market)

If you don't have the whole deposit, I'm willing to wrap it for $145K with 5% down and 8% variable int rate. How's that sound buddy?!