Lease break

[grantwhit]

I signed a 12 month lease about 18 months ago. There was a rent increase after 12 months but I didn't sign a new lease. If I leave now does am I bound into a lease or not?
Planning to move back to old ppor as tenants lease runs out next month.

 

[Xenia IM]

What did you sign to implement the rent increase?
If you did not sign a new fixed term lease, then the lease is deemed periodic and periodic terms apply for that state.

Ie 21 days notice for SA

 

[Lil Skater]

You have to sign something for a rent increase, Xenia? Weird.

If you didn't sign a lease, there's no lease.

28 days notice required in Vic.

And don't forget the notice period you need to serve on your tenants.

 

[Salvatore1]

If you are in NSW then they can not increase the rent during a fixed lease period unless they had something written in extras. Eg CPI increase annually. Maybe they just made an error and forgot you signed for 18mths. Call them and ask why.

 

[wylie]

If you are in NSW then they can not increase the rent during a fixed lease period unless they had something written in extras. Eg CPI increase annually. Maybe they just made an error and forgot you signed for 18mths. Call them and ask why.

He signed for 12 months and didnt sign a new lease after that. So he is on a month to month lease.

 

[Scott No Mates]

Sounds like you are on 'holdover' ie bound by the same conditions of the lease other than you are able to give the appropriate notice to vacate the premises.

You don't mention which state you are located, so it's anyone's guess the appropriate notice required.

As the lease was only 12 months, there is no question that the lessor was able to issue the appropriate notice to increase the rent.

Can you leave - yes, under what terms - the terms which relate to holding over.