Need your help! How can landlord break lease?
- Thread starter bluefish
- Start date
In Brisbane, if I was faced with this, I would guess the only thing to do is offer the tenant money to vacate early. If the tenant refuses, there is not much I could do as I understand it. They have a legal binding lease contract.
Perhaps offer them some cash plus money to cover a removalist and see what happens.
Perhaps offer them some cash plus money to cover a removalist and see what happens.
I agree with wylie. The only way you can get rid of them is to hope they'll agree to go in return for some form of compensation. So how much it costs you depends on how badly they want to stay.
Of course, at first, don't let on to the tenant that you desperately want them out, or they'll ask for a LOT. Get the PM to casually mention to the tenant something along the lines of "the owner is thinking of possibly doing some renovations during his long service leave, and would be happy to release you from the lease if you're happy to move out", and see what response you get. If they indicate they might move for the right money, you can begin negotiating. If they indicate they're not budging no way, no how, then I think there's very little you can do (that's legal
).
Of course, at first, don't let on to the tenant that you desperately want them out, or they'll ask for a LOT. Get the PM to casually mention to the tenant something along the lines of "the owner is thinking of possibly doing some renovations during his long service leave, and would be happy to release you from the lease if you're happy to move out", and see what response you get. If they indicate they might move for the right money, you can begin negotiating. If they indicate they're not budging no way, no how, then I think there's very little you can do (that's legal
).
You could try bumping the rent up $50pw
As long as its not the place I'm renting
As long as its not the place I'm renting
Need more information.....
Do you know why the landlord wants to end the tenancy?
Is there any issues with the property - damage?
Is the landlord in financial hardship?
In NSW a lease can be terminated at any time if the property is damaged and made inhabitatable - i had a recent problem with a property with a shower leak, the bathroom floor was yellow-tongue chip board and was rotten through so the whole bathroom floor had to be replaced - this was at the begining of December - the property was a townhouse and subject to strata laws, this took time with an insurance claim via strata manager etc - i was adviced by REINSW to terminate the lease as the property is uninhabitable.
If the landlord is in financial hardship he can apply to the CTTT to have the lease terminated.
Only other way is by mutual concent - talk to the tenant - offer an incentive
Do you know why the landlord wants to end the tenancy?
Is there any issues with the property - damage?
Is the landlord in financial hardship?
In NSW a lease can be terminated at any time if the property is damaged and made inhabitatable - i had a recent problem with a property with a shower leak, the bathroom floor was yellow-tongue chip board and was rotten through so the whole bathroom floor had to be replaced - this was at the begining of December - the property was a townhouse and subject to strata laws, this took time with an insurance claim via strata manager etc - i was adviced by REINSW to terminate the lease as the property is uninhabitable.
If the landlord is in financial hardship he can apply to the CTTT to have the lease terminated.
Only other way is by mutual concent - talk to the tenant - offer an incentive
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I've found a friendly face to face chat, followed up with an equitable solution for a win-win and a $ incentive to move works well.
I'm with Peter, try a face-to-face meeting.
My son was renting a unit with a mate when it was sold. New buyer came to see them, told them he was living with the in-laws and it was a bit much (went for the sympathy vote). New owner said they were going to renovate so if son and mate left then they did not have to clean the place up and most of it was to be ripped out, and would get their bond back in full.
As son and his mate were not much in the housekeeping stakes this appealed greatly.
Both moved back home....
Marg
My son was renting a unit with a mate when it was sold. New buyer came to see them, told them he was living with the in-laws and it was a bit much (went for the sympathy vote). New owner said they were going to renovate so if son and mate left then they did not have to clean the place up and most of it was to be ripped out, and would get their bond back in full.
As son and his mate were not much in the housekeeping stakes this appealed greatly.
Both moved back home....
Marg
the only way to "break" a lease is by mutual agreement with the tenant as stated above, beg, offer money.
Or if the tenant breaches a lease and fails to rectify the breach
There is a hardship clause in the legislation which states that a landlord may break a lease if the lease is causing hardship to his/her family. That is if the landlord or their family are left homeless due to a tenant living in their family home.
I have never to this date seen or heared of a single case where a landlord was awarded a breaklease on these grounds in any state (unless someone has any fresh evidence!!!).
Tenants can break a lease easily!
Or if the tenant breaches a lease and fails to rectify the breach
There is a hardship clause in the legislation which states that a landlord may break a lease if the lease is causing hardship to his/her family. That is if the landlord or their family are left homeless due to a tenant living in their family home.
I have never to this date seen or heared of a single case where a landlord was awarded a breaklease on these grounds in any state (unless someone has any fresh evidence!!!).
Tenants can break a lease easily!
you certainly cant break the lease just to have another tenants move in at a better $$$ but i was under the assumption that a 30 day notice could be given when the landlord is intending to move into his "own" property...??? dont quote me on it !!
i go with the others dont force the approach legaly or ignorantly as this may only cause the tennant to become more stubborn and enforce their rights (and i can assure u they have way more than the landlod ) best you chat with the tennants and hopefully come to some mutual agreement this will solve a lot of headaches
i go with the others dont force the approach legaly or ignorantly as this may only cause the tennant to become more stubborn and enforce their rights (and i can assure u they have way more than the landlod
) best you chat with the tennants and hopefully come to some mutual agreement this will solve a lot of headaches you certainly cant break the lease just to have another tenants move in at a better $$$ but i was under the assumption that a 30 day notice could be given when the landlord is intending to move into his "own" property...??? dont quote me on it !!
sorry I had to quote you
No amount of notice can be given by a landlord to break a fixed term lease EVER!!!!
Periodic or month to month leases are differnt 60 to 90 days notice can be given depending on state!
Sorry, Xenia, but now I have to quote you.
A fixed term lease can be broken in Victoria, with differing notice periods required depending on the reason (0 days if tenant causing damage, to 120 days for "no reason"). If the landlord (or a close relative) wants to move into the rental property, 60 days' notice is required.
I had thought the same as you Xenia, but to quote from this fact sheet (my bolding):
"The notice period required varies depending on the reason for the landlord ending the tenancy agreement. Notice to vacate can be given for any of the following reasons, even if you have a fixed term tenancy agreement."
Really?? That's news to me!
Im in a situation where i am thinking about getting out of the place im renting now, due to it being waaay too hot without aircon, and starting to get over it. Landlord did all the legwork to install aircon, then decided at the last minute that it was "too expensive".
The lease expires in May this year.
On what grounds can i break the fixed term lease?
EDIT - nevermind! I found all the info i need here - http://www.tenants.org.au/publish/factsheet-16-ending-tenancy-early/index.php
Tracey, that is news to me. When I tried to get the tenants (came with my PPOR) out before the fixed term lease expiration date. Office of Fair trading in Vic told me that I cannot do so if the tenants refuse to leave. They said that the notice period of 60 days is when the lease is expired. They said the tenants had the right to not want to move out.
I'm not a Vic landlord, and I would have thought the same as you; I'm only quoting what I found.
The referenced fact sheet from Consumer Affairs definitely reads differently; it says that you can give 60 days' notice (on either a fixed or periodic tenancy) for a number of reasons, one of which is: "The landlord, or a member of the landlord’s immediate family, or a dependant of the landlord who normally lives with the landlord will be moving in."
Fixed term tenancy in Vic
http://www.consumer.vic.gov.au/CA256902000FE154/Lookup/CAV_Publications_Renting/$file/RentingComplete.pdf
The above link is to the consumer affairs guide to renting Vic.
Unless you are service notice to vacate because the tenant has breached a regulation (arrears ect) you cannot serve a notice on a tenant that has a vacate date prior to the lease expiry.
see pages 23-26 and specificaly the top of page 25 wich clearly outlines that the vacate date on the notice cannot be before the end date of the fixed term tenancy - this clause applies to notices repairs or renovations, demolition, landlord or family member moving in, property sold or to be sold with vacant possession, 120 day no specified reason.
So if the tenant has done nothing wrong you cannot make them vacate the property prior to any lease expiry. The only way would be the owner to apply to VCAT under hardship or negotiate with the tenant to end the lease early.
http://www.consumer.vic.gov.au/CA256902000FE154/Lookup/CAV_Publications_Renting/$file/RentingComplete.pdf
The above link is to the consumer affairs guide to renting Vic.
Unless you are service notice to vacate because the tenant has breached a regulation (arrears ect) you cannot serve a notice on a tenant that has a vacate date prior to the lease expiry.
see pages 23-26 and specificaly the top of page 25 wich clearly outlines that the vacate date on the notice cannot be before the end date of the fixed term tenancy - this clause applies to notices repairs or renovations, demolition, landlord or family member moving in, property sold or to be sold with vacant possession, 120 day no specified reason.
So if the tenant has done nothing wrong you cannot make them vacate the property prior to any lease expiry. The only way would be the owner to apply to VCAT under hardship or negotiate with the tenant to end the lease early.
Although the landlord did not install the air conditioning unless this was a term of the lease you cannot use this as a reason to break the lease. The installation of a new air conditioner is not a repair (unless this service already exists).
Xenia is probably speaking from experience, in that tenants walk away from leases, and/or don't pay rent, and although legally they cannot do this they do get away with it. If the landlord does not neet their obligations they are generally held accountable for their actions or inactions.
Regards
Andrew
