Tenant vacating due to "ill family member".

[dan_89]

Hi All,

I currently have a unit tenanted which I manage privately. The current tenant signed a 12 month lease in October 2014 and has today notified me that he can no longer stay in the property as his grandmother is sick and needing care. I now have to advertise the property and re do contracts, condition report etc etc which is a major inconvenience. Tenant has told me he can pay rent until Feb 15th which would be the end of next months rent cycle.

Who else has been in this situation and is there any advice that may come in handy to resolve this as best as possible? As I am now renovating my PPOR I don't have a great deal of time and thinking I may go back a rental manager. Am I within my rights to charge tenant for advertising/re-letting fees?

Any advice would be great! Thanks in advance.

 

[Xenia IM]

Hi Dan

he can pay rent till feb - but NEEDS to pay rent until a new tenant is sourced as it is a break lease.
If he is unable to pay then it comes off bond and insurance.

yes you are entitled to a refund of letting fees and advertising fees.

Mitigate all losses - get property on market asap at the same rent - this will become evidence later when you are claiming vacancies and expenses related to leasing.

 

[thatbum]

Sounds like a normal break lease situation to me?

 

[westminster]

Hi All,

I currently have a unit tenanted which I manage privately. The current tenant signed a 12 month lease in October 2014 and has today notified me that he can no longer stay in the property as his grandmother is sick and needing care. I now have to advertise the property and re do contracts, condition report etc etc which is a major inconvenience. Tenant has told me he can pay rent until Feb 15th which would be the end of next months rent cycle.

Who else has been in this situation and is there any advice that may come in handy to resolve this as best as possible? As I am now renovating my PPOR I don't have a great deal of time and thinking I may go back a rental manager. Am I within my rights to charge tenant for advertising/re-letting fees?

Any advice would be great! Thanks in advance.

You are allowed to charge you tenant heaps if they are breaking the lease. They are responsible for everything until you get a new tenant and release them from their obligations as Lessee. In some circumstances you may decide to let them out easy but you are entitled to a lot and many tenant will tell a sob story to be let out early.

It is situations like this where self managing is not so easy as you really do need to know the ins and outs of your rights.

PS I hope all this was written into the lease they signed

 

[Xenia IM]

PS I hope all this was written into the lease they signed

It doesn't have to be because it is tenancy legislation. Lease break costs still apply whether you have written it in the lease or not.

 

[dan_89]

Thanks for the quick responses all. I will advertise the property within the next couple of days and chat to a property manager if I can't find a new tenant via gumtree (had it re-let via gumtree in under a week last time amazingly!).

As noted in signed contract;

50. In the event that the TENANT vacate the premesis prior to the expiry of this tenancy agreement, the TENANT agrees to pay the re-letting costs plus all advertising incurred in re-letting plus all rental payments up to commencement date of any new tenancy.

I am hoping to find a new tenant before current tenant vacated in which case I will not persue these costs but will see how I go! thanks again.

 

[westminster]

Thanks for the quick responses all. I will advertise the property within the next couple of days and chat to a property manager if I can't find a new tenant via gumtree (had it re-let via gumtree in under a week last time amazingly!).

As noted in signed contract;

50. In the event that the TENANT vacate the premesis prior to the expiry of this tenancy agreement, the TENANT agrees to pay the re-letting costs plus all advertising incurred in re-letting plus all rental payments up to commencement date of any new tenancy.

I am hoping to find a new tenant before current tenant vacated in which case I will not persue these costs but will see how I go! thanks again.

I would be reminding them now that they are paying until you find a new tenant. It's not a case of 'if you can't find a new tenant'. They need to be reminded of their responsibilities otherwise they will expect that no word from you means you have accepted them leaving and not paying rent beyond Feb 15th.

 

[Salvatore1]

The law is completely different in NSW if a tenant needs to break their lease early. They must pay rent until the day they vacate + 6 weeks early break lease fee if broken in the first half of the lease and only 4 weeks if broken in the 2nd half.

 

[Terry_w]

The sick grandmother is irrelevant in this situation.

 

[Peterw]

In Qld, there is provision for either party to apply to the Tribunal to have a tenancy terminated, due to "hardship". Hardship is not defined however is the tenant claims that they need to provide care for the elderly grandmother, they may accept the claim. Not sure what I sthe situation in your state.

You must mitigate your loss, if finding a tenant proves difficult, and that may include reducing the rent. The reduction may be claimable from the tenant, if you have acted correctly. Good luck.

 

[Kate Ashmor]

Residential Tenancies Act (Victoria)

The Residential Tenancies Act (Vic) sets out, in plain English, the rights and responsibilities of tenants and landlords in Victoria. It's essential reading for self-managing landlords.

http://www.austlii.edu.au/au/legis/vic/consol_act/rta1997207/

Section 236 states that the tenant's early notice to terminate the lease is invalid, because they will be terminating on a date prior to the date that the lease concludes:
http://www.austlii.edu.au/au/legis/vic/consol_act/rta1997207/

You can apply to VCAT to enforce your rights under the lease:

https://www.google.com.au/webhp?sou...&espv=2&ie=UTF-8#q=vcat residential tenancies

Good luck!

 

[TMNT]

ive been involved in hiring staff, overseeing HR, for companies,
im a landlord, ive sold on ebay

the number of people who use the excuse of a sick relative, or having to hospitalised as an excuse makes me think australia is a very sick country!!!!

in fact, I recall some people had more then 2 pairs of grandmothers and grandparents!!! some had even died, come back to life and died again