Breaking lease

[murray77]

We are in Perth and looking to sign a 6-month lease but due to circumstances may need to break the lease after 4 or 5 months into the lease.

 

 

1) Are agent's allowed to include any fees in the contract such break lease fees or are there standard rules as to what can be included?

2) Do we need to pay the full advertising cost or pro-rata for unexpired portion? Given that the owner would need to advertise for new tenants anyway, it's hardly fair that we have to pay 100% of advertising costs?

3) Similarly are they allowed to charge for full final inspection fee or pro-rata?

 

I will probably try to look for a new tenant to take over the lease and the best case scenario is I only need to pay for pro-rata applicant vetting fee but I have read that we may be at the mercy of the PM as to what is charged.

 

Just a crazy idea, but if the PM or owner refuses to allow termination of contract or make unreasonable demands, is it a good idea to deliberately stop paying rent (or purposely pay a few days late consistently) and make the owner apply to the courts to terminate our contract (or evict us). We are purchasing a new house and will not be renting ever again and so are not afraid of having a bad record.

 

Thank you

Edited September 3, 2014 by murray77

[Edna]

Poor landlord

[ali]

If you sign up for a lease then you're making a contract to rent that property for x amount of time - so if you break it then you'd have to pay the advertising costs. It's not as easy as just getting someone to take the lease as they must also them meet with the approval of the landlord/agent.

 

My understanding is that you'll continue to pay rent and advertising until a tenant is found.

[Druid]

Ali is correct, if you break your lease you will have to carry on paying the rent and agents fees until another 'suitable' tenant is found, if you are only breaking it for 1 month I wouldn't even bother, just pay the rent and take it on the chin, give the agent as much notice as possible and they might find a tenant who is prepared to take it immediately if it's empty, maybe save you a fortnightly rent

[LugubriousDuncan]

I've broken the lease once and it was a tad stressful and you will have to pay advertising costs and will be responsible until either a new tenant is found or the lease is up.

just a thought but in your circumstances a short term furnished rental might be a better option even if you have to put your stuff in storeage. Check out Oz house rentals they were great for us.

[murray77]

I've broken the lease once and it was a tad stressful and you will have to pay advertising costs and will be responsible until either a new tenant is found or the lease is up.

just a thought but in your circumstances a short term furnished rental might be a better option even if you have to put your stuff in storeage. Check out Oz house rentals they were great for us.

 

Thanks for your suggestion LugubriousDuncan but the rents at OZ house rentals are very expensive and there is no accommodation near the location I am looking for (as we have to be near our kids' school). I find that most short term stays are catered for tourists so a bit pricey.

 

My intention is to advertise for tenants (they obviously have to be vetted by the real estate agent and therefore have good income and record, and meet rental price demanded by the owner etc etc).

I will advertise way in advance so that I can find somebody (hopefully). The best case scenario is that I find somebody to take over the rent and all I need to pay is the pro rata vetting fee.

 

However, I understand breaking lease is fraught with complications which is why I am asking for people who have experienced this to share.

Edited September 4, 2014 by murray77