Breaking Lease... Advice Appreciated

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  TightAsTupperware on 05/06/2015 - 06:04

  Was the lease contract under your name alone? Did the vendors know that you had other parties in their apartment?

  • 

    High on 05/06/2015 - 11:11

    Hi mate, Yes and yes.

    It was under my name only. The apartment manager knew exactly who lived in my apartment(yes, so many people in the apartment but still I am pretty sure he recognized most if not all of them… he must be good at remembering people) and he did not bother to ask me to put them in the tenant list. When he had issues with other tenants they would speak to them directly or come to me. Yes he could suddenly change his mind and accuse me of breaking contract but in good faith I believe he won't.

    • 

      MrHyde on 05/06/2015 - 16:32

      Is the apartment manager the same as the rental agency? When I rented my place out; the contract was with a rental agency and the building manager had no visibility of that contract.

      • 

        High on 05/06/2015 - 16:52

        Yes managers are also the agency

• 

  QW3RTY on 05/06/2015 - 09:29

  +3

  re: Cleaning costs

  If you are the sole Lessee named on the Lease, and you do not have a subtenancy agreement with your housemates — there's very little you can do to recover the costs of the damages incurred by these Subtenants. Also, as TightAsTupperware touches on — even if you did have a written agreement with the Subtenants, some residential Leases actually prohibit subletting the Premises without the consent of the Lessor. So that could actually constiute another breach.

  I want to break the lease with minimum cost or extend it for at lease 6 months.

  As you've advised, the management is unwilling to renew the Lease. If this is the case, the Lease expiration date remains at 1.5 months from todays date, as you've advised.

  It seems I have to pay 1 weeks lease break fee and need to pay rent until they find a new suitable tenant. I am not sure if this is the normal fee for brekaking lease?

  Yes, this is a normal clause in most Leases. However, you're only liable to pay the rental until the earlier date of either (a) your expiry or (b) the date they find a new tenant. I know that in Commercial Leases you can even be liable to pay the difference in rental between your rental and the new rental if the new rental is lower. Your exact consequences will be expressed very clearly within your Lease.

  Or should I try to make a deal with them? I am not good at negotiating and I am afraid I will end up losing too much.

  You will only "lose out" to the maximum allowed penalties under the Lease. This may include (as you've already said) a Lease break fee and paying the liquidated damages suffered by the Landlord until a new tenant is found or until Lease expiration. Also, if the Premises is still in a condition not comparable to that it was handed over in (dirty/damaged), you will need to pay for the cleaning and repairs/maintenance.

  They said there will be no problem renewing the lease

  Unless they have expressed this in wrtiting in either your offer or your Lease, you're not entitled to a renewal. If you read your section in your Lease about renewals, you will be able to get an understanding of what your entitlements are. Commercial Leases often have Option Terms, where it is the entitlement of the Lessee to exercise their option for a further term — but I'm farily sure that any residential Lessor including this clause in their agreement would be deranged.

  ---

  Too Long; Didn't Read; Sorry bro. Looks like you're paying costs for breaching your Lease agreement.

  • 

    High on 05/06/2015 - 11:23

    +1

    Your exact consequences will be expressed very clearly within your Lease.

    Yeah mate, I will check it out. As stupid as it sounds I haven't checked through it yet.

    Looks like you're paying costs for breaching your Lease agreement.

    I don't think they are punishing me for breaching contract.

    • 

      QW3RTY on 05/06/2015 - 12:03

      +2

      It seems I have to pay 1 weeks lease break fee and need to pay rent until they find a new suitable tenant.

      These were the costs I was referring to. As well as any costs that would normally be payable for making good the Premises of damage and mess.

• 

  the-mal on 05/06/2015 - 09:37

  The questions above need answering! In addition:

  What state are you from? (different rules for different states)

  It seems I have to pay 1 weeks lease break fee and need to pay rent until they find a new suitable tenant. I am not sure if this is the normal fee for brekaking lease?

  This is the default situation, but you're breaking it within the final 90 days notice…so it's a bit different.

  Or should I try to make a deal with them?

  I'd do this. Have you spoken to them? If they don't want to renew your lease they may have no problems with you leaving ASAP.

  Though I think it's nothing but could be worth trying to argue the point.

  Arguing the point will get you no where and may make them resent you. Be nice to them and try to work out the best situation you can. They're perfectly entitled not to renew your lease and they've given you the appropriate notice. Just learn the lesson, don't believe ANYTHING a real estate agent says unless it's written down and signed in blood.

  • 

    High on 05/06/2015 - 11:28

    what state

    QLD.

    This is the default situation, but you're breaking it within the final 90 days notice…so it's a bit different.

    I would love to know how it's different.

    I'd do this. Have you spoken to them? If they don't want to renew your lease they may have no problems with you leaving ASAP.

    I haven't spoke to them yet. I hope we can reach out a solution.

    Just learn the lesson, don't believe ANYTHING a real estate agent says unless it's written down and signed in blood.

    Yeah mate. I should have known.

    • 

      the-mal on 05/06/2015 - 12:17

      I would love to know how it's different

      Contractually it's no different, but the circumstances mean that I'd imagine the real estate may not care when you're out if they've already decided to give you notice.

      Speak to them and see what they say.

• 

  01011010 on 05/06/2015 - 10:41

  what are the details of the notice of break lease, often you have rights depending on what state you are in, to move out quicker.

• 

  nocure on 05/06/2015 - 10:47

  In hindsight..I know this doesn't help but you need to ensure you get a bond from every roommate to cover your costs.

  • 

    High on 05/06/2015 - 11:52

    Yes I had bond from them… just didn't know how to deal with the mess they've made. I might have deducted cleaning cost from the bond but I had not actually seen the mess as I was away, so I just let it go.

• 

  spackbace on 05/06/2015 - 11:02

  +3

  Now I am back from overseas trip and current situation is

  • No one living in the house. Empty.
  • Lease ending after 1 and a half month
  • The house is total mess
  • I still have to pay the rent so it is eating into my savings

  Yeah, good luck getting re-leased. It's not even worth asking. The home owner/property manager has probably gone into the house at some stage, seen the state of it, decided not to renew the lease.

  Next time, look after someone else's property. You were the one that chose to sub-let it (likely illegally), and now someone else's house is a mess and you only have yourself to blame.

• 

  [Deactivated] on 05/06/2015 - 12:11

  How many people were staying in the apartment, and how many bedrooms does it have?

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  01011010 on 05/06/2015 - 12:29

  "The home owner/property manager has probably gone into the house at some stage, seen the state of it, decided not to renew the lease"

  • the owner / landlord should not be entering the property without notifying you first, unless in an emergency.
  • 

    spackbace on 05/06/2015 - 12:57

    +1

    Could've been any sort of complaint, could've been an inspection the OP wasn't aware of (they wouldn't have seen the letter in the mail), it's an apartment so a complaint could've been made to the body corp, and someone might have seen the condition of the interior.

    All possible options, but hard to work out on face value.

  • 

    QW3RTY on 05/06/2015 - 13:49

    +1

    As Spackbace says, they may have sent a letter notifying them of an inpsection. No reply after 7 days. Phone not in service as the Tenant is overseas. More than reasonable attempt to notify tenant.

• 

  mlychn on 05/06/2015 - 15:20

  In QLD, one week's worth of rent is the standard for a break lease fee. If you choose to break the lease, it is in your best interest to make the apartment as presentable as possible! This will increase the chances of finding a new tenant as quickly as possible. Note, you do have to give 14 days notice to the property manager/owner if you want to do this.

  RTA Info here

  • 

    spackbace on 05/06/2015 - 15:29

    In QLD, one week's worth of rent is the standard for a break lease fee

    No it's not. Even in the link you posted, it said you'd be up for re-letting fees, advertising costs, etc etc… The cost of breaking a lease can be huge!

    • 

      mlychn on 05/06/2015 - 15:34

      Read the Fast Facts at the bottom.

      • 

        spackbace on 05/06/2015 - 15:43

        +1

        Sigh
        'Fast Facts' are there as a stupid way of summarising a major legal document on renting a property. By no means should those 3 bullet points be taken as sound advice.

        Oh and thanks for the neg.

      • 

        mlychn on 05/06/2015 - 15:51

        If the owner chooses to charge more than 1 week as a break lease fee, then they are simply not following the "standard". However, they can do this at their own discretion, technically.

        I was just answering the OP's question. He was told he would be charged 1 week as a break lease fee and asked if this was normal. I was telling the OP that yes, this is the standard so at least in that aspect he isn't being ripped off.

        I recently broke a lease in QLD, and paid 1 week's worth of rent as a break lease fee. My real estate agent initially told me they would charge me 2 weeks worth of rent. But I called the RTA straight away as it sounded excessive. They advised that 1 week was the "standard", but they can charge more at their discretion or if it was explicitly listed as one of their fees. I was going to question the agent, but before I could say anything they said they misinformed me and told me it was only supposed to be 1 week.

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  High on 05/06/2015 - 15:52

  Thanks everyone for your comments.
  The reason for non-renewal is not my concern, as they already have given notice and I can't do anything about it.
  I have spoken to the manager, they will need to talk to the owner and will let me know tuesday.
  I suppose break lease fee is not fixed… for my apartment it is 1 weeks rent + rent until new tenant found.

• 

  TightAsTupperware on 05/06/2015 - 22:46

  +3

  Junoz86 I feel at this stage it would also be a prudent option to try and leave on good terms by discussing with your landlords the situation associated with your ex-housing companions and their hygiene levels to clear yourself. If you could do this in such a way to come to an agreement where you can leave your current situation with a good rental reference it would be a plus for yourself in finding a new place of abode.