Advice on Ending a Lease Early

Dear all I'm currently renting a house with a one year lease.

I've lost my job a while back and has recently got another offer which will require me to relocate interstate next March.

My lease will be expiring in April next year and I will need to end it a month earlier.

-The rent is putting a strain on me financially but I still need a roof over my head and have been paying it promptly with my savings all these while
- there's an old pool at the back which I'm supposed to get a certificate of compliance for but never did.
-since staying here there has been more than 8 visits from various technicians for inspections and repairs, sometimes on a very short one day notice and sometimes even without..

Hoping to get some advice here on the possibility of getting my bond or part of it back and what are the possible repercussions that I'll need to be wary off before meeting up with the agent next week..

Many thanks in advance.

[edit] I'm in NSW

Comments

  • Read the website from the rental authority of your state.

  • +6

    I think you might need to be upfront with the agent and let them know to talk to the landlord.
    You're picking at straws for the pool and visits really.
    Let them know you lost your job, your only option was to get a job interstate and you want to work with them to make sure yourself and the landlord aren't financially impacted too much.

  • +2

    You could put an ad on gumtree that you need someone to take over the lease. Search for 'lease break' to see other ads like that. If you find someone suitable your agent will probably be happy that they haven't had to spend the time and advertising

    • Yes do this, then you can spend the next few months with parents or friends hopefully rent free, and keep some of your savings

  • +2

    Have you also checked if you were paying insurance fees with your Super? You may find that you are eligible to receive some money through that.

  • Rental environment in Sydney (not sure if you are there) is very competitive, from landlord finding tenant perspective. They are reducing rents and even asking applicants what they would pay, just to fill units etc. If you are in regional NSW it could be worse.

    The landlord will likely not budge on the lease and you will lose your bond if you leave early and have strike on your record.

    I think the advice to advertise on Gumtree is your best bet, and be flexible to top up the rent to make it more attractive.

  • First step would be to go and see, not phone, the REA and see what the scenario is that they propose.
    As it is only 1mth out of the 12 the owner may be lenient and if the property is in good condition let you off early?
    You never know until you ask.

    • As it is only 1mth out of the 12 the owner may be lenient and if the property is in good condition let you off early?

      As a owner, why would I give up a month of rent?

      You'll only get out early IF you find someone else to fill the place instead.

      Otherwise its all gain to the renter and nothing to the owner.

      • You’re not giving up one month of rent. You’re just pretending the lease is finishing one month sooner. Not a huge thing really if the place is in a high demand area and reasonably valued.
        If i had an investment property, i’d totally do that small favour for a good tenant who never gave me trouble.
        Doesn’t sound like a good tenant though since he mentioned crap about a pool and repairs.

        • You’re not giving up one month of rent. You’re just pretending the lease is finishing one month sooner. Not a huge thing really if the place is in a high demand area and reasonably valued.

          But if its not in a high demand area and sits empty for a month, you are GIVING up a months rent.

          If i had an investment property, i’d totally do that small favour for a good tenant who never gave me trouble.

          Doesn’t sound like a good tenant though

          So….. then you're back to not giving them a free month rent by letting them out a month early ;)

  • +1

    You could tell the REA that you've lost your job and is running out of money. They'll then start to find a way to keep or kick you out.

  • My lease will be expiring in April next year and I will need to end it a month earlier.

    You're better to just suck it up and pay the month, all other options are going to cost the same.

  • +1
    • there's an old pool at the back which I'm supposed to get a certificate of compliance for but never did.
      -since staying here there has been more than 8 visits from various technicians for inspections and repairs, sometimes on a very short one day notice and sometimes even without..

    WTF does this have to do with you wanting to break your lease?

    If it is what I think it is, it is a very lame but laughable attempt at invalidating the agreement.

  • -1

    Find a replacement tenant, simple solution.

    If you can’t find one lower the rent, and make up the shortfall

  • +1

    In your lease agreement did it say you were supposed to get the pool certified?

    Getting a pool certified is not always that easy…. and may lead to costly modifications to make it compliant.

    I would have thought the owner (regardless what the lease says) would be responsible for making the pool compliant.

  • +1

    The joys of renting and living under the thumb of someone else. Just cop it on the chin and move on. Good luck with your new job and the move.

  • +1

    Make an appointment with your real estate agent and get some face to face time. Have a chat and be honest with your involuntary change in circumstances.

    Despite their reputations, not all real estate agents and/or landlords are a**holes. They're human too and they also have an interest in your ability to pay the rent. Who knows - you could be pleasantly surprised by what they can do - especially since it's only a month or two.

  • In most states the pool regulations have been made very tight. Its a landlords responsibility to get a pool compliance certificate for their rental properties otherwise the property can not be rented. It's a non negotiable strict requirement and the landlord is responsible not the tenant(in most states Inc nsw) . Your landlord may be in breach of legal requirements giving you a way out of your lease depending on what nsw pool safety laws are.

    https://www.olg.nsw.gov.au/public/my-home/swimming-pools/sel...

    We had to get pool compliance certificate as landlords for the property we rent out in queensland a couple of years ago when similar rules were implemented here and we paid through the the nose as there's no way around it.

    Read the safety law, assess your situation and have a transparent chat with the property manager. Also note January is the preferred rental start period for agents and landlords. There's a chance they might be happy to advertise sooner and find someone quick.
    Cheers!

    • I forgot to mention non compliant landlords can get hefty fines(16-17k in qld). You may not only be able to break your lease without penalty but could also claim portion of rent back you've paid for living in a non compliant property with compromised safety. The courts don't take kindly to landlords with lack of care for safety and non-compliant properties.

  • This is from my point of view as a landlord in VIC.

    My tenant broke the lease recently. Basically, they had to pay the re-letting fee and advertising fee on a pro rata basis. Ie, if they lived there for 6 months on a 12 month lease they pay half. It is an expense but it isn't the end of the world.

    As a landlord it is kind of annoying, but as a human being, I think this is around about fairly balanced between both the parties. You should check the regulations in NSW.

    If the regulations are the same or similar why don't you move out ASAP and move to a cheaper rental closer to your new work; giving you more time to settle. You obviously need to do compare the monetary aspect of a couple of scenarios, then compare that with the practicality aspect.

  • Rent out a bedroom, wait til agent finds out and kicks you out.

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