Breaking lease in Victoria

Kidaway on 01/09/2019 - 22:52

Hey guys,

I have signed a 2 years lease and currently I’m left with 4 months before the lease expires. During the past 1.5 years, there were many occasions of breaches by the Landlord, including but not limited to serious flooding in the garage and balcony and replacement of carpet. These have been documented and notices of breaches sent.

In the lease, there’s special conditions which I must compensate 3 weeks of re-let fee and to pay for advertising and be responsible for the losses until a new tenant can be found and/or expiry of lease.

I have sent my intention to terminate my lease in advance (say 2 months before date of vacation) and it seems that I have yet to receive a response from the agent.

What’s the best option moving forward? I’m happy to pay a 1 month compensation but a 2 months notice - if the Agent has advertised - I’m sure it would been have re-let by now.

Home & Garden

Comments

  • thatonethere on 01/09/2019 - 23:20

    Looks like you stuck with paying until they find a new tenant. https://www.consumer.vic.gov.au/housing/renting/ending-a-lea… if you don't think they are trying hard enough you have to go to VCAT.

    If the landlord has 3 breaches for the same thing you can given notice to vacate on the third. https://www.consumer.vic.gov.au/housing/renting/ending-a-lea…

    "The landlord has breached a duty owed under a duty provision for the third time (and has been given notice twice before to remedy the breach of that duty)."

  • Some Guy on 01/09/2019 - 23:22

    The lease is the lease but you can try to negotiate your leaving terms. You're pretty close to the end of the lease so they know they're up for a new tenant. Whether they're motivated to finding one according to your schedule is up to them. Their motivation may be influenced by your co-operation in allowing open-inspections and presenting a clean house for them. You're only asking them to bring forward their search by a month or so but they may see this as an opportunity to nab a months rent.

    I am interested to know how flooding is a breach of lease though. Is there a clause that prohibits, or holds the landlord responsible for, severe weather or burst pipes or however the water got there? I tend to think that "sh1t happens". He's certainly responsible for cleaning up such accidents of course.

  • atris17 on 02/09/2019 - 01:34
    +4
    • Serious Flooding in garage and Balcony
    • Replacing Old carpet to New Carpert

    As long as the landlord fix any legitimate problem within reasonable time, your reasoning for breaking lease is weak. Expect the landlord to play hardball with you as he/she will think u r treating him unfairly. Best to allowed the landlord to have an open house ASAP, so someone can replace you. This mean giving the landlord access for potential applicant to inspect the property

  • newjerseydamo on 02/09/2019 - 07:23
    +2

    You have 4 months left. Suck it up and move out at the end of the lease.

    Sounds like you're grasping at straws to suit your own agenda.

  • Gronk on 02/09/2019 - 09:25

    Serious Flooding in garage and Balcony
    Replacing Old carpet to New Carpert

    What were the breach notices sent for? Was the landlord too slow in fixing those problems you mentioned above?

    Generally a breach notice is used to compel the landlord or agent towards some course of action, you can generally only use it to break a lease if the landlord has been issued multiple breaches for the same problem.

    Regardless of what's happened previously, you're bound by what's in your rental contract, so if it states you'll be up for X amount of rent plus a re-letting fee then that's where you're at, regardless of how long you think it should take for the property to be re-let.

    • HighAndDry on 02/09/2019 - 13:33

      Also just re: the carpet thing - landlords just can't charge for replacing the carpet after its depreciable life (7-10yrs from memory). They have no obligation to replace the carpet in the middle of a fixed term lease though. OP?

  • Typical16-bitEnjoyer on 02/09/2019 - 09:58
    +2

    What’s the best option moving forward?

    Pay your rent.

    You can leave early but you still need to ensure the property is maintained and kept safe.

  • stratbargain on 02/09/2019 - 10:46
    +1

    "I have sent my intention to terminate my lease in advance (say 2 months before date of vacation) and it seems that I have yet to receive a response from the agent."

    I assume you followed up with a phone call confirming they received it? I assume you've checked online to see if they've advertised it? You need to get on the phone with them and ask what you can do to assist in the process.

    • HighAndDry on 02/09/2019 - 13:28
      +1

      I'm not actually sure OP giving "notice" even does anything. In terms of the lease, OP isn't entitled to terminate even by giving notice. By the same token though, the landlord isn't allowed to kick OP out at the end of the notice period (before the end of the lease) just because OP gave notice either - so the landlord would not be able to advertise the property for rent early in any case - e.g. if OP decides not to leave according to their notice, they're allowed to stay and the landlord would have conducted marketing and possibly even signed a new lease with a new tenant that they now can't abide by.

      The only certain way from the landlord's view is if OP actually vacated the property - then OP doesn't have a right to come back, even within the lease's fixed term period, and the landlord could safely and confidently actually re-list the property for lease.

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