Breaking Lease in Victoria

[Deactivated] on 30/10/2020 - 19:22

Hi everyone, hoping that someone with a bit more experience is able to help with this situation. I moved to Victoria in March and signed a 12 month lease.

I am moving into a new property from the end of November. I advised the property manager that I would be moving out when they find a new tenant around 5 weeks ago and they listed it on real estate within 2-3 days. (Did not issue a formal notice to vacate, just a phone call then an email confirmation). They haven't found any new tenant, so far there have been no enquiries and no inspections. From the end of November it's financially impossible for me to cover accomodation for both places.

The marketing plan is not working, but also aware it is bad time to try and find tenants. I've posted in a few Facebook pages for lease transfers and on Gumtree but without anyone serious.

Being new to the rules in Victoria, just seeing what I can do in this situation? I understand there may be some Covid-related clauses that could assist? Come the end of November, it would have been on the market for 9-10 weeks, it just seems like spinning wheels and trying to find a way to make this work for myself and the landlord and very hard to find tenants.

Home & Garden

Comments

  • whooah1979 on 30/10/2020 - 19:29
    +1

    You've to bite the bullet and put it on the credit card.

  • tsunamisurfer on 30/10/2020 - 19:33
    +7

    Try to get money out of your superannuation.

    Apply for a loan.

    OP really needed to take the possibility of paying two rents seriously before signing the next contract.

  • WreckTangle on 30/10/2020 - 19:41
    +10

    You signed a contract. Your only option is to keep paying. You can’t claim covid if its not covid related.

    • thatonethere on 30/10/2020 - 22:30

      Actually in VIC you can break lease real easy and walk away. Only after the landlord has made reasonable efforts to re-tenant the property can they come after you for costs. (Yay to be a landlord).

      https://www.tenantsvic.org.au/advice/common-problems/breakin…

      See section on giving up possession.

      • WreckTangle on 30/10/2020 - 23:15
        +2

        Breaking a lease on the grounds of hardship or by giving up possession can be costly. The landlord can claim compensation for any reasonable costs they have to pay as a result of you breaking the lease.

        If it was my tenant i’d absolutely be taking them to court, even in Victoria

        • fredblogs on 31/10/2020 - 12:50

          how much would that cost though

  • godofpizza on 30/10/2020 - 19:55

    find someone for you November property in the mean time.

  • Seraphin7 on 30/10/2020 - 20:02
    +17

    What are you expecting to happen? You entered the lease in March and committed to 12 months. You now want to get out of it because you've chosen not to keep to that commitment. Not only this, but you've decided to it in the middle of an unprecedented lockdown. And you're trying to push the problem onto someone else?

    • AustriaBargain on 30/10/2020 - 22:10
      +6

      And he did this knowing that he had absolutely no cash savings at all.

  • Willco88 on 30/10/2020 - 20:02
    +2

    Yeah you'll be responsible for both unless they find a tenant, that's the law or you can just move and not tell them where and hide Lol

  • AustriaBargain on 30/10/2020 - 20:42
    +7

    From the end of November it's financially impossible for me to cover accomodation for both places.

    That sounds like a you problem, not a landlord or agent problem. End of November, maybe you can find someone yourself to take over the lease who the agent would be happy with. Do you have any homeless friends? Or you could sublet.

  • mafroew on 30/10/2020 - 21:10
    +5

    I am moving into a new property from the end of November

    Why? What made you decide to sign a new lease? (I'm assuming you signed a new one you haven't specifically stated it)

  • Quantumcat on 30/10/2020 - 23:00
    -2

    In Victoria are you not allowed to break a lease? Couldn't he just give notice and then pay a set number of weeks after moving?

    Edit: looked at the link thatonethere posted. That's good news - you won't have to pay anything until they get the new tenant and then you can do your best to argue that they didn't try as hard as they could have.

    • [Deactivated] on 31/10/2020 - 09:11
      +6

      That's giving OP false hope.

      If the case gets heard by a panel of anyone, the first question would be, "why did this guy sign for another property with months remaining on his existing lease?"

      The eventuality of they discussion will always be, "because he thought he could get out of it through this panel."

      • Quantumcat on 31/10/2020 - 09:51

        He did also give them like 12 weeks notice - you'd think they could have found someone in that time. Eg after the first month you'd think they could reduce the rent by $10 or something.

        Actually maybe OP should offer to cover any difference in rent for the remainder of the lease if they agree to advertise it for cheaper. That would cost a lot less than the whole rent.

        • [Deactivated] on 31/10/2020 - 10:12
          +1

          you'd think they could have found someone in that time.

          That's purely speculative.

          after the first month you'd think they could reduce the rent by $10 or something.

          You responded to yourself well. :P

          Seriously, OP did the whole making an ass out of an assumption thing.

          Rock. Volunteer. Hard place.

  • MeesusEff on 31/10/2020 - 00:33
    +1

    A few weeks is maybe understandable, but months out of a 1 year lease is taking the piss a little.

  • elgrande on 31/10/2020 - 07:59
    +12

    The only solution is to sign a third lease.

    • gyrex on 31/10/2020 - 12:39
      +1

      Also sign a lease for a high yield investment vehicle.

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