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It's important to understand the proper way to break your lease

There are many reasons why you may need to vacate before your lease officially ends. If a fixed term agreement ends before the final date, this is considered breaking your lease. 

A tenancy agreement is a legally binding document, so there is a procedure to follow if the lease needs to be cut short. Knowing the procedure and what you have to do can provide a real benefit if breaking the lease is necessary.

Why would you break your lease?

There may be a wide range of reasons as to why breaking a lease may need to happen. Perhaps you have a new job that requires you to move, or you’ve found a property that suits your situation more. There are plenty of personal reasons that may require breaking your lease.

Sometimes it is for unfortunate and unforeseen reasons that force you to break your lease. For instance, if you have lost your job, or there have been family issues within the household. In this instance you may need to claim hardship, which allows you to possibly end the tenancy early without the usual costs.   

Regardless of the reason for breaking your lease, you must provide your property manager with written notice of your intention to vacate. This would be in a letter or email. There is no formal minimum notice we require, but it is highly recommended that you give as much notice as possible.

Fees

Most times there are costs involved with breaking a fixed term lease. These costs cover:

  • Payment of rent until another tenant is found, or until your end of lease date
  • Break lease fee
  • Cleaning
  • Advertising expenses
  • Repairs.

The cost of breaking your lease may vary, depending on your landlord and the situation. It is best to talk to your property manager who will discuss the final fee with you. 

A Periodic Lease is different

A periodic lease is an agreement that runs for an indefinite length of time, there is no finish date. You may choose to end your lease whenever you like, however you still need to provide written notice.

We require a minimum of 28 days notice for Victoria, 14 days for Queensland and 21 days for New South Whales. A periodic lease break entails no break lease fees, however the usual costs like cleaning and repairs still stand. 

What to do after you’ve given notice

After you have given your notice, and the fees have been discussed, it’s quite like a normal end of lease process. You will need to empty the property and make sure it is ready for its final inspection. We recommend that you book a bond cleaner, to ensure that the final inspection runs smoothly and none of your bond will be claimed for extra cleaning or maintenance.

Tenant transfer

Another option you have is to transfer your lease to someone else. Instead of breaking your lease, you could find someone that would take your position in the tenancy agreement. This could avoid having to pay for most of the fees and enables you to pass the rent onto someone else.

Keep your property manager informed

Every break lease situation is different, as reasons and circumstances vary with every tenant. Make sure you let your property manager know as soon as possible and keep them in the loop along the way so that the breaking of your lease runs as easy as possible. There are specific and varied rules for breaking a lease in Queensland, New South Whales and Victoria, so it is best to research further into what procedures apply to your situation.