As a tenant, when you sign a fixed-term lease for 12-months, as an example, your plans can change unexpectedly, and you may have to vacate. This does not create a bad mark against your name, nor do you automatically loose your bond. You are however, responsible for all the rent until the day the new tenancy commences, and you are responsible for your portion of the re-letting fee and the advertising. As the tenant, you are still required to leave the property in a clean and tidy state.
As an example; if you signed a 12-month lease for the period 01/01/2020 – 31/12/2020, then in July your work offered you a job transfers interstate commencing 01/08/2020, then you would need to Break the Lease.
The first step is to contact your agent. They will ask you to complete a Break of Lease (BOL) form, or at the very least, send an email with all the details.
The agent will then commence advertising the property and, once a suitable tenant has been found and they have signed a lease and paid the first 2-weeks rent and bond, you (the vacating tenant) will no longer be responsible for the rent from the day the new tenancy commences.
Original lease 01/01/2020 – 31/12/2020
New lease 01/08/2020 – 31-07/2021
BOL portion is 01/08/2020 – 31/12/2020 153 days, 21.86 weeks
Example of BOL formula:
$726.00 (reletting cost) x 21.86 (number of weeks broken) ÷ 39 (3/4 of 12-month lease) = $406.93
The BOL fees are calculated over the whole lease, not just the renewal. If a tenant has been in the property for a long time, their portion is less.
For further advice on this topic contact our office and ask to speak to one of our knowledgeable Property Consultants on 08 8382 3773.
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Breaking lease
23/06/2020
Article posted by Professionals Christies Beach