Breaking a Lease

The painless way to Break Your Lease

 

If you sign a Fixed Term Lease you are still permitted to end (break) your lease but if the Landlord requires then you will continue to be bound by the terms of the lease in as much as you will be required to pay;

•    Rent up until a new tenant moves into the property and takes over the lease
•    A proportion of the reletting fee charged to the Landlord by the Property Manager, usually up to 2 weeks rent plus GST
•    A proportion of the advertising cost to find a new tenant

You can view two documents which set out the Regulations of the Tenancies Branch in respect of this matter;

http://www.sa.gov.au/__data/assets/pdf_file/0007/16099/Formula_for_advertising_and_reletting_fees.pdf

http://www.sa.gov.au/__data/assets/pdf_file/0018/6615/Notice_to_landlord_to_remedy_breach_of_agreement.pdf

So if you wish to break your lease you will need to send written notification to the Agent/Landlord of your intention.   This notice should be signed by all Tenants on the lease then be posted to the Agent/Landlord and should include the following;

•    The fact that you wish to break your lease
•    Acknowledge that you have a debt to make good the Landlord’s loss.
•    A request for the Agent/Landlord to start advertising and start showing the property to prospective tenants immediately (or from what date).
•    Date when you will be moving out
•    Date when we can start showing the property to prospective new tenants
•    Your new address
•    Date for your Final Inspection (if possible)

We further encourage every tenant to preferably break their lease when the weather is fine because in poor weather fewer people are looking for rentals and this will impact on the length of time a home is vacant and therefore the cost to you.

But we realise that this sort of picking and choosing is not always possible so this will need to be your decision.

When breaking a lease you will obviously want another tenant to take over from you but in the short days of winter it is easy to run out of daylight when showing prospective tenants so it can be a huge bonus for you to keep the power connected at the property.   This will aid in presenting the property as best as possible which will speed up the reletting and reduce the additional rent you will need to pay until a new tenant moves in.

Remember, if you have left the property and now want to find someone to take over your lease then really you have become the real estate agent!   So if that is the case then to reduce your liability to the owner you should start marketing the property in the best way possible.   Present clean and tidy lawns & yards, leave no rubbish laying around, keep the house immaculate with power still connected.

Once the Agent/Landlord receives your letter stating that you wish to break your lease they will reply to you advising that they expect you to pay the ‘Lease Break Costs’ which includes a portion of the Re-letting fee & Advertising cost.   Then they will advise that according to the Act they are only permitted to show the property up to 28 days before you vacate.

If you have any question then please contact us or;

Consumer and Business Services
GPO Box 965,  Adelaide   SA 5001
91 Grenfell Street,  Adelaide  SA 5000   Office hours:  9 am – 5 pm
Telephone:  131 882
www.sa.gov.au/tenancy/renters

So if you wish to break your lease we recommend that you inform us in writing immediately or us the form below;

 
   
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