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Breaking a lease in Victoria

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  • 05-06-2009 9:32am
    #1
    littlejukka
    Closed Accounts Posts: 423 ✭✭


    Due to a number of reasons, lack of sponsorship, expired visa and a diagnosis of illness that would be better treated in Ireland, my gf and I will have to break our 12 month lease on a house in Melbourne 5 months early.

    I have looked into our agreement and it turns out that if we leave and they can not find a replacement tenant, we are responsible for the 5 months of rent that we said we would pay until December 2009, whether or not we are here.

    Our agent reckons they will let the property no problem and we are cooperating fully with the providing professional interior shots and an open door to prospective buyers.

    Does anyone have any experience of breaking a lease over here and the possible ramifications if they cannot replace us? My thoughts would be that we can just leave the country and to hell with them, or we could appeal through VCAT and plead hardship and changed circumstances.


Comments

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    #2
    Zambia
    Closed Accounts Posts: 7,333 ✭✭✭Zambia


    No need for huge details, where roughly is the house?

    I would try the replacing the tennant's route. If not just put your case to the landlord and state you are sorry but you have to go.


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    #3
    horse7
    Registered Users Posts: 3,736 ✭✭✭horse7


    what area is it ,and how much is the rent,any pics?


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    #4
    lg123
    Registered Users Posts: 1,039 ✭✭✭lg123


    whats can they do if you just a) leave the country or b) leave the house but stay in Victoria?


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    #5
    nxbyveromdwjpg
    Closed Accounts Posts: 4,402 ✭✭✭nxbyveromdwjpg


    lg123 wrote: »
    whats can they do if you just a) leave the country or b) leave the house but stay in Victoria?
    ;

    Nothing.

    I cant understand why you are even concerned about it, unless its a matter of needing your bond back.

    Just leave.


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    #6
    littlejukka
    Closed Accounts Posts: 423 ✭✭littlejukka


    nm wrote: »
    ;

    Nothing.

    I cant understand why you are even concerned about it, unless its a matter of needing your bond back.

    Just leave.


    the bond is a matter of concern, i wish i could piss away 2000 dollars

    as it turns out they found replacement tenants, a lovely couple who are buying some of our furniture when they move in in 2 days. the only issue now is getting the place in proper order and getting the full bond back.

    if anyone else is searching for this, let me relate our experience.

    we told them 6 weeks in advance, they advertised straightaway for replacements, make sure they do or they (the real estate agent) or they are being derelict in their duty. because we broke our lease they wanted to charge us a reletting fee equal to 1.5 week's rent and the advertising costs of 85 dollars. what they don't tell you, and the tenant's union of victoria will, is that you are only obliged to pay a proportion of these costs equating to the remainder of the lease. so if the reletting plus advertising costs are 600 dollars (just a sample figure) and you move out after 9 months of a 12 month lease you are only obliged to pay a quarter, 150 dollars. our real estate agent tried to charge us the full amount but backed down immediately when we mention the tenant's union and worked out what we owed ourselves.


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