How to Break Your Rental Lease in Gold Coast, QLD

Tenancies are smooth sailing unless there is trouble between the parties or a breach of the contract. The residential lease agreement is the most valuable document for renters and rental providers. It ensures tenants and landlords abide by their legal obligations and perform their duties throughout the tenancy.

A fixed-term agreement can be renewed at the end of the term if both parties agree. However, sometimes, it can end before the term when either party decides to break the lease.

Since it is a legally binding contract, it is vital to understand the circumstances when the tenant can break the lease before the term ends. Exercising this right becomes inevitable in situations like a dire need to move to another city or an unexpected family situation.

Here is how tenants can break rental leases in Gold Coast, QLD, without any hassles. These tips can save them from disputes and unforeseen costs while preparing for inspection.

1. Breaking the Lease in Gold Coast

When the lease is terminated before its end date by the tenant or the landlord, it is known as breaking the rental lease. However, it is permissible only in certain situations and the party that ends the contract must pay compensation for the losses borne by the other due to the early termination. Breaking the lease is only allowed for fixed-term agreements and does not apply to periodic agreements.

Periodic agreements can be terminated only for a specific reason, as per the Residential Tenancies and Rooming Accommodation Act 2008. Both parties must provide the other with notice in advance. The tenant must send a notice of intention to leave, and the landlord must send a notice to vacate the property. The written notice must mention the date of leaving the property and the notice period.

2. Reasons for Breaking the Lease

Tenants have the right to terminate the fixed-term lease without reason by providing a notice to leave. They can also terminate the contract if the landlord breaches the terms of the lease agreement and does not take any action, even after sending notices to remedy the breach. The contract can also be ended if the property is destroyed or becomes uninhabitable.

Tenants can break the lease early if the sole tenant or co-tenant passes away or when the property is put up for sale within two months of tenancy without informing the tenants. It is vital to remember the costs of terminating the lease which include the compensation to the landlord and hiring budget bond cleaners Gold Coast to restore the property to its original condition.

3. Costs Associated With Lease-Break

Breaking the lease incurs expenses, and the tenant must understand that they will have to pay the landlord for the losses due to the early termination of the tenancy. The compensation can be the complete rent amount for the remaining months of the lease or until a new tenant occupies the property. It also includes the advertising costs borne by the landlord for marketing the house to potential tenants.

Conversely, if the landlord breaks the lease, they must pay for the tenant’s moving costs. They should also agree to retrieve the bond, which the landlord cannot claim unreasonably. However, the tenant must ensure they hire professional bond cleaners in Gold Coast to satisfy the landlord and meet the ‘make good’ obligations.

4. Vacating the Rental Property

Tenants who break the rental lease must leave the property reasonably clean to get the bond without disputes. If the renter does not follow the terms of termination given in the agreement, the landlord can claim the bond. Thus, it is essential to clean the property thoroughly with the help of expert bond cleaners in Gold Coast who know the job.

While fair wear and tear is permissible, damage to a rental property is unacceptable and will result in a cut in the bond. The tenant must return all the keys and carefully complete the exit condition report along with photos for evidence. After the compensation has been negotiated, the tenant can claim the bond refund.

5. Resolving Rental Disputes

Although both parties have the right to terminate the lease before its end, disputes can arise over breaking the lease early. With fixed-term tenancies, the landlords are assured of receiving a steady income.

However, the early termination indicates they have to look for a new tenant and sign a new lease, which may not be comfortable for them. Disagreements can also erupt over the rental bond and total compensation to be paid to the landlord.

In such a situation, the tenant can get free assistance from the Residential Tenancy Authority’s conciliation service. It can be initiated by submitting Form 16 with the RTA. The conciliators are unbiased and resolve the issue by making both parties discuss it and come to an agreement. If the matter still remains unresolved, the parties can move to Queensland Civil and Administrative Tribunal (QCAT) to get a judgment.

Tips to Break Your Rental Lease in Gold Coast, QLD

Wrapping up

Breaking the rental lease in Gold Coast is not challenging, but the tenant must be aware of the repercussions. They should be ready to bear the expense of compensation and adhere to the terms of the agreement related to the early termination.