What Happens If I Break My Tenancy Agreement

15 Apr

This fact sheet includes terminating a fixed-term lease. If you are in a current periodic lease agreement (if the fixed term is over or is not indicated), please see fact sheet 09: you would like to leave). If the tenant or landlord has undue difficulties (for example. B serious financial or health problems), it can make an urgent request to QCAT for an order to terminate the agreement. However, QCAT may also order payment of compensation, even if the contract is terminated. If you leave a rental property before the end of your tenancy without the landlord`s consent, you remain responsible for the rent. The landlord can withdraw money from your rental deposit or apply for a court order to recover the unpaid rent. According to the NZ rental service, fixed-term leases can only be changed if a landlord and all tenants agree. Any agreement should be written down and contain what has been agreed. The landlord and tenants must keep a copy. This means that there are two leases at the same time for the property: you usually need to get the agreement of your landlord and other tenants to end your fixed-term rent.

If you end your lease, it will end for everyone. If you violate a tenancy agreement or lease, your tenant has the right to terminate the lease before the expiry date. Technically, you didn`t break the lease – you did. Although subletting is possible, a much simpler alternative is attribution. This is the time when a tenant finds someone to replace him in the tenancy agreement. This new person assumes all the obligations of the tenant under the tenancy agreement. In this case, you must obtain written agreement from the owner. Most of the time, a tenant will seek to terminate a tenancy or lease early because they have to move elsewhere, for whatever reason. You don`t need a definite message (unless your lease says otherwise).

What should you do if a tenant breaks his lease? Continue to follow the tenant for rent or do you switch to another tenant as soon as possible? If you don`t know how to do this, you`ll end up losing more money than necessary. Read this information instead if you have a periodic or rolling rental contract. You probably have a periodic lease if your last lease has no end date or if that date has expired. Check your lease under “Additional Terms.” If the break fee is shown (see below), this is the amount you must pay to the owner. However, they may continue to try to negotiate a lower amount. Without a good lease, it becomes more difficult to have a successful owner-tenant experience, while a tenant rents from you.