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Urgent - Break Lease


justyh

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URGENT BREAK LEASE - Mindarie

 

 

5 bedroom

2 bathroom

Kitchen/Family room

Theatre room

Rumpus room

Laundry

Reverse cycle ducted air con

2 car garage plus room for 2 cars on the drive

Shed

PET FRIENDLY

 

 

We've lived in this house 5 years and are only breaking lease as hubby's been offered (and accepted) a job in Melbourne. Lease runs till 31/05/2018, however, the owner has agreed to reduce the lease term, if required. Both the owner and the agent have been great since we've been in the house.

 

 

$490 per week INCLUDES garden maintenance.

 

 

https://www.realestate.com.au/property-house-wa-mindarie-419184346

 

please message me if you're interested in viewing :-)

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The landlord would obviously not drop the lease price while he has a tenant committed to pay the full amount.

The contracted party has to pay the full amount until someone takes it over so why would they drop the price ?

 

Exactly - at the minute, we're liable for the full rental payment until someone takes over the lease or until the end of the lease. It's not in the owner's interests to drop the rent mid-lease

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Is this usual to keep having to sign a new 12 month lease every time it expires ?

 

I thought after the 1st year it just carries on as a month by month basis.

 

Don't know how it works in VIC but, here in WA, you sign a new lease each time the previous lease expires.

 

We signed a 2 year lease at the end of May, so the current lease expires 31/05/2018. The owner is great though - we get on really well - and she has agreed to reduce the lease term for a new tenant.

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Is this usual to keep having to sign a new 12 month lease every time it expires ?

 

I thought after the 1st year it just carries on as a month by month basis.

 

It's by negotiation. But the tenant has all the power ATM, unless the contract holds them by the short and curlys.

 

They may need to cough up and pay the difference, as rentals are dropping in Perth.

 

Really depends on whether anyone wants the fifth bedroom

 

You get this for $380

 

http://reiwa.com.au/9-lambasa-way-mindarie-3820521/

Edited by newjez
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I presume the tenant could leave the property and the landlord may be able to keep the bond in compensation.

 

In theory the landlord could sue the tenant for the rent for the remainder of the lease, but in practice if they find a new tenant they wouldn't do that.

 

The issue may be more around the tenant getting a reference for the next rental when they have broken a previous lease.

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I presume the tenant could leave the property and the landlord may be able to keep the bond in compensation.

 

In theory the landlord could sue the tenant for the rent for the remainder of the lease, but in practice if they find a new tenant they wouldn't do that.

 

The issue may be more around the tenant getting a reference for the next rental when they have broken a previous lease.

 

We could, in theory, stop paying the rent and walk away from the house and, I guess, the owner would get to keep our bond and sue us, if we did that.

 

However, we would likely be put on a tenant blacklist (I believe there around 3 and that they are national).

 

This is NOT something we're considering - we pay our rent on time (have during the more than 5 years we've been here) and keep the house in good condition. The owner of the house has been absolutely fantastic and we've had an extremely good relationship over the time we've lived here. Jeopardising our friendly relationship with the owner and getting a bad reference is absolutely not an option.

 

Yes, we're breaking lease and, going into that, we knew that we would need to pay the rent till the end of the lease (31/05/2018) if we're not able to find someone to take over the lease. Once we find that someone, they will have to pay the rent until the end of the lease - to help out with that, the owner has agreed to reduce the lease length if the incoming tenant would prefer a shorter lease (did I mention fantastic owner?).

 

What the owner has not agreed to do is to reduce the rent - and why should the owner do that when we're paying the rent and are happy to continue to do so till either someone else takes over the lease or the lease ends?

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Guest The Pom Queen

 

What the owner has not agreed to do is to reduce the rent - and why should the owner do that when we're paying the rent and are happy to continue to do so till either someone else takes over the lease or the lease ends?

I suppose, I'm just talking randomly not just on your personal situation. If you really are tied in to the lease and don't want to let the owner down, but rents in the area have dropped, you could offer to pay $50 a week towards it as well. The only downside is there would be no contract so although you could verbally agree to this, the new tenant as no guarantees

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Guest The Pom Queen
Is this usual to keep having to sign a new 12 month lease every time it expires ?

 

I thought after the 1st year it just carries on as a month by month basis.

Even in Victoria it's by negotiation. Some ask that you sign up for another 12 months, if you don't then it becomes a rolling contract

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No you dont have to, you can get a month to month lease if you request it when your first lease runs out.

 

Sorry, my bad - I perhaps should have been clearer in the fact that I've been talking about fixed term leases and that, if you renew your fixed term lease, you sign a new lease agreement?

 

I've not been talking about a periodic lease - obviously, if I had been, there would be no mention of breaking lease and having to pay rent till the lease ends unless a new tenant is found to take over a lease as, with a periodic lease, you only have to give 21 days notice and you can leave.

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Guest The Pom Queen
Sorry, my bad - I perhaps should have been clearer in the fact that I've been talking about fixed term leases and that, if you renew your fixed term lease, you sign a new lease agreement?

 

I've not been talking about a periodic lease - obviously, if I had been, there would be no mention of breaking lease and having to pay rent till the lease ends unless a new tenant is found to take over a lease as, with a periodic lease, you only have to give 21 days notice and you can leave.

Hi @justyh again this is for general clarification but I know Victoria and Queensland are all fixed term agreements but say your tenancy was due to expire on 21st September and you nor the landlord had got around to signing the new one to give you an extra year/six months it automatically goes on to a rolling tenancy which is done month by month.

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URGENT BREAK LEASE - Mindarie

 

 

5 bedroom

2 bathroom

Kitchen/Family room

Theatre room

Rumpus room

Laundry

Reverse cycle ducted air con

2 car garage plus room for 2 cars on the drive

Shed

PET FRIENDLY

 

 

We've lived in this house 5 years and are only breaking lease as hubby's been offered (and accepted) a job in Melbourne. Lease runs till 31/05/2018, however, the owner has agreed to reduce the lease term, if required. Both the owner and the agent have been great since we've been in the house.

 

 

$490 per week INCLUDES garden maintenance.

 

 

https://www.realestate.com.au/property-house-wa-mindarie-419184346

 

please message me if you're interested in viewing :-)

 

$490 a week!!!! Wow!!! We pay over $600 a week in Sydney for a very average 2 bed apartment. Hope you find somebody who can help you

 

 

Sent from my iPhone using Tapatalk

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  • 2 weeks later...
$490 a week!!!! Wow!!! We pay over $600 a week in Sydney for a very average 2 bed apartment. Hope you find somebody who can help you

 

 

Sent from my iPhone using Tapatalk

 

Apples to apples. The same distance from Sydney CBD as this house is to the Perth CBD gets you this. I think Sydney is actually not bad for renting - certainly makes much more sense than buying..

http://www.realestate.com.au/property-house-nsw-blacktown-419461858

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Apples to apples. The same distance from Sydney CBD as this house is to the Perth CBD gets you this. I think Sydney is actually not bad for renting - certainly makes much more sense than buying..

http://www.realestate.com.au/property-house-nsw-blacktown-419461858

 

you're not actually comparing like with like though, are you? yes, the weekly rent for each property is $490 and the distance to each respective CBD is similar. however the house in Mindarie has 5 bedrooms and is 10 minutes walk to the nearest beach/Marina, while the house in blacktown has 3 bedrooms and is inland. I'd say Mindarie comes out as better value tbh :-)

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