Dan Jade Posted July 7, 2013 Share Posted July 7, 2013 we have a studio apartment in surfers paradise, and we are wanting to break the lease but don't know how to go about it. when we first moved in the front door was broke and still hasn't been fixed ( 2months ago) also we locked ourselves out of our apartment last week by total accident, it was only 5.30pm in the evening, we rang our landlord whose response was ''it is not my problem, i am not your babysitter, sort it out yourself'' This resulted in us having to sleep in our apartment block foyer (the nights when it was torrential rain outside) with no jackets on or warm clothes, with no access to a toilet & if we left the hotel foyer we had no access to get back into our apartment block as we didn't have our keys, purse or credit cards nothing. So really I am looking for a little bit of advice as to whether any of the above are liable excuses to break our lease? I was so upset and angry in the morning my partner had to go get our landlord to let us in as I would have blown at him. Any help would be awesome...cheers Link to comment Share on other sites More sharing options...
Alaska Posted July 7, 2013 Share Posted July 7, 2013 :mad: That's shocking! Do you deal with an estate agent or just the landlord? Have you issued a "Notice to Remedy breach" about the front door? That's what we had to do about an issue. I would call the RTA for advice as they are pretty good here in Queensland they helped me out with some really good advice. They will let you know your rights. Their website is pretty good too. Good luck - sounds horrendous. Link to comment Share on other sites More sharing options...
Dan Jade Posted July 7, 2013 Author Share Posted July 7, 2013 we deal with a estate agent. we told them about the front door when we first moved in because we had to fill out a form stating any problems with the apartment and still to this day it has not been fixed Link to comment Share on other sites More sharing options...
NickyNook Posted July 7, 2013 Share Posted July 7, 2013 I'm a landlord and I certainly wouldn't appreciate being called by a tenant just because they've locked themselves out. Why didn't you call a locksmith? That would be the normal thing to do - and that's why they have 24-hour call-out services. It's hardly the landlord's fault you decided to sleep in the foyer.. Link to comment Share on other sites More sharing options...
Tickled Pink Posted July 7, 2013 Share Posted July 7, 2013 You're saying 'us' and 'we', therefore suggesting more than just one of you. One could have stayed in the foyer to let the other one back in, so one of you could have left to try and sort something out... Link to comment Share on other sites More sharing options...
Sammy1 Posted July 7, 2013 Share Posted July 7, 2013 we deal with a estate agent. we told them about the front door when we first moved in because we had to fill out a form stating any problems with the apartment and still to this day it has not been fixed The normal procedure is to call the real estate agent, not the landlord ( unless it is a private rental). The real estate agency always has spare keys and if it is outside of office hours, then they will charge you a fee to come out and give you a key/unlock door. What you should have done if you were unable to contact the real estate agency was to pay for a locksmith to come out. It is not the landlord's fault or responsibility that you chose to sleep in the foyer. However, it is their responsibility to fix the door if it was broken when you moved in. Link to comment Share on other sites More sharing options...
Dan Jade Posted July 7, 2013 Author Share Posted July 7, 2013 I would understand the issue of calling our rental agent if it was a later time but it wasn't so you can take your negative comments elsewhere thank you, I wanted advise on breaking a lease not be lecture because I don't know the "normal thing to do" Link to comment Share on other sites More sharing options...
Sammy1 Posted July 7, 2013 Share Posted July 7, 2013 I would understand the issue of calling our rental agent if it was a later time but it wasn't so you can take your negative comments elsewhere thank you, I wanted advise on breaking a lease not be lecture because I don't know the "normal thing to do" Not a lecture, but useful advice for next time you lock yourself out...... As for breaking your lease, in theory anyone can break a lease ( I had to as I was moving for work), but you are responsible for paying all advertising costs and paying all rent until a new tenant is found. I suppose if your door is not fixed in the near future you may then have grounds to be released without penalty. However, you will be laughed at if you put the 'locking yourself out' as grounds for release. It was your fault and you could have sorted it out by calling the real estate agent without bothering your poor landlord who obviously had much better things to do. Link to comment Share on other sites More sharing options...
Dan Jade Posted July 7, 2013 Author Share Posted July 7, 2013 Obviously a mix up with terminology for me landlord means real estate agent.... So I shall rephrase ... I called my real estate agent who told me to sort it out ourselves, having only been here for a few weeks I wasn't aware of lock smiths etc & having no money I'm sure a lock smith or whatever would not have come out anyway! And I won't be locking myself out again... FACT! Link to comment Share on other sites More sharing options...
Sammy1 Posted July 7, 2013 Share Posted July 7, 2013 Obviously a mix up with terminology for me landlord means real estate agent.... So I shall rephrase ... I called my real estate agent who told me to sort it out ourselves, having only been here for a few weeks I wasn't aware of lock smiths etc & having no money I'm sure a lock smith or whatever would not have come out anyway! And I won't be locking myself out again... FACT! Ok, well in that case the estate agent was obliged to come and let you into your apartment! They may have charged you a fee to do so - that's all. Sorry, ( hence the confusion) but the two are very different - landlord and real estate agent. Sounds like a crappy estate agent then. Link to comment Share on other sites More sharing options...
Alaska Posted July 7, 2013 Share Posted July 7, 2013 we deal with a estate agent. we told them about the front door when we first moved in because we had to fill out a form stating any problems with the apartment and still to this day it has not been fixed This isn't the same as the "Notice to Remedy Breach" form. This is what you need and you can get it from the RTA website. Yes, they should've done it by now but this form means they (correct me if I'm wrong someone) legally have to come and sort it out within a fixed period. We had a broken dishwasher for 7 weeks when we eventually issued it and they came and sorted it within days. The RTA really are your first port of call. Link to comment Share on other sites More sharing options...
buzzy--bee Posted July 7, 2013 Share Posted July 7, 2013 we have a studio apartment in surfers paradise, and we are wanting to break the lease but don't know how to go about it. If you wish to break a lease you advise your real estate agent. They then advertise for a new tenant to take over the lease. You pay the rent until the new tenant is found, you also pay all advertising costs to find the new tenant and any other costs that you cause the landlord or real estate agent by breaking a legal contract (which is what you are doing). Failure to repair the door is a different matter and the two cannot be linked. BB Link to comment Share on other sites More sharing options...
starlight7 Posted July 7, 2013 Share Posted July 7, 2013 I would stress to them that having a broken front door is an insurance issue, also. It would probably nullify any claim for theft for one . If you break your lease you might have trouble getting your bond back though. Link to comment Share on other sites More sharing options...
Candygirl Posted July 7, 2013 Share Posted July 7, 2013 We are a firm of locksmiths and the onus is on your landlord/rental agent to have the door secured properly. No insurance company would ever pay out if a property is not secured adequately. My advice would be to speak to the landlord/rental agent as it appears that you will still be living in the property whilst it is being marketed for a new tenant, still putting yourselves and your possessions at risk. Good Luck. Link to comment Share on other sites More sharing options...
Mongrel Posted July 7, 2013 Share Posted July 7, 2013 I'm a landlord and I certainly wouldn't appreciate being called by a tenant just because they've locked themselves out. Why didn't you call a locksmith? That would be the normal thing to do - and that's why they have 24-hour call-out services. It's hardly the landlord's fault you decided to sleep in the foyer.. Why when the rental agents have a key Link to comment Share on other sites More sharing options...
Mongrel Posted July 7, 2013 Share Posted July 7, 2013 How come you're locked out when the front door is broken Link to comment Share on other sites More sharing options...
Mongrel Posted July 7, 2013 Share Posted July 7, 2013 I would stress to them that having a broken front door is an insurance issue, also. It would probably nullify any claim for theft for one . If you break your lease you might have trouble getting your bond back though. It can't be a insurance issue on security as the op was locked out or is one a consequence of the other Link to comment Share on other sites More sharing options...
Guest Ptp113 Posted July 7, 2013 Share Posted July 7, 2013 Obviously a mix up with terminology for me landlord means real estate agent.... So I shall rephrase ... I called my real estate agent who told me to sort it out ourselves, having only been here for a few weeks I wasn't aware of lock smiths etc & having no money I'm sure a lock smith or whatever would not have come out anyway! And I won't be locking myself out again... FACT! You aren't aware of locksmiths?? Where do you come from, Mars! Link to comment Share on other sites More sharing options...
starlight7 Posted July 8, 2013 Share Posted July 8, 2013 How come you're locked out when the front door is broken Good point! Something a bit suss there I have to say. Link to comment Share on other sites More sharing options...
scottery Posted July 9, 2013 Share Posted July 9, 2013 Leases cant normally be broken unless there has been sufficient negligence from the LL or estate agent. Good luck ! Maybe advertise on gumtree for someone to take over the lease. Link to comment Share on other sites More sharing options...
jen85 Posted July 9, 2013 Share Posted July 9, 2013 Leases cant normally be broken unless there has been sufficient negligence from the LL or estate agent. Good luck ! Maybe advertise on gumtree for someone to take over the lease. Not true, anyone can break a lease at any time there doesn't need to be negligence however if the door not secured then you may have grounds to minimize the financial cost of breaking the lease. You can't have someone else take over the lease either, if you have signed the contract with a real estate agent then you are liable to that property for the term agreed. Link to comment Share on other sites More sharing options...
Dan Jade Posted July 9, 2013 Author Share Posted July 9, 2013 We have 2 doors to our apartment, front door has a key card and second door has a key.... The key card door is broken & left the key for the 2nd door in the apartment = locked out! Nothing suss! thanks 4 the helpful replies guys, spoke to RTA & all sorted Link to comment Share on other sites More sharing options...
Tickled Pink Posted July 9, 2013 Share Posted July 9, 2013 But I thought you said you couldn't leave the foyer all night because you would be locked out.... if this door is broken, then you wouldn't have been locked out... Link to comment Share on other sites More sharing options...
Dan Jade Posted July 9, 2013 Author Share Posted July 9, 2013 Sorry Tickled Pink - don't really understand your point? The issue is now being dealt with with regards to the front door to our door to our apartment being broken (not the foyer door) which you need a key card to access (which at the time of being locked out, we did not have) END OF! Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted July 9, 2013 Share Posted July 9, 2013 Thread closed at request of OP Link to comment Share on other sites More sharing options...
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