Rent/lease breaking help

[~clover~]

Mum & Dad moved into their place at the end of December last year. They were told by the RE & the owner that they would be fine to stay in the place for 3 - 5 years & signed a 12 month lease (I think, it may have been 2 years).

About 3 months ago, the owner stopped by & let them know that they were going to ask mum & dad to move out before December so they could rebuild the place & put in holiday units. There is already one there at the back of mum & dad's place.

So anyway, mum & dad decided they'd better get their act together & find a place to buy. They let the RE know exactly what was happening, & she said as long as they get something in writing closer to the day, fine.

So they were breaking their lease, but the owners were going to break it anyway.

Then the RE has decided that they owe more money coz they didn't give 3 weeks notice. Now according to the rental guide, its 3 weeks notice outside a lease, & 2 weeks towards the end of a lease. No time limit we can see during a lease. Mum gave them all up 10 weeks notice, but they didn't get it in writing til about 2 weeks before they were out.

The RE wants them to pay the extra rent up to 3 weeks from the date notice was given. Thats not right is it? Mum's going to try to claim the bond herself, coz she thinks they'll claim this extra rent out of the bond, when they shouldn't. As far as we can see, mum & dad do not owe this money.

Does that make sence? We are right aren't we?

[Indadhanu]

I think technically if you break a lease they can ask you to pay the rent until they find someone else to occupy the house.

[skybie]

as a rule its generally 28 days written notice when vacating a rental whether its at the end of lease or a broken lease. and if u beak a lease theres generally a fee for doing so.
so ur parents would have to pay 28 days from the date written notice is given.
it sounds like the real estate is being a bit dodge, but ur parents will most likely have to pay the 28 days.
if they still dnt think its right that they should pay it, take it up with the tribunal(sp?)

[danniellabella]

I think technically if you break a lease they can ask you to pay the rent until they find someone else to occupy the house.

I know that this is the rule in SA. We just broke our lease 2 months early. Didn't have to give a specific notice period, just had to tell the RE what date we wanted to to the exit inspection and hand back the keys so they knew from what date they could get a new person in. But we have to pay rent until the new person signs a lease (today) and pay advertising and a portion of the re-letting fees. We should get the final calculations of what we owe in advertising & re-letting fees and any outstanding rent and what our bond return will be in the next few days.

You'll need to read the residential tenancies act for the state your parents live.

[~clover~]

Yeah, I'm not sure about that. See it was the owners that wanted them out. So they could rebuild or whatever. They wanted them out before December. So technically it was the owners choice. Mum & dad would've happily stayed on for a few years.

Also, the RE for some reason is re letting it. I don't know why. I guess 3 months of fees is better than none? Its actually less than 3 months now, so I have no idea how they plan on doing it?

[PinkPalace]

i guess what your parents need to check is if they got it in writing from the RE or landlord about a leave date.
then they would have a leg +to stand on. even if it is in an email or something?

[Madissun]

Can they call the Rental Board hun and find out from them? I cant remember their exact name but they are supposed to be able to give you the right info about this sort of thing. GL!

[Indadhanu]

They'll need either something in writing saying that the owners were asking them to break lease, or they need to contact them now and get it in writing that they officially asked them to leave. Otheriwse it could have just been a fleeting thought by the owners, and its possible they haven't even thought any more about it KWIM? Just one of those "you know what we should do..." kind of moments, but then decided against it.

[~clover~]

Well I just printed some stuff up for mum to look at from the tenancy nsw website. What she should've legally done, what they should've legally done etc.
Hopefully she'll work something out from that.
Thanks

[misty]

If they have someone else to take over the lease then they cannot ask for you to pay that rent, but they can ask for the rent to be covered until the new lease begins.

Having said that, because of the circumstances (ie, being asked to leave) the residental tribunnal has a bit of 'grey' area, which means the outcome could vary (in favour of your parents) if this went to tribunnal.

[bon]

If the owner wanted your parents to leave before the end of the lease, they should have been given official written notice, otherwise they were under no obligation to go anywhere. Now, because the owner never actually provided anything in writing to the effect that he/she wanted them to vacate the property, it is being interpreted as your parents just wanting to break the lease with no reason. A grey area for sure - but the RE are not necessarily in the wrong for asking for the extra rent.

[Jennifer13]

I haven't read all of the responses, but if the owners did not give them notice in writing that they wanted them to move out before the end of the lease, then I think it technically still falls under the 'breaking a lease' rules. Why don't you contact the Residential Tenancies Tribunal for some advice? They are usually pretty good about coming down on the side of a tennnant.

Have your parents discussed this with the owner, btw. Because the owner can simply notify the RE agent that they are happy for the lease to be broken with no penalty.

[~clover~]

Ok. I'll find out a bit more later. Her bond claim from the RE did just turn up here, so when she comes to get it we'll know what's claimed & whats not.
They are usually a little more easy going on some of that stuff here, so I think mum thought that since the RE knew the owners wanted them out, then they didn't think they needed the owners eviction in writing iykwim.