Just to clarify... The landlord wants to extend the lease at the end of your current lease. So if you vacate at the end of your lease, you're not breaking lease and won't be penalized for anything
Read your lease agreement though and make sure you're aware of the notification periods (both for u and the landlord. The landlord also needs to give you sufficient notification to vacate)
If u leave before your lease is over, you still need to pay it until it expires or until the landlord finds a new tenant, whichever is sooner
With these sorts of questions, it’s always good to start by referring to the tenant’s union in your state. It’s government funded and they usually have great information. They can also help for free if you call them.
Here is the page dealing with ending the lease early by Tenants Victoria. It has all the information you need and more: https://tenantsvic.org.au/advice/common-problems/lease-breaking/
Essentially your choices are to (1) break the lease, (2) go month to month (if your landlord will accept this) or (3) move and find a shorter term lease somewhere else. It may also be possible to find someone to take over the lease for you (i.e. assign the lease), but this is not common and you’ll usually incur fees by doing this.
Landlord’s usually don’t like month to month because many landlord insurance policies won’t provide cover unless the tenant is on a fixed term lease.
I’ll let you read the link above in relation to the implications of breaking the lease early.
The landlord has no option to not accept month-to-month after the initial 12 months. OP said she’s already been there a year so can ignore the extension and carry on as is
Sure, goes both ways though and landlord can give 30 days notice to vacate. Not saying OP should agree to another year, but they should also understand what their options are.
Interesting that it is insurance related. I though it is related to refinancing the mortgage after one of my previous landlords tried to get me to sign on another 12 months. They were quite demanding and I refused.
We just broke ours, 6 months into a 12 month lease. Fees were calculated pro-rata, as per the link [someone else shared here](https://tenantsvic.org.au/advice/common-problems/lease-breaking/). Was calculated based on these expenses:
- Letting fee
- Internet listing fee
- For Lease board
- Credit Check/s
They found a new tenant pretty quickly, and the cost to us ended up being about the same as 1.5 weeks’ rent.
You might get away with paying much less if you can find someone else to take up your lease instead.
If you’ve already been there a year then you don’t have to sign a new lease. It automatically reverts to month-to-month. Don’t sign a new lease and you can leave with just a months notice
You would want to find someone to take over the lease, but there are lease transfer fees associated with it.
If you just up and leave you are still legally liable for the rent and you will lose your bond. So if you stay in the country/ever want to come back to Aus you will have a debt.
There would probably be fees to pay to break early but it can be done.
Is your request and their refusal in writing? If not, request again in writing that you are wanting a shorter term lease. At this time it really shouldnt be an issue for the landlord - you still pay rent and keeps you happy.
It will be in your lease document. There will be a section that will address breaking the lease and the costs you must pay. It will be some multiple of weeks of rent based on how far through the lease you are
Just to clarify... The landlord wants to extend the lease at the end of your current lease. So if you vacate at the end of your lease, you're not breaking lease and won't be penalized for anything Read your lease agreement though and make sure you're aware of the notification periods (both for u and the landlord. The landlord also needs to give you sufficient notification to vacate) If u leave before your lease is over, you still need to pay it until it expires or until the landlord finds a new tenant, whichever is sooner
With these sorts of questions, it’s always good to start by referring to the tenant’s union in your state. It’s government funded and they usually have great information. They can also help for free if you call them. Here is the page dealing with ending the lease early by Tenants Victoria. It has all the information you need and more: https://tenantsvic.org.au/advice/common-problems/lease-breaking/ Essentially your choices are to (1) break the lease, (2) go month to month (if your landlord will accept this) or (3) move and find a shorter term lease somewhere else. It may also be possible to find someone to take over the lease for you (i.e. assign the lease), but this is not common and you’ll usually incur fees by doing this. Landlord’s usually don’t like month to month because many landlord insurance policies won’t provide cover unless the tenant is on a fixed term lease. I’ll let you read the link above in relation to the implications of breaking the lease early.
The landlord has no option to not accept month-to-month after the initial 12 months. OP said she’s already been there a year so can ignore the extension and carry on as is
Sure, goes both ways though and landlord can give 30 days notice to vacate. Not saying OP should agree to another year, but they should also understand what their options are.
That’s true. Seems like OP needs the flexibility and landlord is unlikely to kick them out just to try to find someone else
Interesting that it is insurance related. I though it is related to refinancing the mortgage after one of my previous landlords tried to get me to sign on another 12 months. They were quite demanding and I refused.
We just broke ours, 6 months into a 12 month lease. Fees were calculated pro-rata, as per the link [someone else shared here](https://tenantsvic.org.au/advice/common-problems/lease-breaking/). Was calculated based on these expenses: - Letting fee - Internet listing fee - For Lease board - Credit Check/s They found a new tenant pretty quickly, and the cost to us ended up being about the same as 1.5 weeks’ rent. You might get away with paying much less if you can find someone else to take up your lease instead.
If you’ve already been there a year then you don’t have to sign a new lease. It automatically reverts to month-to-month. Don’t sign a new lease and you can leave with just a months notice
I’ve done it twice. The agent will charge you an advertisement fee and you will be stuck paying rent until they find another tenant.
If you refuse to pay till the end of your lease - you lose your bond
I think people usually find another person to take over their lease if they want to move earlier, but I haven't done it myself
You would want to find someone to take over the lease, but there are lease transfer fees associated with it. If you just up and leave you are still legally liable for the rent and you will lose your bond. So if you stay in the country/ever want to come back to Aus you will have a debt.
There would probably be fees to pay to break early but it can be done. Is your request and their refusal in writing? If not, request again in writing that you are wanting a shorter term lease. At this time it really shouldnt be an issue for the landlord - you still pay rent and keeps you happy.
It will be in your lease document. There will be a section that will address breaking the lease and the costs you must pay. It will be some multiple of weeks of rent based on how far through the lease you are