Early Termination Inquiry
The individual is residing in a location under a fixed-term residential tenancy agreement for 12 months, with a duration of 11 months remaining. The lease is governed by relevant tenancy legislation and includes standard conditions. The individual wishes to exit the agreement early, but such action may incur a break fee as outlined in their tenancy agreement. The rent is set at a weekly amount and is to be paid via Electronic Funds Transfer. The agreement specifies the rights and responsibilities of both the tenant and the landlord, including procedures for early termination and associated costs.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are my options to break a fixed-term lease early, and are there any penalties or fees associated?
In New South Wales, tenants may break a fixed-term lease early by paying a break fee, which is typically outlined in the tenancy agreement. For a lease term of three years or less, fees are generally structured based on the amount of time that has passed within the lease. You should notify your landlord in writing, providing at least 14 days' notice. Review the relevant tenancy legislation for further details.
Can I negotiate with my landlord to terminate the lease agreement early, and what should be included in such an agreement?
To negotiate an early lease termination, you should approach your landlord with a proposal that includes a mutually agreeable termination date, potential compensation for the landlord's re-letting costs, and a plan to ensure the property is returned in good condition. It is advisable to formalize any agreement in writing, ensuring it is signed by both parties.
Are there any specific circumstances or reasons that might legally allow me to end my lease early without penalty?
You might be able to end your lease early without penalty if certain conditions apply, such as mutual agreement with your landlord, significant breaches by the landlord, severe hardship, domestic violence situations, or if the property becomes uninhabitable.
What steps should I follow to ensure I am complying with the relevant tenancy legislation when terminating my lease early?
To comply with the tenancy legislation when terminating your lease early, you should review your lease agreement for any break clauses, provide written notice to your landlord, make reasonable efforts to mitigate the landlord’s losses, and consider any break fees that may be involved.
How can I find a replacement tenant, and will it impact my obligations under the current lease agreement?
You can find a replacement tenant by sub-letting or transferring your tenancy with the landlord's written consent. This may involve certain processes for advertising the property and conducting viewings. However, your obligations under the lease remain until a new tenant is officially approved.
