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Monthly Archives: August 2018

Ending a Home Rental Agreement

In Australia, you can reside in the house or property you leased from an agent or landlord until the lease agreement doesn’t end. In fact, you can remain a resident in that location until even of the ownership or the rental property changes. And while having a long-term agreement is a stable way to be situated, there might come a time when one party would want to end the agreement.

Either one from the renter, agent or landlord might want to end the lease. For either party, the reason for ending the home rental agreement can be due to a number of different reasons. But regardless of who ends the lease, the reason for the termination should comply with certain guidelines stated by the Australian law. Tenancy and real experts have relevant rental property information to educate you more about your case.

Besides having a legitimate reason for ending the home rental agreement, it is important that both parties oblige to their responsibilities. This step is crucial as it ensures that the agreement ends amicably. This will be possible if both, the landlord and renters are aware of their obligations towards ending the lease.

Renters’ Responsibilities

If it is the renter who wants to end the lease, there are important steps that need to complete before the agreement can be terminated. The first thing you will need to do to end the agreement is submitting a written notice to your landlord or property agent.

The number of days of the notice period will depend on the details of the rental agreement. But in most cases, you will need to wait until the fixed time on the lease is over or about to be over. You can also opt for an early termination, but there are separate rules for that. In normal circumstances:

  • You will need to hand in a notice period of at least 14 days or 2 weeks before moving out of the property. This is what you should do if your agreement is about to expire.
  • In case the lease term has ended but you are still living at the property without agreeing to a new lease, you will in a periodical tenancy. In order to end this tenancy, you need to provide a notice period of 21 days or 3 weeks.
  • If you are ending the rental agreement way before the fixed term ends, you need to be aware that you will be charged some sort of compensation. The rules regulating the early termination of rental agreements are different from state to state. Research and talking to a real estate expert will help you figure out what you need to do.

Other responsibilities include cleaning the place, handing original and copies of the keys back, provide your forwarding address to CBS and landlord/agent and notify the energy supplier to arrange a reading.

Landlord’s Obligations

As a landlord, notice period you have to give to your tenants and other obligations are different. As a landlord, you will need to provide a minimum 30-day notice at the end of the rental agreement’s fixed term. If the tenant continues to reside at the property and the rental agreement turns into a periodic agreement, you need to provide a 90-day notice period.

If you’re ending the lease because of a breach in the agreement like property damage or failure to pay rent, you only need to give a 14-day notice.