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  1. #1
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    Question breaking a lease!!!

    Hi everyone,


    We broke our lease for our current rental property due to my health and my son's health. My son never had a severe sleep disorder until we moved in to our current rental 12 months ago. He use to sleep from 7pm to 7am. We are in a new home and not trying to be racist but we have New Zealanders all around us which have turned their garage in to another lounge room with tv's and the works etc. They play music 24/7 with very loud bass. Police have been called but they have never done anything. I have had my next door neighbours friends just walk in to my house. and alot of the time they are all either fighting or smashing something when they are not having parties. My Son's Dr and Childrens Health Nurse have seen my son since he was born and know what his sleep pattern use to be like. They both have said it is the neighbour-hood. We have been away and stayed at family members homes which isn't too far from us and our son has never woken up once and slept through the night.





    I lost my job since living at this property due to my always being exhausted all the time due to my son never being about to get any sleep. My Mental Health Nurse ( for my self) has noticed a decline in my health and well being. And she recommeded for our family to move as in the end it will get worse. I gave my real estate agent all the letters that my health nurse, dr and childrens health wrote to them and they dont seem to care. I told them im more then happy to find someone for the property and that im happy to pay for them listing the property online and in the paper. But im not willing to pay rent until they find someone. Im willing to pay for 8 weeks but nothing over that as we wont be able to afford 2 rents plus looking after my children with every day living expenses. There is currently 2 houses for sale in my street and 2 rentals for rent including mine. The other house that is currently for rent has been up for rent for nearly 6 months and we forsure cant afford to pay for that long..




    Should i tell the realestate that im willing to pay up 8 weeks as that is a reasonable amount of time to be able to find someone considering i will also be opening the home in my spare time to people that have contacted me?




    We would have been happy to stay longer but in the end i have to put my own health and safety aswell as my childrens in front of a lease.




    Also we have only 6 Months left on the lease as the real estate locked us in to 18 months lease in the first place!



    Any help would be great thanks

  2. #2
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    Ring the tenancy board in your state to see what ground you stand on.

  3. #3
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    Opps for got to put that in there that i have they told me just to go to vcat. I called the property manager which was really rude and sounded quite p!ssed that i was breaking the lease. I have already been here for 12 months, All she told me on the phone for the whole phone call was see you at vcat.

    Ahh soo annoying

  4. #4
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    The rules are slightly different in each State, but unfortunately you are responsible for the rent until either new tenants are found or the end of your lease, whichever comes first.

    I know that doesn't help your sh!tty situation, but that's the way it is.

    I would ring the authority in your area and see if there is anything else you can do. You are entitled to quiet amenity in your own home, so that with the health issues may go in your favour, but you are probably looking at Court to get a ruling.

  5. #5
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    I should turn my garage into a living room, if I keep parking my car in there people might mistake me for being Australian.

  6. The Following User Says Thank You to BlissedOut For This Useful Post:

    *Cj*  (08-12-2011)

  7. #6
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    as a previous poster has said each state has different legislation but I know here in WA the reasons that you are leaving would not be sufficient grounds to get out of paying the costs of breaking a lease.

    In WA you have to pay the advertising costs etc and continue to pay rent until either a new tenant is found or the lease expires. The landlord has to take reasonable steps to try and mitigate (reduce) their loss though and try and find new tenants.

    I would try negotiating directing with the owner by writing them a letter and if you do not have their address sending it to them via the real estate agent. Explain why you have to leave but do not be surprised if they won't budge.

    Fingers crossed that a new tenant can be found quickly.

  8. #7
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    Quote Originally Posted by BlissedOut View Post
    I should turn my garage into a living room, if I keep parking my car in there people might mistake me for being Australian.
    I dont think the OP was intending to hurt anyone! I live all around the people she has stated and must say if she lives where i live in the moorokyle estate in Victoria which their is a post on bub hub stating how they are quite rough and loud and how they take over the estate then i dont blame her for feeling the way she is feeling.. Im lucky how ever i have Kiwis on both sides of me and they are just wonderful.

    OP If you are in victoria. Just make a application to Vcat. It sounds as tho the Real Estate isn't being helpful at all. I can understand why you are not overly wanting to pay until they find someone if you have lost your job. Has the real estate given the landlord all the documents you have gave them? I would be asking why not if they haven't. I would also be asking them when they will be holding open for inspections and when they will be putting the property for on Real estate.com.au and other real estate websites.

    But if they are not willing to help you out in any way then i would be also as i stated above taking them to vcat. I thought any way they are not allowed to hand out 18 Month leases i thought it was only 12 months at a time. Is that how it is? have you just signed a extra 6 months recently? I maybe wrong is if any one can correct me please feel free.


 

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