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    Default Breaking lease qld owners rights

    I need advise as our property manager is not answering the question. Our tenant is breaking the lease ( runs out in a few months) I know they must pay until the end of lease or until a new tenant is found. in all honesty do we have to look for another tenant or can the place remain vacant?
    We were only planning on it being vacant for 2 or 3 weeks before moving back in ourselves so they won't actually be paying until the end of the lease.
    They sprung it on us so we haven't had time to get organised ( or are financially ready ourselves) for the move which is why we need 2 weeks after they vacate

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    You do not HAVE to have your property tenanted.

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    Oops, re read the question. Will post better reply after dinner.

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    They aren't really breaking the lease given they will continue to pay until it runs out or there will be other tenants put in there. The fact you plan to move in 2-3 weeks before their lease would have legally run out is your choice.

    At the end of the day tenants don't have to renew the lease. If you aren't ready financially, why don't you put someone else in there?

    I hope that didn't come across harsh, I guess I just don't understand what the tenants have done wrong?

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    Yes you must look for another tenant, although this will be at the current tenant's expense.

    You're legally obliged to take reasonable measures to replace the tenant. If you don't intend to, because a new lease doesn't tie in with your plans, do the right thing and release them from the lease.

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    Quote Originally Posted by delirium View Post
    They aren't really breaking the lease given they will continue to pay until it runs out or there will be other tenants put in there. The fact you plan to move in 2-3 weeks before their lease would have legally run out is your choice.

    At the end of the day tenants don't have to renew the lease. If you aren't ready financially, why don't you put someone else in there?

    I hope that didn't come across harsh, I guess I just don't understand what the tenants have done wrong?
    Maybe I didn't write the question right as you seemed to have missed the mark.
    Their lease runs out at the end of the year. They are moving out early.
    My question is ( legally not morally/ ethically) do we have to search for a new tenant or can we leave vacant and they just have to keep paying.

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    Are planning on moving 2 weeks after they leave or after their lease run out?

    How many weeks after they move put will they have to pay rent?



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    No, you don't have to get a tenant for the time until you are ready to move in.

    However, they won't be liable for the rent for the rest of the lease term if you don't take reasonable steps to find another tenant to mitigate the loss caused by them moving out before the end of the lease.

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    Quote Originally Posted by maternidade View Post
    Maybe I didn't write the question right as you seemed to have missed the mark.
    Their lease runs out at the end of the year. They are moving out early.
    My question is ( legally not morally/ ethically) do we have to search for a new tenant or can we leave vacant and they just have to keep paying.
    When you said a few months, I read that as maybe 2, not 7. They are responsible for paying for any possible advertising to refill the house, or continue to pay until it's filled but you have to try to fill it.

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    Quote Originally Posted by maternidade View Post
    My question is ( legally not morally/ ethically) do we have to search for a new tenant or can we leave vacant and they just have to keep paying.
    Yes, legally you must search for a new tenant. You must ask for reasonable rent on reasonable terms, and if you don't they have every right to bring you to the tenancy tribunal.

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