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  1. #1
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    Default Breaking lease wa

    HEY GUYS, we have just brought a new house and have had to break lease , we still have 4 months left on the lease. We have contacted the real estate and informed them,moved out , have cleaned house and advertised on gum tree. The real estate agent does not really want to help out because we are liable for the lease until it ends . Has anyone been in this situation and had a happy ending ?? any advice , whats legal , would be appreciated..cheers stressed mum.

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    Hi, I used to work as a PM in WA, and while you are responsible for rent etc until the end of your lease, under the act, the agent has to minimise your costs. Therefore they have to advertise and actively be trying to get new tenants. Give the Department of Commerce a call. They should be able to advise of your rights and what the agent has to be doing. IMG_1477726480.295590.jpg

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    Hi Batestella - it happens all the time, and should be fairly straightforward. I'm sure that the PM will advertise for you (they are obligated to) however probably didn't jump as quickly as you would have liked her to? Was it on Friday afternoon?

    There are a few other items that you're responsible for, not just the rent. You have to upkeep the gardens, reimburse the owner for the remaining portion of the letting fee (that the agent charged to the owner for your arranging your lease), the security of the premises (for example if it gets broken into and damaged), vermin, water meter reading, etc etc.

    Perhaps you could offer a sweetener to any prospective tenants, for example offer to pay their first week's rent once they sign a lease? Just be careful making agreements until you're all sure that they have signed a lease, perhaps pay directly to the agent?

    Best of luck.

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    Default Breaking lease wa

    If our tenants break a lease they have to pay the advertising and breaking of lease fee of 1 weeks rent ( which is what the owner would have to pay us to find a new tenant and obviously won't pay again as that's what they paid to find you) check what your lease states as what you signed for is all they can charge you

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    I broke a lease although it was 12 yrs ago. I had the place professional cleaned and it better then when I moved it. I also maintained the gardens until the end of the lease and had someone check on the property a couple times a week. I also left a small lamp on an auto timer for certain times of the night. Just before the actual lease was up the cleaner went back in and so did the Gardner, electricity was disconnected that week to after the agent did the final inspection. It didn't rent out for 4 months after I left which was 2 months after the lease ended. It was a small town in nsw though

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    The owner is likely to be keen for it to be re-let - having a rental property vacant for more than a certain period of time (can't remember how long) can void the landlord's insurance.

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    Your lease will have the details of what their break of lease policy is (eg. If there is a reletting fee, you pay advertising, etc). It will also state how much notice they require. If you haven't given them much notice they may not be rushing as they are used to working to a 1 month timeframe for reletting. Did you inform them in writing (email OK, phone call not enough)? Have you received a letter back confirming the break lease terms?

    When we broke a lease in WA we had to pay rent until they could get another tenant in. In our case this was 1 week after we moved out, they had a tenant approved and signed up after the first open (a week after we gave notice) but generally they want a week between tenancies to ensure the place is clean, do any repairs, repaint if required, etc.

    Each time I've broken a lease (Vic and WA) I've been told we'll be liable for readvertising, but never been charged as they just put it onto the internet with file photos.

    I'd jump on the real estate website and look if the house is on there. If not and you've done everything by the book, you may need to follow up with the tenant's rights group (sorry, don't remember the name).

  8. The Following User Says Thank You to Stretched For This Useful Post:

    batestella  (30-10-2016)

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    Quote Originally Posted by Californication View Post
    Hi, I used to work as a PM in WA, and while you are responsible for rent etc until the end of your lease, under the act, the agent has to minimise your costs. Therefore they have to advertise and actively be trying to get new tenants. Give the Department of Commerce a call. They should be able to advise of your rights and what the agent has to be doing. Attachment 85870
    Thank-you,Iwillgivecallcheers

  10. #9
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    thank-you

  11. #10
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    hey guys, thank-you all for your great advice , i will contact PM and offer sweetener hope it works , cheers ..


 

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