Ending an agreement early / breaking a lease
A fixed term tenancy agreement ends when the end date has been reached and the tenant/resident gives the property manager/owner or provider notice that they will be leaving.
It may end at any time if the tenant/resident and property manager/owner or provider agree mutually in writing.
It may also be ended if there is another issue including those mentioned on the Ending a tenancy agreement page.
Always talk to your property manager/owner and try to come to an agreement if you need to move out early
Under all other circumstances, if the tenant/resident or property manager/owner or provider end the agreement early (also known as a break lease) they may have to pay compensation and/or remaining rent until the end date in the agreement. A tenant/resident ending a tenancy agreement early may be asked to pay re-letting fees.
A letting fee is a fee charged by an agent to the owner of the property for the service of finding a new tenant at the start of a tenancy. A tenant may be asked to pay a re-letting fee if the tenant wants to end the agreement early, transfer their interest or sublet the property.
- The property manager/owner
can charge reasonable costs incurred in re-letting the property (e.g. costs associated with tenant checks, advertising the property for rent).
- The industry standard for a re-letting fee is generally equivalent to 1 week's rent.
- It is not rent and therefore not GST exempt and the tenant pays the GST component of any re-letting fee.
- Tenants/residents should ensure their forwarding address is included on the Refund of rental bond form (Form 4) that is submitted to the RTA.