What Happens If You Break A Lease In Brisbane?

What Happens If You Break A Lease In Brisbane?

Jun 21, 2023 Are you planning to move out of your tenancy early? Breaking a lease in Brisbane, QLD, is certainly one of the crucial decisions tenants may make due to varied circumstances that may arise during the lease. The process is more complex than it seems because tenants must pay compensation if they break the lease early. Therefore, it is imperative to consider the specific terms of your fixed-term tenancy agreement and the certain consequences before moving out of your rented property before the lease date. However, if the tenant or landlord has serious health or financial concerns, they may have an urgent application to Queensland  Civil and Administrative Tribunal (QCAT) for an order terminating the tenancy agreement. Here is a complete guide to help you explore the legal reasons to terminate the lease and what happens if you do it without any grounds.

What are the Legal Reasons For Breaking a Lease in Brisbane, QLD?

According to the residential tenancy laws in Queensland, there are a few legally specified reasons for breaking a lease. You can contact the local tribunal to know on what grounds you can apply for early termination without paying any penalty. Here are some of the reasons that allow for early termination of a lease:

Undue Financial Hardships

Are you in a serious financial crunch due to your tenancy? The Queensland government has legislation that allows tenants or renters to apply to the tribunal and terminate the lease. However, you are liable to pay compensation to cover the potential losses of your landlord, such as the rent. If you have decided to move-out, look for affordable removalists Brisbane in advance and save your money. They can help you relocate precious possessions without causing any damage.

When the Property Becomes Inhabitable

You can also terminate the agreement early if the rented property becomes unliveable. In residential tenancy laws in QLD, the tenants have the right to break the lease if the property poses health hazards. For instance, lack of ventilation, defective construction, poor drainage, defective wiring and lighting issues can be added as legal reasons to leave the property. However, you must submit a repair notice and allow your landlord to fix the issue, depending on its complexity.

Breach of a Lease Agreement by Your Landlord

Tenants have the right to break the tenancy if a landlord repeatedly breaches the terms of their lease agreement or contract. There will be no penalty because landlords must follow certain rules and clauses throughout the lease. The breaches of the agreement can include:

Domestic Violence

Renters in Queensland can break a lease on the legal grounds of domestic violence and abuse. If you are affected by domestic or family abuse, you can end the tenancy with seven days of notice. Make sure you provide evidence and relevant forms to your landlord and leave the property immediately. Here is a detailed guide on rental tenancy law changes in Queensland to know your rights.

If the Property Advertised For Sale

You can apply for tenancy termination if the rented property is advertised for sale within 2 months of signing the contract and you were aware of it. There won’t be any penalties for breaching the lease. You can also find a new rental property and create a proper moving checklist to avoid any chaos. Make sure you book an experienced removals company in Brisbane for the safety of your possessions.

What Happens If You Break a Lease Early Without Grounds?

There is no fixed fee if you terminate the tenancy early in Queensland. But, if you do it without relevant reasons or grounds, you will be liable to pay compensation for expenses and losses incurred by your landlord, such as loss of rent, a re-letting fee and advertising costs.

Financial Penalties

You may end up paying financial penalties that may include the following: Rent : According to the tenancy laws, you may be required to continue paying rent until a new renter is secured or until your lease expires. If you break it early, you have to pay rent for the remaining term. Re-letting Fee: Landlords have the right to charge a re-letting fee to cover the costs related to finding a new tenant. The amount is a portion of your rent mentioned in the contract. Advertising Costs : You may have to cover advertisement costs to find a new renter. This includes the cost of online listings, real estate agent’s fees and signage costs.  Plus, you will need to arrange more money to find the right house when moving out of a rented property. Utility Expenses : You may also pay utility bills until a landlord finds a new tenant or your tenancy ends. Make sure you read the tenancy agreement and check all these clauses before making any payment.

Losing Your Hard-Earned Bond Money

When you sign a tenancy agreement in Brisbane, you are required to pay a rental bond at the start. If you break the lease without grounds, the landlord may claim your full bond money to cover their losses. However, they are required to provide a complete list of claimed deductions within a given timeframe. If you are at the end of your tenancy, prepare the rental property with the help of the best bond cleaners in Brisbane and claim your full bond back.

Legal Action

The landlord or property manager in Queensland has the right to take legal action against you if you fail to meet the obligations after terminating the contract. They can claim to recover outstanding debts, property damages and other costs incurred due to early termination. Make sure you carefully read the rental laws and your tenancy agreement before making the final decision. If you have a valid reason which falls under the legislation, you can pack your boxes of household belongings before the arrival of removalists in Brisbane for a smooth transition of belongings.

Wrapping Up

It is imperative to understand that the specific consequences and penalties for terminating a lease may vary on the terms and conditions outlined in your lease agreement and tenancy laws. So, review your agreement and consult with legal professionals to know your rights and obligations before breaking a lease.