- May 3, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Break Lease Process and Additional Costs
### Queries about Break Lease Process
Good Morning,
Just had a quick question about the break lease process and the additional costs. As I understand when you break lease you are still on the line for costs accrued by the home owner until a new tenant comes into play. What happens if a new tenant signs a lease, has a move in date secured and then backs out of the arrangement? Is the original lease holder still on the line or does this financial burden pass onto the new tenant who backed out of the deal?
Any insight would be greatly appreciated.
### Edit: Western Australia Lease Situation
Edit: this is in Western Australia.
The lease is worded fairly ambiguously. “The tenant is liable to pay any damages and losses to the lessor that the lessor suffers or will suffer as a result of the tenants breach. The lessor must endeavor to reasonably mitigate the lessor’s damages and loses.”
Was just curious if anyone had experienced something like this. Real estate was given 4 weeks notice on the termination of the lease. Over 50% through the duration of the lease. 5 home opens provided so far. Was informed by real estate they had chosen a new tenant and the new tenant was moving in on X date. Then they turned around and said the new tenants backed out of moving into the place and original tenants are still on the hook for costs.
Weekly rent was increased from $650 to $750 for the new lease.
Nothing in the contract states a maximum amount you can be on the hook for with breaking the lease, or when responsibility passes.
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Read your contract. Pretty simple.
I would say its up to the new signer. Once the contract is signed they are liable and held to it.
You don’t have to guess.
Look at your contract. It’s usually 4 weeks rent if you’ve stayed less than 50% of the lease term at the worst, and at best 1 week’s rent if you’ve stayed 75% of the lease term or more.
Your rental agreement will tell you exactly what the consequences are and what you need to pay.
If you need more help then post some photos of those pages.
> As I understand when you break lease you are still on the line for costs accrued by the home owner until a new tenant comes into play
It depends on the state you live in. In NSW, that’s not the case.
It depends on rhetoric state. In QLD you pay advertising costs and rent until a new tenant is found to take over your lease, until the lease ends.
With vacancy rates so low, it shouldn’t take very long to find a suitable tenant to take over the lease.
If the new tenant has signed a contract, they are on the hook. That’s how the contract works.