Breaking Lease Due to DV

Discussion in 'Property Management' started by beachgurl, 16th Dec, 2020.

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  1. beachgurl

    beachgurl Well-Known Member

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    I have a tenant who wishes to break the lease on my property due to domestic violence (in NSW). She is the only person on the lease and up til this point I was unaware that there was anyone else living in the property other than her infant child.

    Can a sole tenant break a lease due to DV?
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    Likelihood is yes as the tenant may not be living with the offender or the offender has access to the property.

    Request a copy of a police report or case number if in doubt.
     
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  3. Cadbury99

    Cadbury99 Well-Known Member

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  4. ChrisDim

    ChrisDim Well-Known Member

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    Yes, a sole tenant can break lease. Nothing you can do including asking to rectify damages on property. It is within your rights though to ask tenant to submit proper form and the DV order.

    If it is a real DV situation, I would say support this person on their way to a new place (whilst accepting you will lose some money). It is not a pleasant situation for anyone and best to write it off as cost of doing business.
     
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  5. beachgurl

    beachgurl Well-Known Member

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  6. beachgurl

    beachgurl Well-Known Member

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    She's trying to get out of fixing up the property and paying the rent. Agents have been trying to gain access to the place for 3 months. Just wanted to know if she could try this on.
     
  7. thatbum

    thatbum Well-Known Member

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    Well she would still have obligations up to the point the tenancy terminates - which is usually when she vacates pursuant to the appropriate notice of termination.
     
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  8. ChrisDim

    ChrisDim Well-Known Member

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    Then it is not a real situation. As I said get them to submit proper form and documentation. Otherwise, business as usual.
     
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  9. AxeLy

    AxeLy Well-Known Member

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    Three months yet she has refused access and is unable to provide proper documents. Regardless of the situation -- genuine or not genuine, this tenant is clearly not in the frame of mind to deal with fixing up your property nor to pay the rent. Check with your PM if you could claim from her bond.
     
  10. Hayley Cannon

    Hayley Cannon Well-Known Member

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    The new laws are great for actual DV victims however some may take it and run with it to help with other agendas eg leaving without a break lease fee, not repairing damages.

    If she has not yet indicated that she is a victim of DV have you thought about giving her notice to move on?
     
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  11. inertia

    inertia Well-Known Member

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    If one were being kind, a DV situation could also impact on other aspects of their life, including being in denial about certain things, trying to avoid conflict, financial issues, etc.

    If they are claiming DV, and submit the appropriate paperwork, accept it and move on. Claim from bond if it is permitted, and facilitate them leaving the house asap so you can get a new tenant.

    Cheers,
    Inertia.
     
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  12. beachgurl

    beachgurl Well-Known Member

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    She has already given her 2 weeks notice. She's breaking her lease and is claiming she doesn't gave to pay the penalty due to DV.
     
  13. Scott No Mates

    Scott No Mates Well-Known Member

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    You aren't entitled to any break fees however damage is still claimable.
     
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  14. thatbum

    thatbum Well-Known Member

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    Is she breaking lease or leaving pursuant to a notice of termination? There's a difference.
     
  15. wylie

    wylie Moderator Staff Member

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    I'd just thank my lucky stars and let her go.
     
  16. Scott No Mates

    Scott No Mates Well-Known Member

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    From today's OFT Bulletin - Linky

    Notice is no longer required.
     
  17. Tom Rivera

    Tom Rivera Property Manager Business Member

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    It sounds like this tenant isn't providing you with the paperwork because she doesn't have it. Get her out, fix and re-rent the house, then take her to tribunal.

    If it's a genuine situation and she was in crisis at the time of vacate, unable to provide paperwork and follow the process (it happens), hopefully by the time you get to tribunal she should be stable enough to put herself together and supply what's needed.... If not, then you win your costs and can try to get them back. Hopefully you've got Landlords insurance?

    Unfortunately my experience with these DV protection laws so far is that it's mostly scum taking advantage of them for a get-out-of-jail-free card, and there's not a whole lot you can do about it. But if that's the way it has to be so that genuine victims are able to escape their situations, then so be it, it's worth it. We just need to do our due dilgence and follow the process.