Landlord wants to break lease

I'm renting in Qld and have 3 months to go, the landlord wants to break the lease early and has offered 4 weeks comp but I have declined, now the case is with qcat and the hearing is in a month.

They are claiming financial hardship but as I read the email, they are being relocated for work and want entry to the house because of the catchment area for their kids and it appears too expense for them to rent for 3 months while their goods are in storage while they wait for me to leave.

The email contents that the pm has written has to be seen to be believed but overall they state I have no chance and that qcat have advised they won't hesitate to vote in the landlords favour.

Has anyone ever heard of a landlord evicting a tenant on a fixed lease? I would move but I am also struggling ATM with 2 start up business's and have wages and start up costs to bear...

 

I believe most states have a mechanism for such an application from the landlord - that part isn't controversial. Its just whether the grounds are strong enough.

Generally though, financial hardship isn't very strong grounds to terminate a tenancy (either for landlord or tenant). You might want to get your own legal advice however.

 

I have to say that financial hardship is especially odd for a landlord to bring up, because presumably they can use the rental income they are getting from you and rent something comparable...

 

IIRC, tenant initiated lease break is worth 6 weeks if you initiated it, so replicate that + moving costs so you can cover the bond.

 

Tell the PM you intend to fight it. From what you say there is simply inconvenience for the landlord.
Claim financial hardship if you are forced to leave early, citing your business commitments.

However, they have offered four weeks. Try to have that increased to include a cash payment for moving costs, around $2K. You have to move in 3 months anyway.

Friend broke lease when he returned to his PPOR. Cost him $10K to get the tenant to agree to move early. Tenant held all the cards and knew it. Owner Told he had no grounds to apply to VCAT.
Marg

 

I know of someone who bought a house in Melbourne. It was to be their PPOR. Problem was that the vendor had just signed a 12 month lease. The buyer wanted to move in as soon as possible after settlement.

So, both the buyer and the seller offered the tenant $25K each to vacate. The tenant agreed - probably the easiest $50K they ever made.

If I was the buyer, I would have reduced the purchase price by $25K, left the tenant in the property for the new lease and use the buyer's $25K to help cover the rent where they were living.

It's the same old story - everything's negotiable.

 

Landlord has offered you 1 month rent so you can break the lease and move out.

Otherwise you will have to move in 3 months time and find a new place anyway.

Can't really see how you are losing in this deal.

What's your reason for not taking it?

 

They are under no obligation to move early.

 

Everything is negotiable.

If there was 6 months left... I could understand.

But when you look at the numbers, knowing that you're getting kicked out in 3 months, moving out 2.5 months earlier isn't going to change too much + getting 1 months rent too.