Lease break - would we have a leg to stand on?

Hi All,

We recently moved from Adelaide to Brisbane and secured a rental property in Manly West prior to the move.

We requested a 6 months lease, the owner wanted 12, so we settled in a 9 month lease.

We are 2 months into our lease and although we are happy with the property itself, we back onto a block of units where we have witnessed and experienced some serious domestic violence. Not a day goes by where there is no shouting, screaming, swearing, slamming of doors, smashing of things being thrown around or some sort of disturbance. This sort of behavior is definitely not something my kids have ever been exposed to (or should be).

As we only signed a 9 months, got 7 months left plus we going to be away for a month, we might just see it out, but just wanted to know if we had a leg to stand on if wanted to break our lease?

Cheers,
Robbie

 

You'd have full break lease costs. Being you're still in the first 25% of the lease term means 2.2 weeks letting fee, reimbursement of advertising costs and rent til the day new tenancy commences. The amount of letting /advertising costs does pro-rata down based on duration over time.

The stuff going on at the neighbouring property is irrelevant, owner / PM has no control over that.

 

Thanks, as mentioned, we happy to see out our lease

 

See if you can negotiate with the landlord?

 

If there's a disturbance and you're worried about your kids safety, you should be reporting it to the police.

 

Doesn't apply to Brisbane Property... Relet costs will be "reasonable" as dictated by the Break Lease Agreement, which in most cases through Qld is 1 week (plus GST)

 

Ah, I thought he meant moving from his Adelaide one into the Brisbane one. Yes all states vary wildly on break lease definition and costs. I should do up a tip thread on this.

 

Sorry Robbie but your agreement with the LL is for the 9 months (7 remaining). The LL has no control over what happens out on the streets so if there is something that is a concern for you and your family you would need to report this to the relevant authorities.

Once your 9 months is up there would be no break lease and you would be free to move without penalty or you can resign up again for another fixed period if you choose to.

 

This would be the best and wisest course of action. Likely there are other activities occurring that the perpetrators would not the boys in blue to become aware off so a visit may just calm things down.

 

I would be referring the severe domestic violence onto the police. That's something someone should never be subjected too. Your phone call may end up saving that persons life. Sorry to be Debbie Downer but have had a close friend in same situation.

 

You can break the lease. It's not a black mark on your history and there's no penalties involved. You just have to agree to pay the landlords reasonable costs of re-letting which is usually rent until the changeover of tenants and a let fee (1wks rent + GST). Sometimes they'll charge advertising.