NSW Legal obligations of tenants after lease has expired

Discussion in 'Property Management' started by Danny370z, 30th Apr, 2020.

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  1. Danny370z

    Danny370z Well-Known Member

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    Question - If two people enter a lease and it expires this becomes a periodic lease ie Month to month correct ? And if one is no longer at the residence both would still be liable for the rent if it was not paid? As per the original agreement ?
     
    Danny370z, 30th Apr, 2020
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  2. wylie

    wylie Moderator Staff Member

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    My understanding is that the terms of the lease are the same, so I'd say yes.
     
    wylie, 30th Apr, 2020
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  3. Danny370z

    Danny370z Well-Known Member

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    Found this on the Residential Tenancy Act 2010
     

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    Danny370z, 30th Apr, 2020
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  4. Danny370z

    Danny370z Well-Known Member

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    Reason I’m asking is my tenant is only willing to pay 40% of the rent now and there is two people on the original lease I was thinking where do I stand with this ?
     
    Danny370z, 30th Apr, 2020
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  5. thatbum

    thatbum Well-Known Member

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    ...so is the reason they gave because the other co-tenant moved out? Isn't their maths a bit off?

    Are you honestly worried about this?
     
    thatbum, 30th Apr, 2020
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  6. Trainee

    Trainee Well-Known Member

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    Where is your pm and why did you let the lease go to periodic?
     
    Trainee, 30th Apr, 2020
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  7. Perp

    Perp Well-Known Member

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    Seems like your options are:
    • accept a new lease with one person at 40% rent,
    • terminate this one (with two tenants) (if unqualified for covid hardship), or
    • negotiate some other temporary variation to the lease (if qualified for covid hardship).
     
    Perp, 30th Apr, 2020
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  8. JoannaK

    JoannaK Well-Known Member

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    In NSW any tenant listed as a tenant, and who has signed a lease agreement is jointly and severally liable for all of the rent and other charges. The vacated tenant erred by not informing you and having the lease and all the associated responsibilities assigned to the remaining tenant. The remaining tenant is clearly clueless as to how legal contracts operate.

    To answer an additional question posed above - in NSW, we are not able, as as they can in QLD, to comple the tenant to remain on a fixed term lease. If the lease expires the tenant may elect to remain on a periodic tenancy (bound by the same terms and conditions).
     
    JoannaK, 2nd May, 2020
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