NSW break lease fee - worth trying to negotiate with landlord?

Hi all, I'm asking this question as a tenant.

We have to break our 12-month lease after 4 months, as my partner is taking a job interstate. Our contract includes a break-lease fee of 6 weeks' rent (if we break lease before 6 months)... $4800... ouch!! This is hugely advantageous to the landlord as our apartment is in a popular location and I believe would rent out after the first open house, as it did with us.

Anyway, we signed the lease and I know we have to pay the fee. I was just wondering if anyone has been in the same situation and managed to negotiate a lower break fee with their landlord (e.g. if they managed to find a new tenant straight away)? As a landlord, would you consider such a request?

 

Always worth asking.

 

You cohave is avoid that if you find them a replacement tenant. Just call fair trading or Tenats nsw for exact details.

From memory you don’t have to find nd tentats yourself but can be through agent but you will have to pay for any advertising fees and agent costs.

No advice.

 

I've been through this recently. Fair trading said that I still have to pay the break lease fee. You can try asking the pm but I don't see why you would be exempt from it.

In terms of the break lease fee, the amount will be mentioned on the lease agreement that you signed. If nothing is mentioned, then by default it is set to 4 weeks rent.

 

Whats in it for the landlord? Nothing.

 

What have they got to do with this?

 

Do you have to pay 6 weeks regardless if it’s rented a week after you leave?

That makes no sense.

 

Unfortunately yes... it's specific to NSW leases (as an alternative to having to pay advertising and rent until a new tenant is found). It was a shock when we signed the lease agreement actually, as I've previously rented in WA and VIC. But by then we had already given notice at our old apartment and didn't have much choice but to proceed. While it does give certainty to landlord and tenant, it's like printing money for landlords in high-demand areas.

 

You don't have to agree with it - a calculated risk. If the property is in demand, it will rent. If there's low demand your liability is capped.

 

I know :/ It just seems opportunistic to profit by $1000's at the tenant's expense. They'll end up around $2500 to $3000 on top after paying reletting fees etc. It's an area that's always in high demand, so this clause is always going to be in the landlord's favour.

 

Well buy a place there then, and join the fun! Maybe they should have charged $50 higher rent.

 

No thanks. Had enough of Sydney and it's bloated market - heading back west

 

Well, you did sign up for it.

You could have asked for the alternative if it was "an area that is always in high demand"

 

They hold the bond and advise tenants on how to get their bond back etc.

 

They are not the ones to decide. This is the parties to the agreement and the tribunal.

 

Ivr had heaps of break leases in nsw (actually not break leases, but adandoning)
And i didnt get a cent

 

That's no good - do you use an agent and do background checks first?

I'm not planning on fighting anything... if they want me to pay then I'll pay. Just hoping they'll agree to a smaller fee. Even if they just take the 4 weeks bond rather than 6 weeks it would be great so I'm not forking out extra cash. Interstate move is expensive enough already!

 

oh yes, absolutey,
but PMs arent clairvoyants, they can only give a professional and personal opinion

ive never blamed a PM for when a tenant goes crap, except this one time, when the tenant didnt pay rent from month 1 and then continued to stay for months and then left hte property in such a state the PM said they couldnt even enter the property due to smell, apparently they or the pets use each room as a toilet, while destroying the interior too