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Query on eviction during fixed term rental period

Discussion in 'Property Management' started by kennyboi, 19th Jan, 2016.

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  1. kennyboi

    kennyboi Well-Known Member

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    Hi,

    In NSW, if I had to evict a tenant for breaches during tenancy fixed period, in terms of compensation to landlord, would the same terms apply as if the tenant break their lease during the fixed period?

    Thanks
     
  2. D.T.

    D.T. Adelaide Property Manager Business Member

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    Tenant can't break their lease during fixed tenancy - they have to pay for rent til new tenant found as well as advertising fees / letting fees. This can be recovered from bond or insurance if the tenant doesn't pay.

    If owner does an eviction for breaches, the tribunal will specify what costs to pay. This could be fixing damage, changing locks, etc. Landlords insurance helps here.
     
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  3. Xenia

    Xenia Adelaide Property Manager Business Member

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    In SA an eviction can certainly be treated as a break lease - same charges apply to tenant if a breach notice is served to tenant and tenant vacates due to notice given.

    If a tenancy is truncated by tribunal order then no lease break costs apply after the termination date.
     
    Last edited: 20th Jan, 2016
  4. D.T.

    D.T. Adelaide Property Manager Business Member

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  5. thatbum

    thatbum Well-Known Member

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    If you mean whether you can seek rent payments from after the date of termination, the answer is almost always no.

    Because your loss after that date is caused by your decision to evict, rather than any breach by the tenant.
     
  6. Nick Valsamis

    Nick Valsamis Well-Known Member

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    Evicting a tenant is different to breaking a lease.

    Normally the break lease fees/penalties will depend on what is stated in the lease.

    However, if you are evicting a tenant based on a breach of agreement, then there may be some compensation if required due to the breach. Eg. rent arrears, cleaning for unauthorised pet, property damage.
     
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  7. kennyboi

    kennyboi Well-Known Member

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    Would that be a loop hole for tenants to get out of a fixed lease by simply breaching terms of the agreement?
     
  8. Xenia

    Xenia Adelaide Property Manager Business Member

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    Yes it used to be like that.
    Not anymore in SA
     
  9. thatbum

    thatbum Well-Known Member

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    Not really a loophole, because you as the landlord have to still take the step of terminating the agreement. You don't have to.
     
  10. Ian Macleod

    Ian Macleod Active Member Premium Member

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    If you are going to give the tenant notice make sure you do it in the correct manner. Depending upon the type of breach you will need to issue the correct notice in the correct form.
    That is, a termination notice for non-payment of rent is different to a notice for breach of the agreement. see sections 82, 87, 88, and 89 of the Residential Tenancies Act, 2010
     
  11. Azazel

    Azazel Well-Known Member

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    Yeah, depends what clauses you have in your lease.
    Do you have a break fee in there?
     
  12. Xenia

    Xenia Adelaide Property Manager Business Member

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    This is in legislation A
    Does not need to be put as a clause in lease
     
  13. Azazel

    Azazel Well-Known Member

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    In NSW there is an option and an amount on the lease.
     
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  14. Xenia

    Xenia Adelaide Property Manager Business Member

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    Oh yeah - sorry yes I do remember reading something like that in these forums.
     
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  15. Azazel

    Azazel Well-Known Member

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    No worries.
    And no need to say sorry - although good on you, that's as rare as a unicorn on the internet ;)
     
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  16. Elives

    Elives Well-Known Member

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    does anyone know if this is true for qcat? etc if a landlord evicts tenant because of breach their is no compensation?

    cheers, Elives