Tenant — 'I want to break my lease. If you feel they are not mitigating this loss, contact the RTA for assistance. If you have paid a bond you will need to fill out a Change of bond contributors Form 6. Apply to QCAT to end the agreement due to excessive hardship if you have evidence to support the application. The tenant may end the tenancy agreement early, however they may have to pay compensation if they do not have grounds sufficient reason.
The tenant can be charged reasonable re-letting and advertising costs. The tenant may be responsible for paying compensation for loss of rent until a new tenant is found or the end date of the agreement. You are legally required to minimise costs associated with the tenant breaking the lease. You should start arrangements for re-letting the property as soon as practical. Options You and tenant mutually agree in writing to end the agreement early on a specific date.
Tenant provides you with a Notice of intention to leave Form 13 and you may agree on compensation e. If they have paid a bond they will need to fill out a Change of bond contributors Form 6.
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However, there may be other conditions under a fixed term lease that must be satisfied before this can occur.
For example, there may be penalties in your lease agreement for ending a fixed term lease early or not complying with the terms and conditions of your lease. In some circumstances a landlord may be able to lawfully take all or part of your bank guarantee, bond or deposit if you fail to fulfil your obligations when ending the lease.
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Ending a lease Coronavirus COVID : Relief for commercial tenants and landlords Read about support for commercial tenants and landlords from the Queensland and Australian governments. A lease can end for various reasons including: the lease term has expired you have sent or received a notice for a breach of lease e. Fixed term leases A fixed term lease can be ended according to the terms and conditions set out in the lease.
This may include: giving notice in a particular way giving a certain amount of notice completing documented 'make good' obligations. Redevelopment and relocation For a fixed term lease, a redevelopment clause may allow the landlord to end a lease early to renovate or redevelop the premises.
Termination by mutual agreement Under a fixed term lease, the landlord and tenant can mutually agree to end the lease early. Periodic tenancies A periodic tenancy rolls on a weekly, monthly or yearly basis with no end date. Non-payment of rent Your lease should set out the conditions relating to the payment of rent and the steps that may be taken for non-payment of rent. Make good provision When a tenant leaves the premises, they will generally be required to leave the premises in the condition it was in at the start of the lease.
Recovering your bond, deposit or bank guarantee As a tenant, if you have reasonably fulfilled your 'make good' obligations, the landlord should give back your bond, deposit or bank guarantee.
Also consider Find out more about retail shop leases. See the Property Law Act for other commercial property leases. Previous Commercial leasing disputes. Last reviewed: 7 Jan Last updated: 7 Jan Print Page Print Topic.
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