Breaking a fixed term lease

If you wish to leave the house or unit before the end of a fixed term (eg 6 or 12 months) lease, there are certain responsibilities you have to consider, so you need to discuss the matter with the landlord as soon as possible.
The landlord may let you end the tenancy early. If they do, ask for it in writing. If the landlord doesn't agree to end the lease early, you may have to find another tenant to take over the lease - this is called assignment or transfer of tenancy.
If the landlord won't let you assign or transfer the lease to someone else, you may have to pay some costs to leave, such as:

• The rent until a new tenant moves in or until the fixed term of the lease expires;
• advertising costs for a new tenant;
• a re-letting fee;
• the difference between your rent and a lower rent for the rest of the fixed term if the place is let at a lower rent;

If you abandon the place you may have to pay compensation to the landlord for any loss, including rent.

Hardship

If you are breaking the lease because your personal or financial circumstances have changed eg loss of a job or illness, you can apply to the Local Court to have your lease terminated early under the hardship provisions (Section 99) of the Residential Tenancies Act (NT)

What if the landlord wants to end the lease early

The landlord cannot end a lease during the fixed period unless you, as the tenant, have done the wrong thing under the lease agreement, eg caused serious damage to the property or failed to pay rent when due. If you don't fix what you’ve done wrong then the landlord may go to the Commissioner of Tenancies or a court and get an order to have you evicted.

Next | Previous