If you know in advance what's involved in ending your lease, everything is likely to run more smoothly. Don't add to your stress by overlooking something that counts.
FORMS REQUIRED:
If vacating during a Periodic Agreement (lease has expired):
If Breaking Your Lease (lease has not expired):
Ending a tenancy agreement
A tenancy agreement is a legally binding agreement that can only be ended in certain ways.
An agreement may end:
- When a fixed term has ended (correct notice has been given)
- During a periodic agreement (correct notice has been given)
- If the property manager/owner mutually agree in writing to end a fixed term
- There is a serious un-remedied breach (e.g. for unpaid rent, damage to the property, illegal use of property, property owner fails to maintain property)
- A serious breach of the agreement occurs in the same way more than twice in one year (QCAT order)
- The tenant has not complied with a QCAT order
- The tenant has abandoned the property
- The property is to be sold (and the tenant is on a periodic agreement)
- A mortgagee is in possession of the property
The person ending the agreement must use the correct form and comply with the appropriate notice period.
Notice periods for ending a tenancy
There are rules and timeframes that must be followed when ending a tenancy. A tenant, property manager or property owner can all issue a notice ending a tenancy. If the correct notice and form are not used, the other person may ask for compensation.
When serving notices by post, the sender must allow time for the mail to arrive when working out when a notice period ends. A tenant must give at least 14 days' notice. The tenancy ends on the end date of the agreement or the end date of the notice period (whichever is longer).
Notice periods are:
- Periodic agreement: 14 days
- Fixed term agreement: 14 days
Ending the agreement early (Break Lease)
A tenancy agreement is a legally binding agreement. If it is broken, compensation may need to be paid. If a tenant ends a fixed term agreement before the end date they are breaking the agreement. This is also known as breaking the lease.
Compensation
Money may be owed to the property manager/owner as a result of breaking the lease. This is considered compensation. These are the items expected:
- Payment of rent until the property is either: (a) re-let to a suitable tenant approved by us and the landlord or (b) until the end of the tenancy agreement.
- Re-letting fee: Typically, 1 weeks rent + gst
- TICA Database Checks (as per Break Lease Form)
- Advertising Costs which include relestate.com.au. for rent lists etc.
Advertising Payment Upfront:
You must pay an advertising amount of $297.00 before we can re-advertise the property for rent. It is your responsibility to ensure the funds have been transferred and advise us via email that it has been done, once receipt is confirmed, the property can be uploaded.
EFT Details are:
Natgroup Promotions
Commonwealth Bank
BSB: 064-474
Account: 10133528
Reference: Property Address + "Break Lease Ads"
Leaving the property
You must leave the property in the same condition as when they moved in. All the keys must be returned (even extra keys the tenant had cut).
Carpet Cleaning and Pest Control
At the end of a tenancy the tenant must leave the property in the same condition it was in at the start of the tenancy.
Carpet Cleaning
The tenant must ensure the carpets are professionally steam cleaned to that same standard at the end of the tenancy. A receipt MUST be given to the property manager as proof of professional carpet cleaning being completed.
Pest Control
If the property was free of pests at the start of the tenancy the tenant must ensure the property meets that same standard at the end of the tenancy. If you had a pet at the property a pest control spray must be done. A receipt MUST be given to the property manager as proof of professional pest control being completed.
Exit Condition Report
The Exit condition report (Form 14a) shows the condition of the property and any inclusions (e.g. furniture) when the tenant leaves.
The Exit condition report is an important part of the process. It is compared to the Entry condition report (Form 1a) to determine if the property is in the same condition as when the tenant moved in.
What to do
- Tenant thoroughly cleans the property
- Tenant vacates the property
- Tenant and property manager/owner complete the Exit condition report
- Property manager/owner sends a completed copy of the report to the tenant
Once the property has been vacated, if there is no repairs or cleaning to be done, a bond refund (as long as no money is owed to the property manager/owner for rent, damages or other costs) will be prepared.
Tenant: Completing Exit Report
- Complete and sign the form
- Take photos/video to support your views
- Remember to get a water meter reading (if you are being charged for water)
- Give a copy to the property manager/owner
Tips for moving out
Clean the property thoroughly before you move out or hire a professional cleaning company to do it for you.
Kitchen
- Clean all cupboards (inside and out)
- Wash all countertops and surfaces
- Clean inside and outside of oven, microwave, dishwasher, fridge, defrost freezer (if supplied)
- Clean cooktop, grill and rangehood
- Clean sink and taps (including descaling)
- Clean windows, window sills/tracks, window and door frames and fly screens
- Sweep/vacuum and wash floors
Bathroom
- clean sink, toilet and bath (including taps)
- Clean tiles
- Remove any mould from walls/tiles and ceiling
- Wash shower curtain/clean shower doors or enclosure
- Clean all surface areas, shower rails and mirrors
- Sweep and wash all floors
Other rooms
- Dust and wash all surfaces
- Dust and wash door and window frames and window sills/tracks
- Clean mirrors
- Dust fans
- Wipe outside of air conditioning units, clean filters
- Clean out any cupboards or wardrobes
- Dust and clean skirting boards
- Vacuum and wash floors
Outdoor areas
- Mow grass, weed and trim edges
- Clean out any leaves or debris in the pool (check for any special conditions in the tenancy agreement)
- Sweep external areas
- Empty and wash out bins
- Remove any oil stains on driveway or in garage
- Remove cobwebs
General
- Remove all rubbish from property
- Get carpets cleaned and pest control conducted if specified in the agreement
After the property is cleaned
- Move all your possessions from the property
- Complete the Exit condition report (Form 14a), in a systematic way (room by room) and use extra pages if needed. Download Form
- Ask for a copy of the Entry condition report (Form1a) from the property owner/manager if you do not have one. It will be compared to the Exit condition report.
- provide your forwarding address to the Property Manager
Share houses mean shared responsibility
If more than one tenant's name appears on the lease, you are co-tenants. In a co-tenancy, you are all equally responsible for following the correct procedures when ending the lease.
Handing in keys:
- All keys, fobs and remotes given to you at entry, including those you may have had cut, MUST be returned to our office before 5pm on your vacate date.
- We will itemise what has been returned and get you to sign a handover document as proof of return.
- You CANNOT leave keys, fobs and remotes inside the premises.
- You will be required to continue to pay rent for each day past your vacate date that you still have possession of the keys and/or they have not been returned to the office and signed back in.
- If keys are not returned, the cost to change locks, cut keys and replace fobs and remotes will be taken from the Bond.
Cleaning and Repairs Required After Vacate:
- The property must be cleaned and left in the condition it was handed to you.
- You may not send trades (cleaners/gardeners) to the property after you have vacated and the keys have been handed back.
- You will not get a chance to go back and clean/repair items after the keys are handed back so please ensure this is done prior to vacating. Use your Entry Report as reference to ensure the property is left in the same condition as when you moved in.
- Should there be any repairs, cleaning etc required, a tradesperson will be organised to complete these items and payment will be taken from your Bond.
- Should this exceed your Bond you are liable for an immediate payment of the balance of funds owing.
You have not officially handed the property back to us until:
- All keys, fobs and remotes have been returned to our office and signed back in.
- You have provided us with your Exit Report.
The bond cannot be used as your final rent payment
You must treat the bond separately from rent. In fact, you could be fined for treating any part of your bond as rent. This includes at the end of a lease.
Save some energy for notifying suppliers
Give your energy suppliers plenty of notice that you are leaving, so they can organise final meter readings. You should also give your new address to your home phone, internet or pay TV providers.
Consider redirecting your mail and leave a forwarding address with the property manager.