Silvia Club of NSW

Just after some information from people that either KNOW the law or have been through a similar situation.

2 people are living together in a rental property. They have both signed the lease, and paid 1/2 bond each. They have a falling out and 1 decides they want to leave before their lease is up.

What happens here? Does the other person then get loaded with the full burden? Is the other person legally bound to pay for whatever part of their lease is remaining (like leaving a mobile phone contract early)? Does the bond then get released at the end of the lease or can the other person get theirs back and you then have to "top up" the amount of the bond?

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Cruise & Event Photos

Probably of no help at all, but..

If one tenant decides to leave and the remaining tenant is happy to carry on the lease, you need a paper stating this arrangement and a signature from both tenants.

So, I would assume that without the proper signed documents. Both tenants are still bound.

I would suggest you ask the real estate. I am sure they will be happy to give you some free advice.

i believe the owner would have to be happy with only a single person paying the rent (assuming they could afford it).

EVERYONE on the lease is liable for ANY money owing.

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M35 Stagea.info @ http://www.m35stagea.info/

The only clean way out of it is to both go to the real estate agent and remove one person from the lease and the other tops it up. That assumes that one can afford to stay in the property.

If you just leave it then at the end of the day the real estate will give you your deposit back (minus any money withheld) in a cheque with both names on it and then the bank will need you both at the same place to deposit it into anything other than a joint account.

Otherwise, you both move out, inform the real estate and then you are liable for losses by the owner for any time that the property is vacant if you are still within your lease period.

Fun hey?

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meh

If both parties have signed on the contract then each party is binding in regards to a contract signed. If one party decides to leave due to a personal matter with the other tenant, then this has no value to the person leasing the property.

1- the party leaving must pay out the rent or,
2- a mature agreement between the parties who were living in the property must sign a contract regarding the remaining rent.

easiest way to do things is have a written letter sent to the real estate agent, stating that the other party is moving out and that their name is to be removed from the lease. It must be signed by all persons listed on the lease.

It must also state that the remainding people on the lease will take on the full burden of the weekly rent.

The last thing that must be stated on the lease is what will happen with the bond. Easiest way to do it is for the person leaving the rental house to be paid back their bond by the other tennants, and then on the letter make it known that the person leaving has had their share of the bond fixed up by the other tennants and that they sign over their portion of the bond which has already been payed to the real-estate agent.

Hope this all makes sense

they have to pay their half of the bond...
and have the position left either filled or its left up to you upon your agreeance to fill the missing person or not urself...

If they leave and u want to make it hard they must continue to pay untill someone fills their half of the lease agreement.

Gf had similar prob but the fuk wit stole furniture too...
and grafiti'd neighbours door...

Dont go to the real estate. Go to fair trading as they are the ones that govern everything and tell u the rights and stuff

With regards to this, I was in the same situation a few years ago with a friend, we had a 6 month lease, paying almost $350/week for a 2 bedroom unit in Gosford.

Anyway, 3 months in, he gets a job in the Gold Coast, so he decides to pack up and leave, as we had signed paperwork with the realestate to say I was paying 50% of the lease, and the other person was paying 50% of the lease, he had 2 choices:

A) he advertises the property, finds a suitable candidate, signs his side of the lease over to that person, and they take on the lease until the period of the contract has ceased

OR

B) He continues to pay his lease, even though he is no longer living there.


At which point, when the contract period is up, if the lease is not renewed, the realestate can return the bond to both parties in seperate cheques, direct transfer, etc (estate dependant).

Basically, because both parties are on the lease (smartest thing you could ever do), they are legally responsible for their share of the lease and other expenses (such as cleaning and upkeep of the property).

If they leave before contract time, they have to either get someone else "suitable" into the property, or pay their side of the lease up in a timely manner.



Depending on how the contract has been drawn up, if you both draw up contracts stating you will accept and pay 50% lease payments, then your only liable for 50% of the lease, no matter if the other party leaves or not (this is how I had contracts drawn up when sharing, that way if the other party left, I continued to pay as normal, and the estate agent chased and black listed the other person, not both of us.

Fair trading are also the people that hold onto the Bond while you lease, but they hold onto it for the realestate, who takes the bond from you on behalf of the owner of the property.

It is advisable to notify fair trading that a tenant has left the premises before the contractual period is expired, therefore they will then be aware of any possible issues that could arise.

B.