Lease breaks - Ending a rental agreement.
What it means to break a rental agreement.
When a renter or resident departs from a property prior to the conclusion of the rental agreement or without providing any prior notification, it constitutes a breach of the rental agreement, also known as breaking a lease.
What are the reasons a renter can end an agreement early without paying such costs?
Renters of residential properties may be allowed to terminate their lease early without incurring any fees or breaching the agreement under certain circumstances. However, this only applies to renters of residential properties and not to those residing in rooming houses or caravan parks. It is still mandatory for the renter to inform the rental provider using the appropriate form and to provide the minimum amount of notice, even if they are eligible to leave early.
Reason a renter can end an agreement early - Minimum Notice Period
The property doesn’t meet minimum standards before the renter moves in - Immediate notice
A long-term agreement was verbal or didn’t use the right form - 28 days
The rental provider has refused to make changes a renter has asked for so that the property is suitable for someone with disability - 14 days
The renter needs special and personal care, and needs to move to get this care - 14 days
The renter is moving into social housing - 14 days
The renter needs temporary crisis accommodation - 14 days
The renter was given a Notice of intention to sell unless the rental provider disclosed the proposed sale before entering the rental agreement - 14 days
Renters of residential properties may be able to exit their lease early without violating the agreement and may be exempt from paying fees under certain circumstances. However, this exemption only pertains to residential property renters and does not extend to individuals residing in rooming houses or caravan parks.
Reason a renter can end an agreement early but VCAT can determine lease break fees if appropriate - Minimum Period Notice
The rental provider has given the renter a notice to vacate because they are making major repairs to the property - 14 days
The rental provider has given the renter a notice to vacate because the property is going to be demolished - 14 days
The rental provider has given the renter a notice to vacate because the property is going to be used for a business - 14 days
The rental provider has given the renter a notice to vacate because the rental provider or their family is going to live in the property - 14 days
The rental provider has given the renter a notice to vacate because the property is going to be sold - 14 days
The rental provider has given the renter a notice to vacate because the property is going to be acquired for a public purpose - 14 days
The rental provider has given the renter a notice to vacate because the rental provider is ending a fixed-term agreement - 14 days
The rental provider has given the renter a notice to vacate because the renter is a public renter and no longer meets eligibility requirements - 14 days
In case of requiring special or personal care, shifting to social housing, or seeking temporary crisis accommodation, inhabitants of residential parks can depart from their lease early. Nevertheless, they might still be liable to pay certain expenses.
Renters or residents should use one of these forms to tell the rental provider they will be leaving: