• 1300 334 566
  • info@bcglaw.com.au
  • 8.30am - 5pm Monday- Friday
Linkedin Facebook Youtube
  • About Us
    • Meet the Team
  • Wills + Estates
    • Wills + Estate Disputes
  • Conveyancing
    • Real Estate Agents
  • Commercial
    • Business Advice
    • Business Partnership Disputes
  • Family Law
    • Family Law Involving Business
  • Criminal + Litigation
    • Criminal + Traffic Law
    • Litigation
  • Resources
    • Advice + Articles
    • Costs of a Law Firm
    • Choosing A Law Firm
    • 10 Awkward Questions
  • Contact Us
Menu
  • About Us
    • Meet the Team
  • Wills + Estates
    • Wills + Estate Disputes
  • Conveyancing
    • Real Estate Agents
  • Commercial
    • Business Advice
    • Business Partnership Disputes
  • Family Law
    • Family Law Involving Business
  • Criminal + Litigation
    • Criminal + Traffic Law
    • Litigation
  • Resources
    • Advice + Articles
    • Costs of a Law Firm
    • Choosing A Law Firm
    • 10 Awkward Questions
  • Contact Us
Search
Close
Advice & Articles

What can landlords do when tenants break their lease?

FREECALL NOW >

The reasons for a tenant to break their fixed term tenancy agreement can vary, from purchasing a home to financial difficulties.

Under section 277 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) (“RTRA”) a lease can be ended in these circumstances, by way of:

  • a tenant giving a landlord a notice of intention to leave the premises and handing over vacant possession of the premises on or after the handover day; or
    a written agreement between the landlord and tenant.
  • Where a tenant breaks their lease, compensation is often payable to the landlord.

 

This typically includes lost rent (until another tenant can be found) and the reasonable costs of re-letting and advertising fees. To ascertain whether compensation is payable, landlords should review the terms of their lease. Under section 44 of the Residential Tenancies and Rooming Accommodation (COVID-19) Emergency Response) Regulation 2020 (Qld), tenants can apply to break their lease early with costs capped at the equivalent of one week of rent until 31 December 2020.

 

To be eligible for this COVID-19 protection, the tenant must have lost 75% of their income and have less than $5,000.00 in savings.

If there is more than one (1) tenant under the lease, the tenants collectively will be liable to pay one week of rent, provided there has been a 75% reduction in the combined total income of all the tenants and the combined savings of all the tenants is less than $5,000.00. Landlords should also note that under section 362 of the RTRA, they are legally obliged to take reasonable steps to mitigate any loss suffered as a result of the tenant breaking the lease. Therefore, landlords must act promptly after receiving notice from the tenant.

To discuss your property matter feel free to contact us today. Bennett Carroll Solicitors have offices located in Brisbane, Gold Coast and the Sunshine Coast.

Related Articles

What are my rights as a tenant when my landlord is selling the property?

What are my rights as a tenant when my landlord is selling the property?

BAN- Smoking on your own balcony in Queensland apartments

48 Hours to Vacate

48 Hours to Vacate Rental Property – Legal Advice

The Importance of Body Corporate Disclosure Statements

The Importance of Body Corporate Disclosure Statements – Legal Advice

Conveyancing FAQ

Meth-screening for landlords, property managers and buyers

Meth-screening for landlords, property managers and buyers – Conveyancing & Real Estate Law

PrevPreviousEPOA FAQs + Powers of Attorney Act Section 73 Conflict Transactions
NextJobKeeper payment extended to March 2021 and reduced payment rates announcedNext

OUR Achievements

3 Best Family Lawyers Top Picks 2019

3 Best Estate Planning Lawyers Top Picks 2019

3 Best Conveyancer Top Picks 2019

3 Best Traffic Lawyers Brisbane Top Picks 2019

3 Best Criminal Lawyers Top Picks 2019

3 Best Traffic Lawyers in Sunshine Coast Top Picks 2019

OUR LOCATIONS

BRISBANE NORTH - STAFFORD
269 Stafford Road, Stafford Brisbane QLD
BRISBANE SOUTH - UPPER MT GRAVATT
33 Sanders Street, Upper Mount Gravatt Brisbane QLD
SUNSHINE COAST - KAWANA
Suite 13, 1 Capital Place, Kawana QLD 4575
GOLD COAST - MERMAID BEACH
5/ 2484 Gold Coast Highway, Mermaid Beach QLD
  • 1300 334 566
  • info@bcglaw.com.au
SUBSCRIBE:
Subscribe to receive our free email updates.
Copyright 2021 © Bennett Carroll. All rights reserved.