Ask Abe – Tenancy

Hi Abe,

I moved into a place in Stanmore at the beginning of February. I paid my bond and 4 weeks rent in advance. Now that I’ve lived there a while I really hate it and want to move out. The house itself is dark and gloomy and I don’t really like my neighbourhood. I told my landlord but she said I had to stay until the end of my contract. This is a real problem because I’ve already signed a lease for another room in a different house. Please help me.

Doubled Up

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Dear Doubled Up,

There are 2 types of renters: tenants and borders/lodgers. Tenants are covered by the Residential Tenancy Act (2010). It sets down rules for both you and your landlord. In the situation you have described you want to “break your lease early”. As a tenant you would have to pay a penalty of between 4 and 6 weeks rent in addition to rent up on till the day you move out. If you have maintained your room in good order you should receive a refund of your bond.

You may be able to convince your landlord to let you find someone else to take over your lease in exchange for no or a reduced penalty. They are under no obligation to do this.

If you are a border/lodger you are covered by the contract that you signed. There is usually some clause in there about how to break the contract early. Again, you may be able to convince your landlord to allow you to find someone to take over your contract. If this doesn’t work you might like to speak to the SRC Lawyer about breaking your contract with as little financial penalty as possible.

Abe

Abe is the SRC’s welfare dog. This column offers students the opportunity to ask questions on anything. This can be as personal as a question on a Centrelink payment or as general as a question on the state of the world. Send your questions to help@src.usyd.edu.au. Abe gathers his answers from experts in a number of areas. Coupled with his own expertise on dealing with people, living on a low income and being a dog, Abe’s answers can provide  you excellent insight.

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