Life happens. Maybe you got a new job interstate, or perhaps you can no longer afford the rent. Breaking a fixed-term lease usually comes with penalties, but there are ways to minimize the financial hit.
When you break a lease, you typically have to pay:
In every Australian state, the landlord has a legal duty to mitigate their loss. This means they must make a reasonable effort to find a new tenant quickly. They cannot simply leave the property empty and charge you rent for 6 months.
The cheapest way to leave is often a Lease Transfer (or Assignment). This is where you find a replacement tenant yourself.
Why do this? In most states (especially NSW and VIC), a landlord cannot unreasonably refuse a lease transfer. If they do refuse without a good reason, you may be able to end the lease without penalty via the Tribunal.
If you are breaking the lease due to severe financial hardship or domestic violence, specific laws protect you. In NSW and VIC, you can apply to the Tribunal to end the lease early without paying the usual break fees. Always seek advice from your local Tenants' Union.
Help other renters by sharing your experience.