Life doesn’t always go to plan – and sometime circumstances change in ways that make it impossible to see out a fixed-term tenancy. Whether it’s a new job interstate, a relationship breakdown, or a financial change, breaking a lease is something tenants occasionally need to do. Understanding the process in Queensland can help you handle it as smoothly as possible.
Breaking a lease before the end of a fixed term is called a ‘voluntary termination’ and it generally comes with costs. Under Queensland law, tenants who break a lease may be liable for reletting costs, which can include the property manager’s fees for finding a new tenant and advertising costs. The amount can vary, and in some cases may be reduced if a new tenant is found quickly.
To break your lease, you’ll need to provide written notice to your property manager explaining your intention to vacate early. From that point, you and the property manager both have an obligation to minimise the costs — this is known as the duty to mitigate. Your landlord cannot simply sit on a vacant property and charge you rent indefinitely.
There are also situations where a tenant may be able to exit a tenancy without penalty — for example, if the property becomes uninhabitable, if there has been a significant breach by the landlord, or in cases of domestic and family violence. These situations are treated very differently under the law and may provide a pathway to ending the tenancy without financial consequences.
Breaking a lease is not something to do without careful consideration, but it is a manageable process when handled correctly.
If you’re thinking about ending your tenancy early and want to understand your options, contact Sapphire Estate Agents Queensland today. Our team can walk you through the process with clarity and care.
