Are you considering breaking your fixed Term Tenancy Agreement in South Australia?

Pre 1 July 2024 the below would have applied,

There are some key things to consider when breaking or considering breaking your fixed term tenancy agreement,

As a tenant under the lease, you will still have an obligation to maintain rent payments until the earlier of either of the two following conditions have been met;

• Up to the termination date of the tenancy agreement; or
• Until a new tenant is sourced and commences a new lease

Secondly, there are fees incurred when breaking a lease. These fees, however, depend on the overall length of the lease in addition to how long is left on the length of the lease. Fees that can be charged for breaking your lease;

• Advertising
• Letting Fee

Please note that there is no obligation for the Landlord or Agent to commence re-marketing of the property until the property has been vacated. It is, however, in the best interest of all parties to have the property re-leased as quick as possible therefore we recommend the following points if marketing is to commence prior to vacating the premises;

• Presentation – Ensure the property is neat and clean for inspections (including the gardens) as it will assist with leasing the home quicker
• Inspections – Try to be as accommodating as possible for private and open inspections, the quicker people can see the home, the quicker the potential for it to be re-leased
• Vacant Possession – A date the property will definitely be available for a new tenant to commence will need to be confirmed

Lastly, If the rent achieved in re-letting the property is less than what you’re currently paying then the landlord can claim for “Compensation For Loss Of Rent” for the duration of the lease. As an example;

There are 12 weeks left on your lease at the point where a new tenancy commences, you were paying $500 per week, however, the new lease is only at $480 due to a softening market.

The difference between your lease and the new lease is $20, therefore the Landlord can claim $20 x 12 weeks as a loss of rent.

After considering you options, if you would like to continue with breaking your lease you can fill out the following form;