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NSW Apartment Unsatisfactory - Breaking the Lease?

Discussion in 'Property Law Forum' started by GermanGirl, 9 July 2015.

  1. GermanGirl

    GermanGirl Member

    9 July 2015
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    Me and my friend moved into a shared apartment with shared bathrooms and kitchen. We moved in 6 days ago and our fridge in our room is still broken (doesn't close and water is lacking), the window does not close completely and there is mold on the ceiling. Everything is really dirty and bugs are everywhere.

    We signed a contract for two months and aren't happy with these circumstances, is there any chance to break the lease earlier?
  2. Ivy

    Ivy Well-Known Member

    10 February 2015
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    Hi there,

    It sounds as though you moved into a boarding house or lodging house. Is that correct?
    If so, then you are classified as an occupant (boarder or lodger) rather than a tenant. This means that there are different laws that apply than if you were renting a premises as a tenant.

    However you do have the right to live in safe, clean environment in a reasonable state of repair. You should have a read of this webpage by NSW Fair Trading for more information about lodgers. Living in a boarding house - NSW Fair Trading

    You should try to talk to your landlord about the situation and try to resolve it with them. Point out that they have breached the contract by not providing you with a clean and safe environment and see if they will let you move out without making a fuss.

    If this fails, you may need to make an application to the NSW Civil and Administrative Tribunal.

    You can call the NSW Tenants Union if you like. Particularly if you need more advice if your landlord doesn't agree to let you leave without penalty and you are contemplating make an application to NCAT. Need Advice? - Tenants NSW
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