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QLD Commercial Lease Bond Refund?

Discussion in 'Commercial Law Forum' started by Jaam123, 11 March 2015.

  1. Jaam123

    Jaam123 Member

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    I would like to enquire how much bond a landlord can keep. I recently had a failed business to which the commercial lease was terminated on me in early December. I had been waiting to receive some of my bond back, minus monies owed for unpaid rent and legal fees and was expecting a half the bond returned.

    I had finally received an invoice from the landlord with me ending up owing $500. He had charged me for 2 free months he had negotiated with the new tenant. When I rang to question this, he advised me they shouldn't have to pay for the free rent period (I was never given this option either) and hinted that I was to take this further. He was also entitled to 15% of a year's rent but never charged me this due to the circumstances.

    My question is, is he able to do this or do I have options to contest this under commercial law? Also the new tenant was a one of the parties I was looking at selling to and they met up with the landlord, and a few days, I was evicted by the landlord and they had become the new tenants. I was informed by the new tenant there was also a side cash payment made so was not really 2 months free rent. Any assistance with this would be greatly appreciated.
     
  2. Ivy

    Ivy Well-Known Member

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    You have said both that you ended a lease and that you were evicted. Which was it because that is important in regards to what you are entitled to.

    Ordinarily in a residential lease, if you broke the lease, once a new tenant has taken over the lease then your obligation to pay rent should be discharged. You would be liable for any costs regarding rent and potentially a re-letting fee up until a new tenant moves in or the rental agreement ends (whichever comes first).

    However given this is a commercial lease, the laws may be different. You should start by having a good read of the terms of your lease if you haven't already. Then you may want to contact the Queensland Civil and Administrative Tribunal: Retail leasing disputes | Queensland Government
     

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