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QLD Lease - Who is Responsible After Split?

Discussion in 'Property Law Forum' started by hairies6, 5 August 2014.

  1. hairies6

    hairies6 Member

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    A friend who came to Australia on a working visa and now has a son born here, split from her partner also on a visa(she is scared of him) & moved out a couple of months before the lease was up. He has since absconded leaving rent owing and damage that wont be covered by the bond. The owners want them blacklisted and she doesn't want that as she is applying for PR in Australia. She spent days with friends cleaning the property and tidying the yard. Is she solely responsible for the outstanding rent and possible insurance excess or can the real estate chase her ex as well. Does this all depend on the signed lease agreement ?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Hairies6,

    Yes to a large extent it will depend on the terms of the lease. I am assuming that both of their names are listed on the lease?

    Most residential tenancies will be in the form of the General Tenancy Agreement published by the Qld Residential Tenancies Authority. The RTA Website provides the following information with respect to co-tenants:

    Co-tenancies
    Co-tenants named on the tenancy agreement as tenants are jointly and individually responsible for the rent and home. This means that each tenant may be liable for the lessor’s losses individually or together. The tenancy agreement must state the names of co-tenants in a rented home.

    This being the case, unfortunately your friend will be personally responsible for the damage and payment of rent in the absence of the co-tenant. Her best option is she wants to avoid being black listed by the landlord is to come to a private agreement with the landlord to completely reimburse them financially for any repairs that need to be made to the house in exchange for not being blacklisted. She could then attempt to recover her losses from her ex, if she so wishes.
     
    Rod likes this.

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