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ACT Possible to Terminate Fixed Term Rental Agreement Under Property Law?

Discussion in 'Property Law Forum' started by Plus, 16 November 2015.

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  1. Plus

    Plus Member

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    Hi,

    I'd like to know if it's possible to terminate a rental agreement as a tenant under Property Law. It's a fixed term contract, ending in Feb 2016.

    I need to go abroad for 3months, so there is no point to pay rent for the next 3 months. I asked the landlord, and they said I cannot terminate a contract before fixed date.
     
  2. Sophea

    Sophea Well-Known Member

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    Yes, that's true that you can't terminate except for the specific circumstances set out in your lease. If you simply want to terminate to move elsewhere, then what you can usually do is find a substitute tenant to take over the lease. This minimises the loss to the landlord and therefore what you are liable to pay.

    Usually, if you are going through a real estate agent there will be advertising fees etc that the landlord will incur when they need to find a new tenant and they will also lose money for the period that the house is not occupied.

    You can usually come to an agreement with the real estate agent / landlord whereby you can pay for the advertising fee etc or find another tenant (they need to approve them) and ensure that you will pay any rent up till the date that the new tenant moves in. You will be a little out of pocket, though.
     
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    #2 Sophea, 23 November 2015
    Last edited by a moderator: 23 November 2015
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