Where rentals are concerned there are certain laws and procedures that both the landlord and the tenant need to follow. This is to protect each party from possible mishaps and disagreements that can occur. However sometimes it may be that certain things arise regarding rentals that have the potential to cause discontent for either or both party and it can be hard to follow procedure. In this article we will discuss when a tenant breaks the lease agreement and what steps need to be taken to avoid unnecessary upset for the tenant or the owner.
When the agreement is broken
Ways in which a tenant may dishonour their Brisbane real estate rental lease is by causing damage to the rental property and choosing not to repair it or by not paying their rent. When situations like this occur then they can be issued with a notice to remedy breach (form 11). This form should outline exactly how the lease has been broken. The tenant will be given at least 7 days to implement the remedy and if the tenant does not agree that they have breached their agreement then they may like to follow the correct channels to challenge this with the lessors or agent. If the tenant fails to carry out what is expected of them then a notice to leave (form 12) can be issued. A notice to leave may also be issued if the tenant breaches their agreement in the same way more than twice in less than 12 months.
When further issues occur
There may be times when a tenant refuses to fix the breach, ignores requests to vacate the premises and even breaks the agreement in the same way more than twice in 12 months. In these unfortunate situations there are steps that can be taken. When the tenant does not leave on the date stipulated the lessor may apply within 14 days to the Queensland Civil and Administrative Tribunal (QCAT) for a termination order and warrant of possession. The lessor may also lodge a request to end the tenancy agreement with the Queensland Civil and Administrative Tribunal (QCAT) if the same breach occurs three or more times in twelve months without issuing a notice to leave form. If the property is run through property management Brisbane then all correspondence must be made via them.
Understanding the laws of rentals and what is expected is wise for both landlord and tenants. Failure to comply can cause undue stress which can be avoided by doing the right thing.