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Breaking / Early termination of rental contract?


Chaz
9th December 2008, 09:31 PM
What happens if you get a new job, new location and still have a term left on your contract?

Let say I get a job in Wellington and am currently in Auckland - what happens to the bond payment etc? Anyone have some first hand advice / info here?

I realise the contract is a contract, dont want to break it but might be forced to move and cannot maintain 2 rentals.

Thanks!

cappuccino
9th December 2008, 09:54 PM
I think your first step is to talk to your landlord and see what they say. They might be understanding of your situation and suggest that you find someone to take over your lease.

Good luck!

IanW99
9th December 2008, 10:20 PM
What happens if you get a new job, new location and still have a term left on your contract?

Let say I get a job in Wellington and am currently in Auckland - what happens to the bond payment etc? Anyone have some first hand advice / info here?

I realise the contract is a contract, dont want to break it but might be forced to move and cannot maintain 2 rentals.

Thanks!

The rules depend on the type of contract that you have signed i.e. a fixed term tenancy or a periodic tenancy.

If it is fixed term then you are liable for the rental for the full term.

If its a periodic tenancy then it must be a minimum of 21 days notice.

Best suggestion as said by cappuccino is to talk to the landlord to see what options they are willing to agree to.

Normally they will allow you to 'break' the contract once a new tenant has been found to take over your tenancy. They may expect you to find the tenant, or pay the costs associated with them finding the tenant.

Ian

shakyle2906
10th December 2008, 03:23 AM
Be careful!

We did this and it cost us over $1500.............

We signed a rental agreement and hadnt realised how 'binding ' it was. It was for 6mths when we first got here. A nice 'cottage' but we hadnt realised how so very cold it would be (no heating - we went out and bought a calor gas heater and 2 oil heaters), the cooking facilities werent as promised - we were promised a hob being put in before we arrived - this took over month and hubby ended up doing all the alterations in the kitchen (not even offered any $$ or such in return), not being able to collect our mail from their mailbox - having to wait till they came and gave it to us, we lived in same grounds as owners - so were watched 24/7.........not nice particularly at that time i wasnt working!

Three months in they then went on holidays for 2mths and never told us. We had no point of contact. We had a look around for a house and bought the one we are in now, not realising how fast you can complete over here - about 2 wks!

We took advice from the Tenancy people, who said we had rights, etc and persuaded us to go to Tribunal. They told us to contact the people - which we couldnt only by trying to email them - which we did have a few replies in the end after involving the tribunal service. We were advised that we could ask if we could find them tenants and 'vet' them ourselves, they point blank refused. We had never provided them references and had been only in the country 3 weeks when we took over their cottage - it was unbelievable!

On the day of the tribunal they sat in same room, we had to provide lots of evidence about things - lack of contact, them going away and being left with no one to contact in case of emergency, them actually renting the cottage out after changing locks. They accused us of taking their keys having to change the locks - we had no where to leave them, couldnt leave them in the mailbox out on the street!, they presented us with a huge rental bill.

We left the Tribunal awaiting decision - to be found to be at fault - the bill was halved as they were told they couldnt charge us with rental having taken the initiative to change the locks. It cost us a lot of money and bad feeling. It still leaves a bad taste in our mouth so to speak.

So please be careful, dont end up like we did!

Sharon
x

nippa&pippa
10th December 2008, 07:19 AM
We broke our contract early too at 7months after found out we got a baby on the way :o I didn't want to have baby at rental house (planned homebirth;)) then face moving out afterward when baby is few weeks old.

So once we found the house we want to move to, I went to see landlady and explained the situation that we got baby on the way (that time I was 6months gone!) and we have brought a house.

We were very lucky we got out easy without any fine etc along we had to find someone to move in same week as we move out that is our deal as well as suppose to pay for ad and rent if house still empty by time we move out. But they found a family who was desperate to move to Burnside areas before they ever get chance to advert the rental house :nice1

Good Luck

Chaz
10th December 2008, 10:03 AM
Thanks for the replies. Ironically, we had taken over someone else's contract as they had taken on a dog to which the rental agency had disagreed with as it was 'too big'.

Our term is until May - so still on a fixed term contract.

I wont speak to them yet - too early to know as I am yet to go for an interview etc.

We might have the follow the advertise and take over rent plan - I could always go down to Wellington first and find somewhere cheap to stay while the house gets sorted in Auckland - not ideal - but will see.

Thanks.


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