There are a number of reasons for wanting to end a tenancy. It is important to remember that a tenancy agreement is a legally binding agreement that can only be ended in certain ways.
According to the Residential Tenancies Authority, an agreement may end:
- when a fixed term has ended
- during a periodic agreement
- if the Landlord or Property Manager and tenant mutually agree in writing to end a fixed term
- there is a serious unremedied breach such as unpaid rent, damage to the property, illegal use of property
- a serious breach of the agreement occurs in the same way more than twice in one year
- the tenant has not complied with a QCAT order
- the tenant has abandoned the property
- the property is to be sold and the tenant is on a periodic agreement
- a mortgagee is in possession of the property
- the sole tenant dies
- a QCAT order ends the agreement
Be sure to give correct notice and accomplish the appropriate forms. You and the tenant should mutually agree in writing to end the agreement early on a specific date.
Compensation may need to be paid when a tenancy agreement is ended early. The tenant may also have to pay reasonable re-letting and advertising costs. Clearly and effectively communicate with the tenant about compensation and their payment options. Provide timelines, keep a paper trail, and make the tenant aware of the process.
When a tenant moves out, they must leave the property in the same condition as when they moved in, excluding fair wear and tear. All the keys must be returned, including extra keys the tenant had cut.
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