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Thread: Is it easy to break a rental lease?

  1. #1
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    Default Is it easy to break a rental lease?

    We are finally arriving to Wellington on Sunday, 3 kids and plenty of suitcases. We will be looking for long term rentals. I was wondering- if we take a 12 month lease and then want to move after 6 months- how easy or hard it is to break the lease?

  2. #2
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    Hard. You either have to get the landlord to agree or have already had it written in the lease that you can relet it or you have to go to tribunal with a good reason why you should be able to get out of the lease (real problem with house or bullying landlord etc). Don't sign a fixed period lease if you're not sure you want to rent the house for that period. Instead ask for not fixed period lease, though of course this does not give you the same security. See here: http://www.dbh.govt.nz/tenancy-index

  3. #3
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    And if you leave part way through, the landlord may well say he holds you responsible for the rent until such time as he finds another tenant.

  4. #4
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    Or she.

  5. #5
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    Quote Originally Posted by JandM View Post
    And if you leave part way through, the landlord may well say he holds you responsible for the rent until such time as he finds another tenant.
    I know two people who've been in this position. It worked out for both of them in the end as the landlord found a new tenant in both cases but in theory if no new tenant came along they would have been stuck paying the rent for the place until the end of their original lease.

  6. #6
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    Nelson
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    It isn't easy, it's stressful and expensive, I wouldn't sign up for a 12 month agreement unless you're sure you will stick it out. Go for a shorter term and renew it if you want to stay longer.

  7. #7
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    If you really have to go for fixed term, then try going for shorter period .. 3 months or 6 months..

  8. #8
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    I have broken a 12 month agreement previously, If you think you might need to do it look for a really good rental which you think will re-let again easily.

  9. #9
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    Taken from the DBH website...
    How do I end a fixed-term tenancy early?
    Fixed-term tenancies are for a specific length of time and cannot be ended with notice during the term.

    They can be ended early by the mutual agreement of all of the parties to the tenancy agreement, or, if agreed to by the landlord, by assigning the tenant’s interest in the tenancy to someone else.

    The Tenancy Tribunal may terminate a fixed-term tenancy where there has been a breach of the tenancy agreement or the Residential Tenancies Act 1986 and it would not be equitable to allow the tenancy to continue.

    It may also terminate the tenancy where the landlord or tenant has suffered a serious unforeseen change in circumstances which would cause them hardship to continue with the tenancy, and greater hardship than would be caused to the other party to the tenancy by ending the tenancy early. Where the tenancy is ended early, compensation may be awarded to the other party
    Ian

  10. #10
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    Mar 2011
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    USA - Hawaii
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    Thank you for all the answers, this was very informative!

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