Once the land has been abandoned, the owner is allowed to enter and repossess. As it is not always clear whether the premises were actually abandoned, it is good practice for the owner to apply for a court order. If the landlord tries to take possession and repossess, but the premises have not really been abandoned, then they will have to violate the lease and eventually compensate the tenant. Instead of breaking your lease, it may be easier to hand over or assign your lease to another tenant. However, this is not always the simplest option, as you must obtain the landlord`s approval, update the tenancy agreement and arrange the transfer of the loan, so that you cannot be held responsible for the other tenant. In addition, the landlord may charge you in writing the reasonable costs of establishing an assignment, but they cannot calculate for the creation of a new lease with new tenants. You can apply for a contract to terminate the current lease or to obtain a new lease. Subtenants must either evacuate the premises or negotiate a new lease directly with the landlord or a new principal tenant. If the landlord terminates the contract If the landlord terminates a tenancy agreement with several tenants, the termination applies to all roommates. A tenancy agreement is automatically terminated if: If the contract between the principal tenant and the landlord is terminated, the contract between the principal tenant and the subtenant is also terminated. In this case, the principal tenant should notify the landlord and subtenants.
If you`re not sure which option is best for you, seek legal advice. See housing and rental assistance. If a roommate terminates his contract If a tenant leaves the contract but the other tenant (s) stays, the outgoing tenant should negotiate with the lessor to have his name removed from the tenancy agreement. If the tenant remains in the contract, he is responsible with the other tenants for the damage suffered and to have been suffered. Landlords or tenants can ask VCAT to reduce the duration of a fixed-term contract if they suffer in the event of serious difficulties. A tenant may terminate his fixed-term tenancy agreement prematurely if he or she has to move because he: The lessor may terminate a fixed-term tenancy agreement after the expiry of the limited term in the following circumstances: (This section also applies to periodic tenancy agreements) Tenants cannot be evacuated unless VCAT decides that this is appropriate and proportionate in the circumstances. There are now only limited reasons why landlords can ask VCAT to terminate a lease.