Help with breaking rental lease.

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mrchillie

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#89588 5-Sep-2011 21:02

This past weekend, I successfully navigated through the negotiation process and have purchased my first home.
Trouble is, I am currently stuck in a fixed term lease with Quinovic that does not lapse until February.

I emailed my property manager as soon as I knew I was moving and gave my month and a half notice to vacate. I am aware that in a lease I am responsible for paying rent until a suitable person is found to take over my lease

The reply from my property manager this morning left me quite angry and upset.
Apparently to break my lease I need to pay $89 for advertising, $50 for new photos, $30 for credit check of the new tenant AND $300 Quinovic fee, what ever that is.
NONE of this is mentioned on any agreement I signed.

I need advice, I am happy to pay rent for a reasonable amount of time, I suspect it shouldn't be too hard finding someone to take over my lease. I just don't understand how they can ask for such fees?!?

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#517136 5-Sep-2011 21:06

IANAL but if it's not in any agreement...

Now, read those agreements again. Does anywhere it say "and any other relisting fees" or similar wording perhaps?

mrchillie

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#517141 5-Sep-2011 21:10

Only mentions I would be responsible for payment of all rent until another suitable tenant commences the tenancy.
Under Fees, it says I shall pay a letting fee, which I did when I commenced the agreement

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#517150 5-Sep-2011 21:22

advertise on trademe yourself. the problem is, some very naughty agents won't actively look for tenants for you until they have filled up their other portfolios. note that the people you find will still need to pass the agent's credit and reference check etc (maybe ask them first?? anyone??)

and fees - yeah they love to make money out of helpless situations - wait till they do the final inspection and you want your bond back - more potential head/heartache/break

good luck!

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#517164 5-Sep-2011 21:29

most of the fees actually seem reasonable (these are the cost that the landlord will have to pay because you broke the contract - yeah i know, stupid life is harsh isn't it!) -

the quinovic fee is dubious. probably the "letting fee" which really should be charged to the new specimens - i mean tenants.

this is the cost incurred to the agency (to have to get off their a#$% to do work instead of just sitting there charging both parties to pay their staff and buy the boss their audi) because you broke the contract.

but in reality, their staff probably gets paid an hourly rate and really doesn't affect the business' overheads above the other fees you've paid. as i've said, get the new tenants first, then work on the bond, then fight the final fee. in the big picture, paying rent every week is gonna cost you more that the trademe fee + quinovic fee + bond combined.

mrchillie

53 posts

Master Geek

#517169 5-Sep-2011 21:35

I will call up and ask for a meeting with the property manager tomorrow and find out what the "Quinovic Fee" is. In the meantime take some of my own photos of the place and stick on Trade Me and see what I can do.

Its a pity I have too much of a conscience to just leave it all and loose my bond.

bachelorno1

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Wannabe Geek

#517179 5-Sep-2011 21:55

Congrats on buying your first house. You can get free advice on your situation by calling the tenancy section of the Department of Building and Housing on 0800 tenancy.
But bear in mind this quote from the Tenancy services website "You cannot give notice (and the landlord cannot give you notice) if you have a fixed-term tenancy." Found here http://www.dbh.govt.nz/tenants-giving-notice

rscole86

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#517180 5-Sep-2011 21:56

How much is your bond... is the hassle worth the difference to $469? Ie $130 to the $600 bond and you can just tell them where to forward your mail?

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mrchillie

53 posts

Master Geek

#517181 5-Sep-2011 22:00

My bond is $1900. I would love it back because I need to purchase a lot of stuff to fit in the new place.
If I did walk away, couldn't they take me to court or something?

vexxxboy

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#517193 5-Sep-2011 22:39

the landlord cant decide whether you get the bond back , that is up to the tenancy board who hold it on behalf of both parties . if there's a dispute then you both state your case before the tribunal and they make the decision of who gets what.

Common sense is not as common as you think.

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#517194 5-Sep-2011 22:41

they can sue you. but it's a hassle for them to sue you - easier just to find a new tenant. but don't count on that.

on the other hand, don't judge a book (the agency staff) - they gave you info that they would have given anyone else that jumped. they may surprise you and provide full commitment to find a replacement for you. so i advise you to behave nice until proven futile. ask them about the trademe first - if they object make sure you negotiate well and curiously find out why ...

good luck!

(PS - remember they are NOT allowed to put up the rent until your lease ends and IF they do, you can take them to court for impeding your chances of finding a new tenant - [IANAL but got this from a reliable agent source])

mrchillie

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#517199 5-Sep-2011 22:48

Thanks guys for your help. I will see them tomorrow and see what comes of it

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#517217 5-Sep-2011 23:20

bachelorno1: Congrats on buying your first house. You can get free advice on your situation by calling the tenancy section of the Department of Building and Housing on 0800 tenancy.
But bear in mind this quote from the Tenancy services website "You cannot give notice (and the landlord cannot give you notice) if you have a fixed-term tenancy." Found here http://www.dbh.govt.nz/tenants-giving-notice

hmm i think that's not true - landlord can give notice to take the house back (only to live in) i think

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#517228 5-Sep-2011 23:53

mrchillie: Apparently to break my lease I need to pay $89 for advertising, $50 for new photos, $30 for credit check of the new tenant AND $300 Quinovic fee, what ever that is.
NONE of this is mentioned on any agreement I signed.

I need advice, I am happy to pay rent for a reasonable amount of time, I suspect it shouldn't be too hard finding someone to take over my lease. I just don't understand how they can ask for such fees?!?

as a landlord, i would want a changeover in tenants to be cost-free for me. after all, i did have a fixed term contract signed, right?

quinovic, as the agent, are not going to make any additional money out of securing a new tenant, unless they are charging the new tenant (or the landlord) letting fees. They have to make money somewhere.

sure, you could do all the advertising yourself and find a bunch of tenants - but how much of your own time and money are you going to spend doing that? Whoever you find still has to be vetted and accepted by the agent and the landlord, so just finding -anyone- isnt going to do... they have to be 'suitable'.

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Regs

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Snowflake

#517229 6-Sep-2011 00:00

joker97: they can sue you. but it's a hassle for them to sue you - easier just to find a new tenant. but don't count on that.

it only costs $20 to lodge wth the tenancy tribunal, and the tenancy tribunal can award compensation up to $50,000.

Trying to skip out on a contract and forfiet the bond doesnt limit your liability as a tenant..... especially if they can track you down!

http://www.dbh.govt.nz/tenancy-tribunal

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#517270 6-Sep-2011 08:17

mrchillie: My bond is $1900. I would love it back because I need to purchase a lot of stuff to fit in the new place.
If I did walk away, couldn't they take me to court or something?

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