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In Australia, if the landlord asks me to move out before the end of the contract, and then asks me to pay the rent after I move out, how should I deal with it? Do I have sufficient grounds to sue the landlord, and how long does it usually take to resolve such issues?

Review Your Lease Agreement:
Carefully examine your lease agreement to understand the terms and conditions, including any provisions related to early termination by either party.


Communicate with Your Landlord:
Try to resolve the issue amicably by discussing it with your landlord. Express your concerns and assert your rights under the lease agreement.


Seek Legal Advice:
If communication with your landlord doesn't resolve the issue, consider seeking legal advice from a tenancy advocacy service or a lawyer specializing in tenancy law. They can provide guidance on your rights and options for recourse.


Mediation or Dispute Resolution:
In many cases, disputes between tenants and landlords can be resolved through mediation or alternative dispute resolution (ADR) mechanisms. These processes can help facilitate a resolution without the need for formal legal proceedings.


Consider Legal Action:
If negotiations and mediation efforts fail to resolve the dispute, you may choose to take legal action against your landlord for breach of contract. This could involve filing a claim in the relevant tribunal or court, depending on the jurisdiction and the amount of rent owed.


As for the time it takes to resolve such issues, it can vary depending on various factors, including the complexity of the case, the jurisdiction, and whether alternative dispute resolution methods are used. In some cases, disputes may be resolved relatively quickly through negotiation or mediation, while others may require formal legal proceedings, which can take longer to reach a resolution.


In terms of legal concepts, it's important to understand the principles of contract law, which govern the rights and obligations of parties entering into agreements, including lease agreements. Specifically, the concept of breach of contract is relevant here, where one party fails to fulfill their obligations under the contract, entitling the other party to remedies such as damages or termination of the contract.


Overall, if you believe your landlord has breached the lease agreement by asking you to move out prematurely and then demanding rent for the period after you've vacated, it's advisable to seek legal advice and explore your options for resolving the dispute.

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Law Firm's Insights
Date
17 October 2022
Place
New South Wales
Judge
SLATTERY
Highlights
The plaintiff, Ms Annie Lee, is the registered proprietor of two parcels of land on Barrenjoey Road in the commercial district of the Sydney beachside suburb of Newport (“the Newport property”). By an unregistered lease dated 26 September 2019, Ms Lee demised the Newport property to the corporate first defendant, YOUth OK Pty Limited (“YOUth OK”), for a term of three years commencing on 1 October 2019 (“the lease”). The second defendant, Mr David Hawkins, the principal of YOUth OK, guaranteed the obligations of YOUth OK under the lease. Ms Lee claims she terminated the lease on 16 July 2020. She brings these proceedings against the defendants for possession of the Newport property, for recovery of arrears of rental alleged to be due up to the alleged date of termination, for damages under the lease or at common-law, and for loss of the balance of the lease term expiring on 30 September 2022. The inspection undertaken by [a] Council Officer on 12 November 2019 revealed that an awning over an open decked area at the rear, ground floor, section of the property appeared to have been previously constructed. This suggests that Ms Lee probably began to lose faith that she could really trust Mr Hawkins’ promises to underwrite the cost of litigation on her behalf in Land and Environment Court, which may expose her to financial risk, given that YOUth OK was already two months overdue on rent and the bank guarantee. The main categories of relief sought by Ms Lee are: (1) a declaration that the lease has been validly terminated and judgment for possession; (2) outstanding rent and mesne profits and damages to the end of the term; and (3) interest pursuant to s 100 of Civil Procedure Act 2005 and costs.
Judgment
The text summarizes a legal proceeding in which a tenant terminated their lease early due to a breach by the landlord. The tenant is awarded rent, mesne profits (the income earned between the date of termination and the date of judgment), damages, and costs. The question of indemnity costs (if any) are reserved for later resolution.
Legislation
1.Civil Procedure Act 2005
2.Conveyancing (General) Regulation 2018, Schedule 5
3.Environmental Planning and Assessment Act 1979
4.Real Property Act 1900
5.Retail Leases Act 1994, Part 7A, ss 3, 70, 71, 75, 76A, 87, 88, Schedule 1, 3
6.Retail and Other Commercial Leases (COVID-19) Regulation 2020, rr 3,4,5, 6, 7
7.Retail and Other Commercial Leases (COVID-19) Regulation 2021
8.Coronavirus Economic Response Package (Payments and Benefits) Rules 2020 (Cth), rr 7, 8
Other FAQs You may Interested In
1. How should I handle issues related to deposits and rental agreements in Australia? How long does it usually take to resolve such issues? My renting experiences in Australia include renting alone and sharing a house with friends. During the settlement of my solo rental, part of my deposit was deducted. Meanwhile, in the shared housing situation, although I moved out early due to safety concerns and forfeited six weeks of deposit, we never signed a formal contract.2. I am renting a house in Melbourne, Australia, and the landlord is asking me to cover the NBN new development fee to activate the internet service. The landlord refuses to pay it. What should I do?3. I am in Sydney, and I saw a rental listing on Weibo. The landlord asked me to pay the rent first to secure the priority reservation. After I paid the deposit, the landlord disappeared, and the house turned out to be fake. What should I do?4. When renting a house in Australia, I was late due to a flight delay. The landlord then refused to rent the house to me, even though we had previously signed the contract online and I had made an international transfer. Now he refuses to refund the money, what should I do? How can I recover my rent?5. When renting in Sydney, Australia, if I discover that the landlord has entered my personal space without permission, what should I do to protect my rights?
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