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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My partner and I are a couple, we moved out of home and in

Customer Question

My partner and I are a young couple, we moved out of home and in together start of November last year. We had a 'friend' offer us a house and being our first house together we agreed to lease it because it was close to work and cheap. It is a granny flat at the back of their house and we knew when discussing a lease, money and other details that it was a little dodgey but we didn't realised how dodgey it actually is now that we are moving out- 3 months before the 'lease' ends.
We paid her the bond money and she didn't go through the RTA with it, my partner rang up and checked to which they said they never received our bond November last year.
This granny flat hasn't been council approved for residence of non - family members and we are listed as being in another one of their properties in town which is through a real estate I'm pretty sure. So technically we aren't actually living in this house.
Now that we are wanting to move out and break the 'lease' the landlord is expecting us to pay 3 months rent up until the lease end even though we came to an agreement early this week that we will pay a fortnight of rent up until we move our and forfeit our bond and not pay 3 months rent, so she had about 5 weeks to find a new tenant.
We think she will try and get legal action to get the money out of us, can she do this?
The house we're in isn't even a legal rental, what are our rights?
Submitted: 2 months ago.
Category: Australia Law
Expert:  Leon replied 2 months ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.

Did you sign a lease and do you have a copy?

Was it a fixed term lease and how much longer do you have to go on it.