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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44660
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have a question about terminating a lease in South

Customer Question

Hi, I have a question about terminating a lease in South Australia:
My son signed a lease as he moved away from home to study in Mt Gambier, we live in Melbourne. Circumstances changed so he had to move back to home, he asked the landlord could they come to an agreement about the lease, she said he had to find someone else or pay. I thought in SA it is up to her to find someone or he doesn't have to pay anymore, she never provided receipts for any rent paid, and only registered the bond with the appropriate authority in May, she was paid the bond in February. She has threatened debt collecton, but I"m not sure she is entitled to do that, given she never tried to get someone else in, and I think my son would have had to pay advertising costs had she done that. Can you please advise?
Thanks, Michelle
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year 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.

If there lease is for a fixed term you are liable to pay the money until the end of the term. The landlord is also responsible to try and find another tenant to reduce the losses but if the cannot find someone then you have to pay. If they and someone for less rent than you were paying then you have to pay the difference for the period.

I am sorry I cannot give you anything more positive.

This is all in the lease document that you have signed.

I hope this makes sense and is of assistance. if there is nothing further

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