What if a tenant leaves the premises without notifying the landlord?
A retail lease is a legal document and is binding to all parties who sign it. If a tenant is still required to fulfil obligations under the lease, but is failing to do so because he/she has left the premises without notification and is no longer paying rent, then the landlord has a legal right to re-enter and terminate the lease on the grounds of the tenant’s abandonment of the premises. The landlord has the right to take action against the tenant to recover any money lost because of the tenant’s departure. Contact the VSBC to discuss options, which may include mediation with the tenant or obtaining an order from the Victorian Civil and Administrative Tribunal (VCAT) that the tenant pay the outstanding money. Note that a claim for rent only is not a dispute as defined by the Retail Leases Act 2003 and can be referred directly to the VCAT Civil Claims List. For further details, contact the VSBC on (03) 9651 9316.
Related Questions
- The Lease states that the Tenant is to repair the premises but surely the Landlord cannot insist the Tenant is responsible for items of disrepair which were present at the date of the Lease?
- Is the landlord or the tenant responsible for repairing damage to the premises which occurs during the term of the lease?
- What if a tenant leaves the premises without notifying the landlord?
