If you and your partner are both mentioned on the lease and he or she indicates the departure, you must contact your landlord. Your landlord can rejoice If you are married and you are initiating divorce proceedings, you can request that the lease be transferred to an exclusive rental agreement as part of the divorce agreement. You should also look at your lease to see who is mentioned on it. If you are both designated as customers, you are “joint tenants” and you have the same rights. If one of you is called a “resident”, you do not have the same rights. If you are not married, you can use the Family Act 1996 to request the transfer of the lease. A short-term rental agreement is usually concluded if you both decide to undress until the last day of your fixed-term contract. Check your lease to see if you need to terminate your contract. If you are a co-tenant and you both want to leave, you or your ex-partner can terminate the rental agreement by termination. You both have to move. If you`ve agreed that one of you wants to stay, it`s usually best to explain it to your landlord and ask them to update the lease.
Your landlord doesn`t have to agree. If you separate from your partner, your right to stay in your rented house, enter your house or leave your partner depends on whether you are married or in a life partnership and whose name appears on the lease. The situation could be complicated when it comes to a joint lease agreement. Indeed, a joint lease agreement means that both parties have a single lease agreement with all the rights and commitments related to it. Both tenants are responsible for the entire rent, instead of 50% each, and both have the right to live in the property. If you live with someone, but you are not the exclusive or common tenant or owner, you must apply for an occupancy order if you want to obtain house rights that would allow you to stay in the house. The right of residence applies only as long as the occupancy regulations do so. However, in these circumstances, the courts generally do not take an occupation order.
Exceptions may be if you have children and have no other accommodation or if there is evidence of domestic violence or abuse. If you want to create long-term rights to housing, you have to go to court to prove the economic interest. In all cases where a relationship breaks down due to domestic violence, we do not grant the person who behaves violently the lease of the existing property. If the person who behaves violently is the tenant, we will take steps to dislodge them due to a serious breach of their lease. If you take charge of the lease yourself, you are responsible for paying the full rent on the land. If you are not a tenant or are not sure what type of agreement you have, you can get help from your local citizen council. The first step is that you need to find out who has the lease. Many people think that the name of a person “on the lease” is important. But it depends. If the name is available as an authorized occupant or only as a spouse, partner or family member of the tenant, it does not mean anything for the lease (we will later access the family rights). All that matters right now is who the designated tenant is.
You have to go to court to transfer a rental agreement, so it`s best to try to find an agreement with your ex-partner first if you can…