VIC break lease — very few inspections. What happens now?
Hi everyone, looking for advice about a break lease in Victoria.
We moved out of a rental about 2.5 weeks ago, with around 4 months remaining on our fixed-term lease (which had been renewed a couple of times), and returned the keys.
Before we broke the lease, someone we know was willing to take over the property. However, according to the real estate agent, the landlord wanted to go through the “proper channel”, so they refused to accept his application and proceeded with their own advertising/application process.
After we returned the keys, I emailed the property manager and she said she would inspect the property the following day. However, I only heard from her again 14 days later, saying she hadn’t been able to inspect it because her car broke down and would do so that day.
Since we moved out, there has only been one inspection, and another inspection scheduled for today has now been cancelled. The property is still advertised.
We also lodged our bond claim with the RTBA when we returned the keys. The 14-day response period has now expired without a dispute being lodged, so the bond has been finalised/returned. We have also cancelled the direct debit for rent, as we’ve returned the keys and no longer have possession of the property but we have paid rent until 27th October.
We understand we may still owe reasonable compensation for lost rent/re-letting costs and are prepared to pay what is genuinely owed.
My main question is: based on all of this, does it sound like the rental provider/agent is actively taking reasonable steps to re-let the property and minimise loss? Could the delayed inspection, limited number of inspections, cancelled inspection and refusal of a potential replacement tenant be relevant if they later seek compensation for ongoing lost rent?
Can they still pursue compensation after the bond has been returned, and what evidence would they need to show they’ve made reasonable efforts to re-let?
Would really appreciate hearing from anyone familiar with Victorian tenancy law or who has dealt with something similar.