If a tenant ends a fixed term of 3 years or less early (other than on a statutory ground), the lessor may charge only the set break fee: 6 weeks' rent if less than half the term has passed, otherwise 4 weeks; for longer terms the amount agreed. If it charges the fee the lessor must take reasonable steps to find a new tenant, cannot claim more as compensation, cannot collect it until the defined period after vacating ends, and must reduce it by rent payable by a new tenant in that period (plus capped reasonable re-letting costs where the tenant left more than 4 weeks early). No fee applies to terminations for aged care or social housing, sale, family violence, affected residential premises, eligible impacted property or under the posting clauses.
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