Last Saturday I left a relationship with my wife and moved to NSW... We have a joint lease on the property and as such

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Customer: Last Saturday I left a relationship with my wife and moved to NSW... We have a joint lease on the property and as such wondering if i have to continue to pay rent even though I no longer live there....
Answered by John Melis in 35 mins 2 years ago
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John Melis
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

With regard to the information you have provided, is there any specific aspect that you consider is the most important part that you require addressed.

Customer
I just need to know that even though I have left the property and still listed on the lease am I required to pay rent...??
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John Melis, Expert

if your name is ***** ***** lease you will still be liable.

But you can seek relief on the basis of domestic violence

​Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

Customer
Am I in breach of DVO issued in QLD by not paying rent...? Economical abuse...?
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John Melis, Expert

You will not be in breach of the domestic violence order.

However if the other party cannot pay the rent because I don't have a job, then there is a potential argument that there is financial/economic abuse.

Customer
My wife does not work, she receives government benefits... But I no longer live there... I have to pay back some friends and family who I've borrowed money from in last week as well as go another 2 weeks myself before being paid again as I receive government benefits also.... And if I pay her rent i will have no money for myself
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John Melis, Expert

In this particular case what you should do is issue notice to the agent that you're breaching the lease by terminating early and can no longer remain in the premises due to domestic violence.

Customer
I have notified the agent I did that on Monday... Told them I was no longer living at the premises.... I have paperwork I need to sign and return to them so as to remove my name from the lease as my wife is going to stay... My wife doesn't get paid till next Friday and is unable to pay the rent that is due tomorrow
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John Melis, Expert

What I suggest you do to avoid a spousal maintenance claim being raised, is assist with the rental payment. This will hopefully keep your wife out of the courts pursuing a spousal maintenance claim which could have a significant impact over a lengthy period of time.

Customer
now.... In the last 12 months we got behind in our rent and it was a rather large sum... I have been paying the rent and the overdue rent from my money paying nearly $6,000 .... We also have a $6,000 power bill that is in my name... I've told my wife many times we need to pay some off power bill but it never gets done and now I find myself with a huge power bill. Can I take her to court to get money from her to cover her share the rent I've paid and the power bill...?
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John Melis, Expert

Yes, you can start proceedings immediately in the federal circuit court.

Customer
Ok so how do I go about doing that...?
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John Melis, Expert

What you can do is just type in to Google federal circuit court initiating application and the form section will come up in the first few links just complete the form and violet and you've got your case running.

Customer
How much of the rent should I pay...? It's $1,000 per fortnight. $700 , per week for rent and $300 off the overdue rent....? I get $1,049 from my government benefits so how much should I pay
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John Melis, Expert

Just pay 50%

Customer
Ok
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John Melis, Expert

You are welcome, and thank you for supporting the community.

Customer
Am I able to claim any kind of relief considering the current situation...? If I pay %50 of the rent I will have $500 for myself... I have to give $300 to a mate who has helped me the last week... So I will only have $200..
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John Melis, Expert

Yes you can try and claim some relief,. What you need to do is prepare a financial statement from your local accountant, and certify that the contents of that document is true and correct and respect your true financial affairs and present that to the other party so they can take this into account. This will assist your situation.

Customer
if I am unable to pay %50 of the rent tomorrow which I don't think I am going to be able to do what can I expect in regards ***** ***** I have breached the orders my wife had put in place and if I breach it a 3rd time I will go to jail. What can I expect from police if she puts in a complaint claiming economic abuse...? Will I be arrested...? I am not in QLD I am in NSW would they still look for me...? What would happen if they did...?
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John Melis, Expert

What you need to do is open up communication with the agent let them know that you don't have the funds available, so that they can prepare themselves accordingly by informing the landlord.

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