Hi everybody. I am an international student from Hong Kong. One and a half years ago, I have rented an apartment in the city. Once the contract ended in July, my sister who has been living in the same apartment with me decided to take over my apartment because I am going to leave Melbourne soon.

The real estate agent needed us to pay for a break lease fee before I can change the name of tenant from my name to my sister's name. After my sister has paid for the fee and her new housemates have moved in for less than a week, she got a letter from the agent, asking them to move away within two months as the landlord would like to take back the apartment, forcing her to move again.

The point is before we paid for the fee, I have already told the agent my sister is going to stay in that apartment for half year more. In addition, once the agent received the fee, she had brought the landlord to inspect the apartment. Before and during the inspection, she had not mention any words that the apartment was going to be taken back.

My questions are:

1) Do I really have to pay the break lease fee for change the name?

2) Could I complain the agent because she has misformed us by not noticing us the landlord would take back the house before we changed the name?

yes you can complain

Firstly you are only required to pay the rent or fees on a breaklease until it is relet

If your sister moved straight in and was paying the rent there should be no fee

secondly

You are requuire to be given the right amount of notice to terminate your lease

have a look on RTA website for more info