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Breaking a lease

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  • 08-03-2004 4:38pm
    #1
    Registered Users Posts: 5,307 ✭✭✭


    A quick question? Myself and a few others are living in a three bed apartment, and are planning on moving out, and our lease is up on the 31st of May.

    However we have found the perfect place now. So what we are planning on doing is giving the landlord 1 months notice, and pay for the full month of April even though our months notice will only take us up until the middle of April. Of course we will pay any outstanding bills. We understand that the landlord will probably keep our deposit to cover costs.

    Do you see him having any objections to this arrangement? Or does anybody think there will be any trouble? Has anyody been in a similar situation and what did you do?


Comments

  • Moderators Posts: 6,860 ✭✭✭Spocker


    Originally posted by cruiserweight
    So what we are planning on doing is giving the landlord 1 months notice, and pay for the full month of April even though our months notice will only take us up until the middle of April. Of course we will pay any outstanding bills. We understand that the landlord will probably keep our deposit to cover costs.

    Sounds like you're doing the right thing. The lease is not there to do you out of money - it's only to set out the rules: pay the bills, no dogs etc, etc.

    To be honest I can't really see your landlord having a problem with any of what you suggest. You're giving him one months notice (I presume this is the time actually written in the lease..?).

    If you do pay the outstanding bills and the place is in the same shape as when you arrived all should be OK.

    The landlord can not keep your deposit to "cover costs" unless you run out witout paying or break the fridge or something - always ask for your deposit back unless your landlord can point out the clause in your lease that you have broken as a reason for him to keep it!

    In the end no matter what advice you're given here it really is between you and your landlord - give him/her a ring and explain the situation. At the end of the day they can't kick you out for looking at another property - they'd break their own lease.


  • Registered Users Posts: 78,387 ✭✭✭✭Victor


    If you are leaving a month before the end of the lease, the landlord would be entitled to, if necessary, set the deposit against the premature re-letting of the property, including covering any vacant period or reduced rent. To avoid any vacant period tell him ASAP and facilitate in the re-letting.

    Entering a one year lease commits you to that one year lease. Paying monthly is merely a convenience to you, it is not a monthly letting.


  • Registered Users Posts: 5,307 ✭✭✭cruiserweight


    I understand that, I am full sure that he will keep the deposit as it is his entitlement. I was just more curious had anybody else been in a similar situation and how had it turned out for them?


  • Registered Users Posts: 2,297 ✭✭✭laoisfan


    if you pay the outstanding amount remaining on the lease plus any outstanding or expected bills AND the place is in good nick, nothing broken etc etc then He has to refund you the deposit.....unless you both come to a mutual agreement of course!!

    --laoisfan


  • Registered Users Posts: 938 ✭✭✭logic


    As far as I know, even though the lease is signed for a year, you can still
    move out when you like and get your deposit back, providing the letting
    market is not in a bad way. Best thing to do is to confirm this with
    an estate agent.

    I am ending my lease prematurely due a dispute with our neighbours.
    The landlord said she would organise the deposit and that without
    even being asked.


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  • Registered Users Posts: 78,387 ✭✭✭✭Victor


    Originally posted by logic
    As far as I know, even though the lease is signed for a year, you can still move out when you like and get your deposit back, providing the letting market is not in a bad way.
    This may be a practical solution in some cases, but the landlord is under no obligation.


  • Registered Users Posts: 5,307 ✭✭✭cruiserweight


    having talked to the letting agent it seems that if they can get someone to move asap we lose nothing!Otherwise we lose it all!


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