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Leaving before the end of a lease?

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  • 05-08-2006 10:38pm
    #1
    damo
    Closed Accounts Posts: 1,074 ✭✭✭


    Can anyone tell me what my legal rights are reguarding moving out of my flat before the (6 month) lease runs out?

    If i give one months notice am i entitled to leave?

    Thanks.


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    #2
    Victor
    Registered Users Posts: 78,392 ✭✭✭✭Victor


    What does you lease say? It probably say you must pay for the six months. That you pay monthly is merely a matter of convenience.

    Best option is tell your landlord early and offer to find a replacement.


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    #3
    BC
    Registered Users Posts: 1,326 ✭✭✭BC


    If you break the lease you are usually liable for the rent for the rest of the term of the lease (ie. the rent for the remainder of the 6 months). In reality if you talk nicely the landlord/letting agency they will probably let you away with it. I did this before when i was renting and the landlord said as long as i find someone suitable and get all their documentation etc then he didn't have a problem with me breaking the lease.


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    #4
    lomb
    Registered Users Posts: 6,031 ✭✭✭lomb


    i think legally if u can sublet it to a replacement then a landlord cannot insist u complete the lease. if he declines a 'reasonable' tenant then the lease is probably unenforcable. problem is im almost sure the original tenant acts as gaurantor for the new tenant if he doesnt pay or destroys the place. thats the legal position anyway. the reality is probably if you are nice u may just be able to walk away.


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    #5
    BC
    Registered Users Posts: 1,326 ✭✭✭BC


    lomb wrote:
    i think legally if u can sublet it to a replacement then a landlord cannot insist u complete the lease. [\QUOTE]

    I'm fairly sure this isn't true. The contract is between landlord and tenant, not between landlord and anybody suitable, so the landlord can insist if they want to be awkward about it.


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    #6
    antoinolachtnai
    Registered Users Posts: 9,787 ✭✭✭antoinolachtnai


    Usually these leases can't be 'assigned' in the way a commercial lease can.

    On the other hand, in practice the landlord probably can't *really* hold you liable for 6 months rent in practice. He can only charge you a reasonable amount to cover his rental void and his reletting costs. He could certainly keep your deposit and maybe charge another month, maybe two if the market was slow or if he had to let it at a lower rent.

    Generally these things have an amicable solution if everyone is reasonable.


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    #7
    Calina
    Registered Users Posts: 8,219 ✭✭✭Calina


    lomb wrote:
    i think legally if u can sublet it to a replacement then a landlord cannot insist u complete the lease. if he declines a 'reasonable' tenant then the lease is probably unenforcable. problem is im almost sure the original tenant acts as gaurantor for the new tenant if he doesnt pay or destroys the place. thats the legal position anyway. the reality is probably if you are nice u may just be able to walk away.

    Most leases have a clause expressly forbidding subletting. Certainly the last two that I signed had such a clause, and since most landlords in my experience use a fairly standard lease, I don't know what you think you're talking about.


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