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Need some advice.. Ending a lease... sort of...

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  • 09-02-2009 9:33pm
    #1
    Boberto
    Registered Users Posts: 353 ✭✭


    Hi there,

    I have been renting an apartment for a year and a half having only signed a one year lease. This lease expired in July 2008 and i contacted the Management Company (landlord) to ask for a lease renewal form. He said he would send it but i never received this... I asked a second time about 2 months later when asking about plumbing repairs and again no lease renewal came.

    I am now interested in buying a property and would like to give 1 month's notice of my intention to leave. IF i had been given a new lease form this would have ended in July 2009 however as i was never sent one do you believe i should have any issues when i notify the landlord? The payments obviously continued as normal.

    Looking for some advice :)


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    #2
    speedy2007
    Registered Users Posts: 170 ✭✭speedy2007


    I have never signed a lease with my current landlord, despite reminding him about it on a few occasions. Anyway a few mths ago i was thinking of moving due to the costs, and didnt think there would be a problem due to me never having signed a lease. I emailed Threshold and asked if i was entitled to move and this is their advice on the matter on not signing a lease:
    Fixed term agreements whether written or verbal are legally binding contract for their duration although verbal agreements are more difficult to prove. Normally notice of termination cannot be given during the lease unless:



    * There is a clause in the lease which is compliant with the act
    * The other party is in breach of their obligations
    * Both parties agree at the time of termination to end the lease



    A tenant can also offer to assign or sublet and if the landlord refuses can give the appropriate notice.



    If none of the conditions listed above are applicable and the tenant breaks the lease, the landlord may make deductions from or retain the deposit and may pursue the tenant for the rent remaining on the lease.

    So for me, as i was aware that the apt was advertised as 1 yr lease, that meant it was verbal. You're situation as you have already completed the year might be different, as usually its only the first year that is a lease and from then on mth to mth. So you could say you assumed it was month to month and that there was no verbal agreement.


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    #3
    Boberto
    Registered Users Posts: 353 ✭✭Boberto


    speedy2007 wrote: »
    You're situation as you have already completed the year might be different, as usually its only the first year that is a lease and from then on mth to mth. So you could say you assumed it was month to month and that there was no verbal agreement.

    Thanks for the advice, i'll use that reasoning and be as nice as possible about it :)


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