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1-year lease problem

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  • 19-03-2009 12:50pm
    #1
    Closed Accounts Posts: 8


    Hey guys,

    Need some help! :confused:
    If you sign a 1 year release and you're unhappy with the situation after a couple of months. Is there anyway you can leave without losing your deposit?
    I mean, there could be numrous reasons why you need to leave, lost job, need bigger apartment etc.

    I've heard of 1 months notice, does that comply with 1 year lease too? And are you fully entitled to get your deposit back then?

    Im located in Dublin

    Cheers


Comments

  • Registered Users Posts: 2,789 ✭✭✭grizzly


    In reality it all comes down to the owner you're renting from. They might say you'll have to find someone to replace you before a deposit is returned. They might have no problem with giving it back after enough notice (less likely). Best to just call them and explain your situation and take it from there.


  • Closed Accounts Posts: 149 ✭✭That Girl..


    Hi OP..

    Me & my boyfriend were renting a house but had to move out after a few months because he lost his job.. He went in and said it to them and they said for us to give one weeks notice and we got our full deposit back..

    With the way things are now they have to understand..

    Your best bet is to ring them up and see what they say - tell them you lost your job or whatever..


  • Registered Users Posts: 2,062 ✭✭✭dlambirl


    It all depends on who your renting from.

    Some people are fine and have no quims about giving you back your full deposit once you have given adequant notice and that the property is in good condition.

    Some on the other hand are P*i*ks and just want to keep the money and will use any excuse not to.

    My advice would be to contact your landlord and explain to them nicely that you are struggling to pay the rent or for whatever reason and that you needed to leave and needed your deposit.


  • Closed Accounts Posts: 8 samfisher


    Hi,
    Thanks for the replies.

    I spoke to my landlord who said that its not possible, either I find someone else to replace me or stay the lease out.

    So I read bit on Threshold, where it said that if I found a replacement for me, and the landlord refuse to approve it, Im entitled to leave a Notice of Termination.

    Is there a law/rule for how many people allowed living in an apartment?
    Lets say there is a 2 bedroom apartment, and we find 4 people to share this between each other. Can the landlord agency refuse this? If its against THEIR policy, but not Rent Allowance.


    http://www.threshold.ie/page.asp?menu=70&page=240


  • Registered Users Posts: 1,366 ✭✭✭whizzbang


    samfisher wrote: »
    Hi,
    Is there a law/rule for how many people allowed living in an apartment?
    Lets say there is a 2 bedroom apartment, and we find 4 people to share this between each other. Can the landlord agency refuse this? If its against THEIR policy, but not Rent Allowance.


    http://www.threshold.ie/page.asp?menu=70&page=240

    Looks up the property on the PRTB registry http://www.prtb.ie/pubregister.htm , it will say how many can live in the place legally. Most 2 beds seem to be approved up to 4 people.


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  • Registered Users Posts: 78,392 ✭✭✭✭Victor


    samfisher wrote: »
    Is there a law/rule for how many people allowed living in an apartment?
    The law doesn't really care until it becomes a fire or public health issue. With your landlord, you probably need to treat each other reasonably - you can't put 23 people in there and expect the landlord to accept. The tenants may need to be of similar or better "quality" - it would be unreasonable to replace a professional couple with some homeless alcoholics.
    Lets say there is a 2 bedroom apartment, and we find 4 people to share this between each other. Can the landlord agency refuse this? If its against THEIR policy, but not Rent Allowance.
    If its two double / twin rooms, that probably isn't unreasonable.


  • Closed Accounts Posts: 439 ✭✭Emerald Lass


    dlambirl wrote: »
    Some on the other hand are P*i*ks and just want to keep the money and will use any excuse not to.

    come on! its not simply that LL's who don't give back a deposit are p*i*ks! I mean if you sign a lease and agree to give a fixed one year of rent you are basically breaking your contrct with the LL. Some LLs are lucky enough to be in a position financially to be able to manage if you move out early - either they have a very small or no mortgage on the property so can cover the vacant period, or they are lucky enough to get a new tenant quickly. In those cases, fair enough, give back the deposit. but in the current climate, not all LLs are money hungry - some bought properties for investment a few years ago, and need the property rented to cover its repayments. some LL's themselves have lost jobs etc and cannot afford a vacant period. For every type of tenant there are as many LL's and just because a LL doesn't give back a deposit if a fixed term lease is broken does not make them a prick. not all LLs are money grabbing slum lords you know.

    A fixed term lease is there for the benefit of both parties - if the LL threw the tenant out after a few months would you call the tenant a prick?

    OP - the answer to your question depends almost entirely upon the quality fo your lease. My advice is to speak to threshold or similar, and find out how enforceable your lease is. If indeed it is a case that you would be liable for the deposit (and if so technically also for the remaining months rent!) you need to speak to the LL and see if there is any arrangement you can come to which will be acceptable to both of you. Being straight with the LL from the outset is the best way forward, as trying to do a bunk, or piss them off only guarantees getting their back up and makes it more likely they will keep the deposit. Have a few suggestions for alternatives - such as possible rent reduction, possibility of taking in a sub-tenant, etc.

    good luck


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