Can I leave my 12 month lease early?

TheDublinMan

I signed a 12 month lease in November 08, but now I can't really afford my rent plus rents in surrounding premises have dropped some are now up to €300 cheaper :eek:than mine. If I give the apropriate 28 days notice am I entitled to my deposit back?

dumbyearbook

TheDublinMan wrote: »

I signed a 12 month lease in November 08, but now I can't really afford my rent plus rents in surrounding premises have dropped some are now up to €300 cheaper :eek:than mine. If I give the apropriate 28 days notice am I entitled to my deposit back?

The legislation says 42 days afaik (most call it a month), give LL the notice asap and you're entitled to deposit back.

You're best to try and re-negotiate the rent than leave though, better for all concerned.

TheInquisitor

TheDublinMan wrote: »

I signed a 12 month lease in November 08, but now I can't really afford my rent plus rents in surrounding premises have dropped some are now up to €300 cheaper :eek:than mine. If I give the apropriate 28 days notice am I entitled to my deposit back?

Not if you signed a 12 month lease agreement...You will loose your deposit. Talk to the landlord, tell them your circumstance if you have lost your job or are on less wages/hours etc they might be receptive, worth a shot anyway.

dumbyearbook

TheInquisitor wrote: »

Not if you signed a 12 month lease agreement...You will loose your deposit. Talk to the landlord, tell them your circumstance if you have lost your job or are on less wages/hours etc they might be receptive, worth a shot anyway.

^ don't agree at all, each lease is different, very few leases are that binding. If you provide notice and its provided for in the lease which it appears to be here, you'll get it back

OP discuss with the LL and you'll solve it, he'll drop the rent rather than have to search for new tenants i rents for similar are down 300euro in the area.

SueWho

PRTB should be your bible on this. Don't listen to anyone else.

http://www.prtb.ie/downloads.htm

One quote from them:

"A tenancy may be terminated by either the landlord or the tenant for any one of a number of reasons. It could be due to a change of circumstances (e.g. the tenant buys a house, the landlord decides to sell the house) or because of the behaviour of the parties (e.g. the landlord is constantly disturbing the tenant, the tenant is in arrears of rent). No matter what the reason for the termination, the process is always the same. The person ending the tenancy must serve a notice of termination on the other party and that notice must comply with the Residential Tenancies Act 2004 in terms of the content of the notice itself and the amount of notice (i.e. what period of time until the dwelling is to be vacated) given. The content of the notice will depend on whether it is served by the landlord or tenant, the length of the tenancy and the reason for the termination."

Notice Periods for the Termination of a Tenancy by the Tenant

Less than 6 months- 28 days notice

6 months or more but less than 1 year- 35 days notice

1 year or more but less than 2 years- 42 days notice




When can I keep the security deposit to cover damages?

[/B]This is the area that causes most disputes between landlords and tenants. A deposit (or a portion of it) can only be retained if the tenant breached the terms of the lease agreement that results in loss or damage to the property that exceeds ‘normal wear and tear’.
Tenants are entitled to a refund of the deposit amount paid at the commencement of the tenancy, where there is no rent outstanding and there is no damage to the dwelling beyond normal wear and tear at the end of the tenancy. Landlords are required to refund the deposit promptly less any deductions in respect of outstanding rent and damage in excess of normal wear and tear.
If the landlord retains a deposit, the tenant must be provided with a written and itemised explanation of the reasons why. It is important to keep receipts for repairs to damages or items replaced. These will be required if the tenant complains to the PRTB."

dumbyearbook

Just chat with your LL on it ask for a discount and leave the PRTB out of it unless you need to bring it up.

No point complicating a simple thing with that gang.

---

as a tenant you have to listen to others not just the PRTB as they represent tenants and there is more than just tenants involved.

kaimera

Unless it's in the lease contract about being able to leave early, you won't get the deposit back.

In the same situation myself; housemate being made redundant and we couldn't afford rent so had to leave before the 12months were up.

threshold.ie tell me cos it was a 12 month contract we could be liable for rent for the rest of the term tho and couldn't give a months notice cos I was away for the last number of weeks.

It prolly will boil down to the landlord...ours wasn't going to give us our deposit back (prolly cos he knows he won't get anybody to pay the rent we were paying but thems the breaks etc etc)

Big_Dirty_Pig

I left my 12 month lease a month early, because my house was broken into, the stupid bitch from the letting agency assured me that this was fine and we'd get the deposit back however the landlord disagreed and retained it.
So I guess it's worth asking.

quad_red

SueWho wrote: »

PRTB should be your bible on this. Don't listen to anyone else.

http://www.prtb.ie/downloads.htm

One quote from them:

"A tenancy may be terminated by either the landlord or the tenant for any one of a number of reasons. It could be due to a change of circumstances (e.g. the tenant buys a house, the landlord decides to sell the house) or because of the behaviour of the parties (e.g. the landlord is constantly disturbing the tenant, the tenant is in arrears of rent). No matter what the reason for the termination, the process is always the same. The person ending the tenancy must serve a notice of termination on the other party and that notice must comply with the Residential Tenancies Act 2004 in terms of the content of the notice itself and the amount of notice (i.e. what period of time until the dwelling is to be vacated) given. The content of the notice will depend on whether it is served by the landlord or tenant, the length of the tenancy and the reason for the termination."

Notice Periods for the Termination of a Tenancy by the Tenant

Less than 6 months- 28 days notice

6 months or more but less than 1 year- 35 days notice

1 year or more but less than 2 years- 42 days notice

The above only applies if there isn't a lease of a specific length.

Last September our lease was up (we'd been our place for two years). Didn't want to sign a lease but management company were insistent that they needed one signed for 'administrative reasons' (I know, I know, retards were we) but that if our circumstances changed they would let us leave with a months notice.

Guess what - they won't. We have to serve our lease out or pay the balance.

kaimera

quad_red wrote: »

The above only applies if there isn't a lease of a specific length.

Last September our lease was up (we'd been our place for two years). Didn't want to sign a lease but management company were insistent that they needed one signed for 'administrative reasons' (I know, I know, retards were we) but that if our circumstances changed they would let us leave with a months notice.

Guess what - they won't. We have to serve our lease out or pay the balance.

ouch what a **** :mad:

of course there wasn't a hope of them putting that in writing.

quad_red

Yup.

Naive of us or what?

But lesson learned.