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Signed lease up until November 2010, can we vacate sooner?

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  • 24-05-2010 11:39am
    #1
    CamperMan
    Registered Users Posts: 1,835 ✭✭✭


    Hi,

    we moved into a property in November 2009, landlord insisted on a years lease, however, we want to give a months notice to vacate by the end of June 2010, what are my rights? Can I give a months notice and move out before November?

    Reason is, we will be starting a new build and will be living in the mobile home on site, also cannot really afford to keep paying the rent, need to save money


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    #2
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    What does your lease say? Surely you have a written contract, which would outline any clauses with possible reasons for early vacation?

    Otherwise, you signed a lease for a year, so you are liable for a year.

    Talk to your landlord.


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    #3
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    if you have no break clause your bound to the year. Dont sign a legally binding contract if you dont know what your signing. The fact your asking what your rights are is incredible :eek:


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    #4
    Cathmandooo
    Registered Users Posts: 17,324 ✭✭✭✭Cathmandooo


    It depends on your landlord and your lease.

    If your lease is for a fixed term of 1 year then your landlord is entitled to chase you for the full remaining rent.

    Your landlord may just take your deposit and let you move out at the end of June.


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    #5
    CamperMan
    Registered Users Posts: 1,835 ✭✭✭CamperMan


    all I can see about termination is a line about if we terminate the contract early we lose the deposit paid


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    #6
    Cathmandooo
    Registered Users Posts: 17,324 ✭✭✭✭Cathmandooo


    CamperMan wrote: »
    all I can see about termination is a line about if we terminate the contract early we lose the deposit paid

    There's your answer then. You'll lose your deposit.


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    #7
    CamperMan
    Registered Users Posts: 1,835 ✭✭✭CamperMan


    Cathooo wrote: »
    There's your answer then. You'll lose your deposit.

    not that worried about the deposit....


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    #8
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,505 Mod ✭✭✭✭johnnyskeleton


    Ask the landlord (in writing) to assign the lease to someone else. You may have to find someone to take up the lease in your place.

    See here for more info:
    http://www.threshold.ie/page.asp?menu=70&page=240


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    #9
    TwoShedsJackson
    Closed Accounts Posts: 9,438 ✭✭✭TwoShedsJackson


    CamperMan wrote: »
    not that worried about the deposit....

    Then you should be fine. Be aware that the landlord would be able to chase you for the rent on the remaining term of the lease. Whether or not he bothers to do this would be up to him.


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    #10
    CamperMan
    Registered Users Posts: 1,835 ✭✭✭CamperMan


    TwoShedsJackson wrote: »
    Then you should be fine. Be aware that the landlord would be able to chase you for the rent on the remaining term of the lease. Whether or not he bothers to do this would be up to him.

    what if we had a list of problems, like problem with high levels of carbon monoxide that set the detector off when you have the fire lit, or the leak from the ceiling when you run the sink or the bath, there just 2 of the bigger problems, plenty of other issues


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    #11
    Merch
    Closed Accounts Posts: 3,327 ✭✭✭Merch


    did you inform the landlord of the problems or are you now just using that as a reason to get out?
    are you talking about an open fire? is the detector working ok?


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    #12
    billybigunz
    Closed Accounts Posts: 925 ✭✭✭billybigunz


    Just ask your landlord can you assign your lease to somebody else. If they refuse then you are due your deposit back.

    From Threshold. The act says the same thing.
    If a tenant wants to end of fixed-term tenancy early, they should inform the landlord in writing of their wish to assign or sublet the lease. Where the landlord refuses to give his or her consent, the tenant is entitled to serve a Notice of Termination.

    The length of notice is determined by duration of the tenancy (see the Table above) and the Notice should correspond to the example Notice of Termination provided above.

    The tenant is entitled to the return of their deposit if they take these steps.


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    #13
    CamperMan
    Registered Users Posts: 1,835 ✭✭✭CamperMan


    Merch wrote: »
    did you inform the landlord of the problems or are you now just using that as a reason to get out?
    are you talking about an open fire? is the detector working ok?

    open fire, detector working OK, I have mentioned the problem to the landlord a couple of times and the solution I am given is simply to leave the windows open slightly, what is the point of that, having the windows open, your letting the heat out.. as soon as you close the windows, the room starts to fill with smoke


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    #14
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,215 Mod ✭✭✭✭godtabh


    CamperMan wrote: »
    what if we had a list of problems, like problem with high levels of carbon monoxide that set the detector off when you have the fire lit, or the leak from the ceiling when you run the sink or the bath, there just 2 of the bigger problems, plenty of other issues

    Doesnt burning fire cause carbon monoxide?


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