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One year lease

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  • 23-06-2010 8:29pm
    #1
    Penn
    Registered Users Posts: 33,650 ✭✭✭✭


    Just back from viewing a one bed apartment to rent. Thinking of taking it. My problem is, it's a one year lease. I have no problem with that in theory as I probably would be there for a while. But I was just wondering what would happen if I were to need to leave before the lease was up. I mentioned to the letting agent that I'd need to only have to give one month's notice and she kinda nodded.

    I was just wondering, if I signed the lease and 7 months later I lost my job and had to leave, what would my obligations be towards the landlords? Would I be able to give one months notice and leave, or would I have to find someone to take over the lease or continue to pay the rent. I'm guessing if I didn't pay the rent they'd keep my deposit, but would they be able to do anything else?

    Any advice would be greatly appreciated


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    #2
    ilovesleep
    Closed Accounts Posts: 3,619 ✭✭✭ilovesleep


    Id be interested in knowing this too please. Im on foot walking to and from work everyday and may need to move back home for the winter months because its closer to work otherwise it would be one hell of a struggle to get to work during the winter.


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    #3
    who_ru
    Registered Users Posts: 2,033 ✭✭✭who_ru


    i'm almost certain you would be liable for the rent for the months you are not there - to avoid this you would have to find a tenant to take over the contract.


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    #4
    ilovesleep
    Closed Accounts Posts: 3,619 ✭✭✭ilovesleep


    who_ru wrote: »
    i'm almost certain you would be liable for the rent for the months you are not there - to avoid this you would have to find a tenant to take over the contract.

    Ah crap! I might keep the place as a weekend place for december, janaury and febaury - the icy months or buy myself a pair of snow boots and a powerful flashlight.


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    #5
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    paddyirishman85 wrote: »
    Just back from viewing a one bed apartment to rent. Thinking of taking it. My problem is, it's a one year lease. I have no problem with that in theory as I probably would be there for a while. But I was just wondering what would happen if I were to need to leave before the lease was up. I mentioned to the letting agent that I'd need to only have to give one month's notice and she kinda nodded.

    I was just wondering, if I signed the lease and 7 months later I lost my job and had to leave, what would my obligations be towards the landlords? Would I be able to give one months notice and leave, or would I have to find someone to take over the lease or continue to pay the rent. I'm guessing if I didn't pay the rent they'd keep my deposit, but would they be able to do anything else?

    Any advice would be greatly appreciated

    treat that EA's nod with the contempt it deserves. demand a break clause in the lease allowing you to break it with x amout of notice. if its not in writting its not worth anything


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    #6
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    KillerKity wrote: »
    Don't worry guys. If you want to move out before the lease is up all you have to do legally is give one months notice. If anyone say different they're wrong :P

    not sure if this is supposed to be tonge in cheek or not but either way its factually incorrect


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    #7
    crazypole
    Closed Accounts Posts: 8 ✭crazypole


    I had an agreement with the landlord that I can move away anytime providing 42 days notice (and deposit will be returned). On the other hand, it's not written anywhere.
    I have no intention of moving out for now, but I will insist on having it written in next lease contract.


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    #8
    facksake
    Closed Accounts Posts: 35 ✭facksake


    A lease is an agreement between two parties OP, not just the landlord or EA telling you what's in it. It's open to negotiation.

    My advice would be to say "i'll take it if the following conditions are included in the lease agreement". I'm saying this from experience, i have break clauses in my one year lease at 3 month intervals at my request. I'm the only one that can excercise this right also, the landlord can't. I said that I couldn't comfortably commit to a year long lease due to the fact that i'm concerned about my job security. The EA put it in the lease in writing and that's that


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    #9
    MysticalSoul
    Registered Users Posts: 1,266 ✭✭✭MysticalSoul


    Unless a lease has a break clause in it, you are obliged to fulfill your obligations of it (ie stay there for a year). If you were to move out before the year was up, the landlord can chase you through the courts for the remaining rent monies due.


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    #10
    Penn
    Registered Users Posts: 33,650 ✭✭✭✭Penn


    Thanks all. I'll be speaking to the estate agent in a while so I'll make sure to say that I need the break clauses written in the lease

    Cheers


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    #11
    Ste.phen
    Registered Users Posts: 2,808 ✭✭✭Ste.phen


    KillerKity wrote: »
    Don't worry guys. If you want to move out before the lease is up all you have to do legally is give one months notice. If anyone say different they're wrong :P

    This is such bad advice it's not even funny. I'm fairly sure you were joking, but the other posters might not know that!


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    #12
    Duckjob
    Registered Users Posts: 2,859 ✭✭✭Duckjob


    D3PO wrote: »
    treat that EA's nod with the contempt it deserves. demand a break clause in the lease allowing you to break it with x amout of notice. if its not in writting its not worth anything

    +1.

    If you're not happy with something in the contract, don't accept a nod and a wink and a "shure don't worry about that" from the EA. Force them to be professional about it and get the contract changed.

    There's never been a better time for tenants to negotiate their contracts.


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    #13
    Penn
    Registered Users Posts: 33,650 ✭✭✭✭Penn


    The owners didn't want to accept anything less than a full one year lease, but managed to get a six month break clause attached. Would rather have had it at every three months, but no deal. Should be alright at six months though anyway, like I said, not planning on leaving it.

    Thanks all. All going well I should be moving in soon, so I'm sure I'll have plenty more questions for you


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    #14
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    KillerKity wrote: »
    Don't worry guys. If you want to move out before the lease is up all you have to do legally is give one months notice. If anyone say different they're wrong :P

    Incorrect. This only applies to Section 4 tenancies. If you have a lease with a specific duration attached to it- you are legally liable to pay the rent specified in the lease, for the period of the lease, irrespective of when you move out. You are entitled under the 2004 Act to sublet to a suitable tenant- however if you do so- and the rental income is less than specified in your lease- you are legally obliged to make up the difference.

    A lease protects both Landlords and Tenants- but is a legal document with responsibilities for both parties associated with it. It should not be entered into lightly.

    Please research your replies a little better.

    Regards,

    SMcCarrick


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