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Breaking Lease

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  • 02-12-2011 10:52pm
    #1
    Raminahobbin
    Closed Accounts Posts: 1,983 ✭✭✭


    Hi all,

    Just asking a query on behalf of a friend. He is sharing a house with his wife and another couple. Both couples have a young child. He is due another child in a couple of months and wants to break the lease so that he can move into an apartment for just him and his family.

    The other couple have been quite hostile towards them since they mentioned they want to break the lease, and the situation in the house has become verrrry bad. The other couple refuse to cover the rest of the rent and do not wish to leave.

    Where does my friend stand on obligations to cover rent etc if he gives his notice and leaves the house?

    In his lease, it states that the tenant can terminate the agreement without stating grounds at any time, by serving written notice to the landlord. I'm just trying to see if he can leave if he does this, either based on the fact that the other couple have become very hostile, or based on the fact that the lease states he can terminate at any time.


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    #2
    Bigcheeze
    Closed Accounts Posts: 2,858 ✭✭✭Bigcheeze


    Who is the tenant in the lease?


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    #3
    silja
    Registered Users Posts: 2,921 ✭✭✭silja


    "tenant can terminate the agreement without stating grounds at any time"
    If this is indeed true, he can leave without giving a reason. Seems very odd clause though.


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    #4
    Raminahobbin
    Closed Accounts Posts: 1,983 ✭✭✭Raminahobbin


    The lease has four people on it; My friend, his wife and the other couple.

    That's almost word for word what it says on the lease, but it does say he has to give written 28days notice. It is a strange thing to have on a lease, but it's there and I think it means he can leave. I'm just not sure how this clause leaves him legally considering the normal would be that he is responsible for the remainder of the rent (I think) if the other people on the lease don't agree to cover the remaining rent.

    Essentially, the landlord has given his permission to couple A. Couple B are not happy and refuse to pay any more rent, and refuse to leave the house also. Couple A have offered to pay December rent AND January rent, but couple B are threatening to sue them for each months rent until May (lease end) if they have to pay it. The landlord has no idea what to do as he doesn't want to reduce the rent, so we are waiting until Monday to speak to the PRTB.

    At the moment, the two couples cannot be in the same room as each other without fighting, and couple A have had to arrange alternative accommodation this weekend, which is not great considering she's 6 months pregnant and with a young child.

    Legally, considering the living conditions have become so hostile and the fact that the correct notice period is being adhered to, can my friend leave without being afraid of being sued/having to pay until May?


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