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Leaving house while lease is not up

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  • 20-02-2012 10:22pm
    #1
    im...LOST
    Registered Users Posts: 1,784 ✭✭✭


    Right, this might be an obvious one for some but jut want to make sure.

    3 people are renting the house, we are all thinking of moving on to different houses now.

    The lease was signed 24th of May and it's a one year lease meaning there's about 3 months left on the lease.

    If we give 30 days notice can we leave and get our deposits back or do we have to hold out for the duration of the lease in order to get our deposits back?

    Thanks for your help.


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    #2
    not even wrong
    Registered Users Posts: 480 ✭✭not even wrong


    im...LOST wrote: »
    The lease was signed 24th of May and it's a one year lease meaning there's about 3 months left on the lease.

    If we give 30 days notice can we leave and get our deposits back
    No.
    or do we have to hold out for the duration of the lease in order to get our deposits back?
    Yes. Or you can find another tenant to assign your lease to.


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    #3
    Roomic Cube
    Registered Users Posts: 688 ✭✭✭Roomic Cube


    Sorta in the same boat as OP, except we never recieved a BER certificate to begin with, which voids the lease?


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    #4
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Roomic Cube wrote: »
    Sorta in the same boat as OP, except we never recieved a BER certificate to begin with, which voids the lease?

    Firstly, you cannot break a fixed term lease. It is a contract from the starting date to the termination date (that is why it is called a fixed term) and unless there is a break clause, you cannot just give a period of notice and leave. You will not get your deposit back and the landlord can pursue you for the rent until the termination of the lease.

    However, the Residential Tenancies Act 2004, gives the tenant a get out system (which option the landlord does not have) whereby the tenant can assign his part of the lease to another person, an assignee. The tenant must find the assignee whom the landlord must pass the landlord's checks. If the landlord has to find a new tenant, you are responsible for his reasonable costs in so doing.

    As regards not having seen a BER cert before you signed a lease, it was only in the opinion of the Irish law Society that a lease may be void if one was not shown. There is nothing in law that says a lease is void.


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