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breaking a lease

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  • 06-03-2012 10:47am
    #1
    DjembaDjemba
    Banned (with Prison Access) Posts: 102 ✭✭


    Im staying in a flat which is a fixed rate flat for 3 months. I've been living here for 7 weeks now, and just today got a call saying that a sick family member is after getting worse at home. Basically its an emergency and I need to fly back this weekend. The landlord and secretaries here wont let me leave without paying for the whole 3 months and don't seem to care that I have an emergency, the even took the piss and started laughing about it, saying the don't believe it and all this.

    If I pay upfront for the remaining 5 weeks, then I wont be able to afford to fly back, so what can I do here? Am I stuck now? They are threatening me with court and all this and being very forceful trying to intimidate me. I really need and want to get back home now, as this could turn very serious very quickly, and really didn't want this hassle. Do I have any legal way of getting out of this and back to Ireland? Can they stop me flying home? They have my passport also which was scanned before I was given the keys.

    A mate of mine text me today saying to do a runner overnight if all things fail, while I consider this a bit extreme, if I'm not able to get out of this, it will resort to something like that. Booking a flight, leaving the flat overnight, leaving the key under the secretaries door or something and taking the flight. But if I do that, can there be any repercussions? Can they notify the police about it, and if so, what can happen? Surely the police wont force you to come back to the apartment just to pay a few weeks rent? Im guessing my details would be put on a sort of register and it would affect my ability to rent here if I come back, but since im on a WHV, and dont consider Oz to be that great of a country anyway, I don't know if I will ever come back, apart from perhaps holidays.

    So basically what can I do here? Cheers


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    #2
    DjembaDjemba
    Banned (with Prison Access) Posts: 102 ✭✭DjembaDjemba


    I should say that I didnt pay a bond on the flat as its such a short term stay, and when I was moving in the landlord said they usually dont charge people a bond unless they look dodgy.

    Any Ideas guys? Really need to find out in the next few days and dont want to pushed around by this crowd if there is indeed nothing they can do if I just leave.


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    #3
    karl bracken
    Registered Users Posts: 387 ✭✭karl bracken


    if you have to go you have to go, once you have your passport thats the main thing. I cant imagine the police or immigration caring about a 500 dollar rent bill.
    Once you start you WHV it runs for one year and when its up its gone.
    Have a chat to them again and if you feel bad sort out the rent but if there being dicks just leave, no bond no lease agreement you owe them nothing. Dont be bullied.


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    #4
    elliott550
    Registered Users Posts: 47 ✭elliott550


    If you have time maybe sub let using gumtree? Even if you have to take a slight hit in lower rent to fill the place. It could get rid of the problem and allow you to concentrate on more serious matters


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    #5
    DjembaDjemba
    Banned (with Prison Access) Posts: 102 ✭✭DjembaDjemba


    karl bracken wrote: »
    if you have to go you have to go, once you have your passport thats the main thing. I cant imagine the police or immigration caring about a 500 dollar rent bill.
    Once you start you WHV it runs for one year and when its up its gone.
    Have a chat to them again and if you feel bad sort out the rent but if there being dicks just leave, no bond no lease agreement you owe them nothing. Dont be bullied.
    I signed a lease when I came in first though, and its a fixed term 3 month agreement, or do you mean something else by no lease agreement?

    I know, I may have to just leave overnight if push comes to shove. How would I give them back the keys though, as im sure if I give them back to them face to face, then they will kick up about it and threaten me.
    elliott550 wrote: »
    If you have time maybe sub let using gumtree? Even if you have to take a slight hit in lower rent to fill the place. It could get rid of the problem and allow you to concentrate on more serious matters
    What do you mean by sub let? Do you mean get someone else to take over the rent from me?


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    #6
    elliott550
    Registered Users Posts: 47 ✭elliott550


    Yup, place an ad on gumtree under short term lets. There's big demand for rental property in oz so if its well priced you should be able to have someone in in no time.


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    #7
    Mellor
    Registered Users Posts: 39,346 ✭✭✭✭Mellor


    A short term rental should of still taken a bond from you. The reason for it is incase you wish to break the lease early. They keep it to cover the time they spend tryign to fill it.

    Honestly, I'd be out the door. Without paying. If they threaten you with court, tell them to go for it. You are leaving the country, show them your flight home.


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    #8
    stephenmario
    Registered Users Posts: 132 ✭✭stephenmario


    Doing a runner should not be last resort... try to get someone in using gumtree you probably will pretty easy.... but if not do a runner its not the end of the world if he tries to bring you to court....


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    #9
    gazmc18
    Registered Users Posts: 99 ✭✭gazmc18


    stephenmario wrote: »
    Doing a runner should not be last resort... try to get someone in using gumtree you probably will pretty easy.... but if not do a runner its not the end of the world if he tries to bring you to court....
    Op you are heading home to Ireland and more than likely not returning! Honestly you have a sick family member throw them the keys and that's it.no one will stop you.i know its probably bad karma but you got more important things to worry about.
    Don't worry about sub letting either there's no need.no court in the land would convict you of this anyway.


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    #10
    jilltyler
    Closed Accounts Posts: 1 ✭jilltyler


    Well, financially speaking, breaking a rental agreement can be quite painful. However, it is possible to manage breaking a lease so that the majority of the fire is avoided. There is another way to break a lease with only a minimal penalty. One should exercise early termination clause because not all rental contracts have this. Begging can be helpful too, because landlords are also human. It is always good to explain every detail that may cause you to break your lease and don’t pull emotional punches. Find out how today. Source for this article: How to break a lease with little or no penalty.


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    #11
    NoelAPM
    Registered Users Posts: 447 ✭✭NoelAPM


    I'd have thought such matters were of a Civil Nature. Unless you've done criminal damage to the property I wouldn't think police or courts come into the equation. you'll leave, landlord will find someone else, and will continue being a landlord and a w*****, and will forget you were there in 2 days.


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