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What happens if you need to break a 1-year lease?

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  • 30-08-2012 12:36am
    #1
    Panline
    Registered Users Posts: 74 ✭✭


    Hello,

    I'm not a tenant at the moment but I have some trouble understanding Iris laws regarding accomodations. So here is my question : If you rent an appartment (lease= 1 year) in September but you need to leave the flat before the end of the lease (let's say after 5 months), what happens? Do you:
    - have to notice your landlord X weeks before you want to leave and get your deposit back;
    - have to notice your landlord X weeks before you want to leave and don't get your deposit back;
    - have to pay the full rent until the end of the lease, even though you moved out?

    Thanks


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    #2
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    If you need to break a fixed term lease - you can seek to re-assign the lease ie find alternative tenants yourself. The options then are, the landlord accepts this and you move out, they move in, no break, you get your deposit back. If there's a gap you would be liable for any rent due for that period. If the landlord refuses to accept the new tenants then you are entitled to break your lease and get your deposit back.

    If you don't re-assign or seek to, then it is unlikely that you would get your deposit back and potentially the landlord could pursue you for rent due under the contract, have yet to hear of someone successfully getting the rent awarded to them though.

    Of course, you could just talk to your landlord and agree something else entirely. If you do, get it in writing!


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    #3
    sunnysoutheast
    Registered Users Posts: 2,072 ✭✭✭sunnysoutheast


    athtrasna wrote: »
    If the landlord refuses to accept the new tenants then you are entitled to break your lease and get your deposit back.

    Are you sure about this? Surely the landlord is entitled to carry out their own referencing?


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    #4
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    sunnysoutheast wrote: »
    Are you sure about this? Surely the landlord is entitled to carry out their own referencing?

    Its if the landlord refuses to allow a re-assign altogether. The new tenants must meet the same criteria that the existing tenants did, and the landlord is in no way obliged to agree to the new tenant if they do not like the look of them.


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