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Breaking a Lease

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  • 20-12-2012 12:54pm
    #1
    Tucker688
    Registered Users Posts: 80 ✭✭


    I moved into a house in August and signed a one year lease with my girlfriend, we have since broke up and I cannot afford the rent or get anyone into the house. Am i in my rights to break the lease with a months notice?


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    #2
    L1011
    Registered Users Posts: 68,798 ✭✭✭✭L1011


    Simple answer: no


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    #3
    Tucker688
    Registered Users Posts: 80 ✭✭Tucker688


    Does this mean I cant do it at all? Or I can do it but I will lose my deposit?


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    #4
    neil_hosey
    Registered Users Posts: 1,712 ✭✭✭neil_hosey


    find someone to take over the lease. Post it on daft


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    #5
    ChRoMe
    Registered Users Posts: 2,021 ✭✭✭ChRoMe


    Tucker688 wrote: »
    Does this mean I cant do it at all? Or I can do it but I will lose my deposit?

    You can do it, you will lose your deposit. Technically they could take you to court, but I'd be amazed if they did.


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    #6
    tierney989
    Site Banned Posts: 9 ✭tierney989


    you will lose your deposit but what i fond was that if u dont pay the last months rent your about evens whats the worst that can happen


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    #7
    L1011
    Registered Users Posts: 68,798 ✭✭✭✭L1011


    tierney989 wrote: »
    you will lose your deposit but what i fond was that if u dont pay the last months rent your about evens whats the worst that can happen

    Being chased through the courts for the remaining rent, that's what


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    #8
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Tucker688 wrote: »
    I moved into a house in August and signed a one year lease with my girlfriend, we have since broke up and I cannot afford the rent or get anyone into the house. Am i in my rights to break the lease with a months notice?
    No, you are not within your rights - you signed a contract for 1 year and one year it is. If you give a month's notice, you will lose your deposit, which I am sure you do not want to do. Furthermore, you are liable for the rent until the property is re-let.

    However, Irish law allows a tenant (but not a landlord) to get out of a fixed term lease. This is done by "assigning" the remainder of your lease to someone who will take it over, lock, stock and barrel.

    However, first you must get permission from the landlord to an assignment (if he does not give permission, you are free to leave after 28 days notice and retain your deposit (I don't know of a landlord who has refused!).

    Then, it is your responsibility (and the costs included) to find the new tenant who must be acceptable to the landlord according to his referencing criteria. You are responsible for the rent until the tenant moves in. If you have to make a rent reduction in order to get the new tenant, you are liable for the difference.


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    #9
    tierney989
    Site Banned Posts: 9 ✭tierney989


    that wont happen they would have to find u 1st my borther did it and he got sent 2 letters so he went to see a lawyer and he said the lease is not worth the paper it prainted on


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    #10
    ChRoMe
    Registered Users Posts: 2,021 ✭✭✭ChRoMe


    MYOB wrote: »
    Being chased through the courts for the remaining rent, that's what

    The chances of that are so ****ing slim, its near negligible.


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    #11
    cookie1977
    Registered Users Posts: 6,794 ✭✭✭cookie1977


    tierney989 wrote: »
    you will lose your deposit but what i fond was that if u dont pay the last months rent your about evens whats the worst that can happen

    They can take you to court


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    #12
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    cookie1977 wrote: »
    They can take you to court
    No they can't - all claims must first go through the PRTB.


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    #13
    cookie1977
    Registered Users Posts: 6,794 ✭✭✭cookie1977


    odds_on wrote: »
    No they can't - all claims must first go through the PRTB.

    And do you think the prtb will side with the contract breaker from what we know? So yes they could be taken to court.

    Do yourself a favour OP and speak to your LL. Tell them the situation and see what they say. Otherwise try to find someone to take over the lease from you. Dont get yourself into a stressful situation by breaking it. The posters warriors on here aren't in your situation so it's easier for them to say what ever they like.


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    #14
    tierney989
    Site Banned Posts: 9 ✭tierney989


    cookie1977 wrote: »
    And do you think the prtb will side with the contract breaker from what we know? So yes they could be taken to court.

    are you landlord trying to scare people


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    #15
    Scortho
    Closed Accounts Posts: 3,876 ✭✭✭Scortho


    If his ex is also on the contract, would she not be liable for the rent as well?


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    #16
    cookie1977
    Registered Users Posts: 6,794 ✭✭✭cookie1977


    tierney989 wrote: »
    are you landlord trying to scare people

    Yes I am a landlord and no I'm not trying to scare people. I've had people come to me before asking to break the lease or cut the rent mid lease. For reasons from lost their job to having to emigrate. I'm a human too and I dont want people to be crucified because of unforeseen circumstances. So we worked it out. Cut rent one time and another time where one was leaving the other person got someone in to replace them. Problem sorted with no stress for anyone


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    #17
    cookie1977
    Registered Users Posts: 6,794 ✭✭✭cookie1977


    Scortho wrote: »
    If his ex is also on the contract, would she not be liable for the rent as well?

    Both would be liable


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    #18
    Scortho
    Closed Accounts Posts: 3,876 ✭✭✭Scortho


    tierney989 wrote: »

    are you landlord trying to scare people

    Whether he is or not doesn't make any difference. The landlord is within his right to pursue him for the lost rent which may end up in court.
    What you might find however is that many couldn't be bothered too, especially if they're able to rent it quickly! However some landlords will.


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    #19
    Scortho
    Closed Accounts Posts: 3,876 ✭✭✭Scortho


    cookie1977 wrote: »

    Both would be liable

    So it's like a mortgage then. Op I'd be letting your ex know if she has signed the lease.


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    #20
    tierney989
    Site Banned Posts: 9 ✭tierney989


    cookie1977 wrote: »
    Yes I am a landlord and no I'm not trying to scare people. I've had people come to me before asking to break the lease or cut the rent mid lease. For reasons from lost their job to having to emigrate. I'm a human too and I dont want people to be crucified because of unforeseen circumstances. So we worked it out. Cut rent one time and another time where one was leaving the other person got someone in to replace them. Problem sorted with no stress for anyone

    not all landlords are that good


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    #21
    cookie1977
    Registered Users Posts: 6,794 ✭✭✭cookie1977


    Possibly, but he wont know until he asks. Landlords dont want hassle either. Most just want the rent in and the place kept intact.


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    #22
    L1011
    Registered Users Posts: 68,798 ✭✭✭✭L1011


    tierney989 wrote: »
    that wont happen they would have to find u 1st my borther did it and he got sent 2 letters so he went to see a lawyer and he said the lease is not worth the paper it prainted on

    It does happen. Not hard to find people in such a close country.

    You are being wholly irresponsible making the claims you're making


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    #23
    Tucker688
    Registered Users Posts: 80 ✭✭Tucker688


    At the end of the day, if i lose my deposit thats just what happens, I know even if i lose the depositi i will make it back in a few months in a cheaper place. do you think I should just give up on the deposit and move on,. Will there be any repurcutions if i do?


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    #24
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    Tucker688 wrote: »
    At the end of the day, if i lose my deposit thats just what happens, I know even if i lose the depositi i will make it back in a few months in a cheaper place. do you think I should just give up on the deposit and move on,. Will there be any repurcutions if i do?
    Seriously just talk to your landlord.


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    #25
    super_furry
    Registered Users Posts: 27,322 ✭✭✭✭super_furry


    Yeah contact the landlord. If it's a Dublin property, he'll have little trouble filling it anyway.


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    #26
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Tucker688 wrote: »
    At the end of the day, if i lose my deposit thats just what happens, I know even if i lose the depositi i will make it back in a few months in a cheaper place. do you think I should just give up on the deposit and move on,. Will there be any repurcutions if i do?

    Legally the landlord could persue you for the remainder of the rent.

    Realistically they almost certainly wont.

    Its up to you whether or not you want to take the chance.

    The legal option available to you is to reassign the lease. I would explore this option before bailing on your contract.


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