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Break lease

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  • 27-12-2012 5:06pm
    #1
    sabii29
    Registered Users Posts: 17 ✭


    hi,we are renting house, we signed contract for one year,it finished on july 2012,but we agreed to stay for one year,but didnt sign new contract. now we must to move to other part of ireland due to work transfer. so can we give landlord notice and move out before next july and get our deposit back?


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    #2
    smcgiff
    Closed Accounts Posts: 5,943 ✭✭✭smcgiff


    You should be fine. It's the LL fault for accepting your word.


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    #3
    beaner88
    Site Banned Posts: 154 ✭✭beaner88


    Do a search for the thousands of other threads on the topic.

    https://www.google.ie/search?q=break+lease+site%3Aboards.ie&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-GB:official&client=firefox-a


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


    There is supposedly such a thing as a verbal contract, but honestly I doubt any landlord would have a chance of making it stand up legally. If they wanted the security of a fixed term lease they should have put pen to paper; as it stands you should have no issues giving your 42 days notice and leaving.


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    #5
    murphaph
    Registered Users Posts: 19,022 ✭✭✭✭murphaph


    You just have to give your Part IV notice and leave. I wouldn't expect your LL to be enthusiastically returning your deposit in full however, now that you're breaking your gentleman's agreement with him. He may find that lots of "cleaning" needs doing etc. so you might have a battle getting your money back.


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    #6
    monkeypants
    Closed Accounts Posts: 2,386 ✭✭✭monkeypants


    murphaph wrote: »
    He may find that lots of "cleaning" needs doing etc. so you might have a battle getting your money back.
    I read on here before that a deposit cannot be used for cleaning.


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    #7
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    djimi wrote: »
    There is supposedly such a thing as a verbal contract, but honestly I doubt any landlord would have a chance of making it stand up legally. If they wanted the security of a fixed term lease they should have put pen to paper; as it stands you should have no issues giving your 42 days notice and leaving.

    Almost all contracts are verbal to some degree. A written contract is simply an instrument and subject to rectification / estoppel. (In fact it was an apartment lease that gave Denning the oppitunuty).

    That said you have to prove on the balance of probabilities you're telling the truth and on that you're right.


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    #8
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    monkeypants wrote: »
    I read on here before that a deposit cannot be used for cleaning.

    It can be if the cleaning is required for wear and tear beyond what would be considered to be "normal" for the duration of the tenancy.


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