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Question regarding lease

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  • 30-04-2013 11:49pm
    #1
    Registered Users Posts: 520 ✭✭✭


    okay so circumstances have changed, and i will be contacting my landlord tomorrow in regards to this, but i might have to break my lease and move out.

    the place i was working in has closed and i need to move to cheaper accomodation as i will now be on social welfare and wont be able to afford it

    now i have read through the lease and it states i will lose my deposite if i breake the lease early, its at the very end under a headding "Special Conditions"

    i know sometimes in a lease there is a break clause which would allow me to leave given a certain amount of notice, but this is not in my lease. i did find this in relation to the lanlord that the lanlord can give me 28 days notice that he/she needs the property

    now im wondering where i stand, i doesnt seem fair that my landlord could break the lease but i cant? is this allowed?

    either way ill need a reference this week from my landlord and would rather stay on their good side as i have been a good tennant over the last 5 months and there reference is all i need to secure another place

    from what iv read its down to the landlord what they want to do in regards to my deposite etc... i am giveing 1 months notice tho and rent is paid in full up until then and iv never been late or caused any problems, so hopefully given my circumstances i might get part of my deposite back


Comments

  • Registered Users Posts: 7,879 ✭✭✭D3PO


    legally your deposit can and should be held for a rental shortfall unless one of the following conditions is met.

    a) you have a break clause (seems you don't)

    b) you reassign the lease to somebody else (i.e you find somebody else to take over the lease)

    c) the landlord manages to relet the property within the period the deposit would cover (I,e if you gave a months rent as a deposit and the ll gets a new tenant 10 days after your net rent is due you would be entitled to a pro rated return of the deposit minus the ten days, minus letting costs, minus prtb registration costs)

    your best bet is to find somebody to take over your lease. If not you should not expect to see any of your deposit back, and rightly so TBH.


  • Registered Users Posts: 520 ✭✭✭lankz92


    D3PO wrote: »
    legally your deposit can and should be held for a rental shortfall unless one of the following conditions is met.

    a) you have a break clause (seems you don't)

    b) you reassign the lease to somebody else (i.e you find somebody else to take over the lease)

    c) the landlord manages to relet the property within the period the deposit would cover (I,e if you gave a months rent as a deposit and the ll gets a new tenant 10 days after your net rent is due you would be entitled to a pro rated return of the deposit minus the ten days, minus letting costs, minus prtb registration costs)

    your best bet is to find somebody to take over your lease. If not you should not expect to see any of your deposit back, and rightly so TBH.

    thanks that seems to cover it, so since ill have give notice if i or the landlord was to find someone before the end of the month i might get it back?

    either way im not too worried more so about the reference thats the main thing


  • Registered Users Posts: 35 its me_330


    Id b open and honest with the landlord. Tell him u lost ur job. If uve been a reliable tenant he might have a cheaper property for u. Happened me when i got laid off and told my landlord. If he doesnt he should surely take ur notice and give u a reference since uve never been a problem tenant


  • Registered Users Posts: 520 ✭✭✭lankz92


    its me_330 wrote: »
    Id b open and honest with the landlord. Tell him u lost ur job. If uve been a reliable tenant he might have a cheaper property for u. Happened me when i got laid off and told my landlord. If he doesnt he should surely take ur notice and give u a reference since uve never been a problem tenant

    yeah i plan on contacting her tomorrow, her other property wont be an option for me as its next door and the same house so i wouldnt think itll be cheaper

    the only thing i can do is hope shes okay with me leaving


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