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please help - can I break my lease?

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  • 24-05-2016 8:13pm
    #1
    Registered Users Posts: 2


    Hi everyone,im hoping to get some information on "breaking" a lease. I signed a lease in November with my boyfriend .. wwe love were we live but our neighbour is a nightmare... he has put in false.claims to managment company on 3 seprate occasions.. claiming we were having parties constanly , load music and shouting.. mynerves are.gone when I do have.friends and family over. Im constanly shushing people and can never.relax . Also he ais the one who is really loud... he.is.constanly banging , washing machine on late at night and slamming doors , I suffer with aniexty and this situation is.unlivable and is.stressing me out .. can I leave? Also whats the rules on finding another tenant?

    Thanks in advance


Comments

  • Registered Users Posts: 1,089 ✭✭✭DubCount


    Are you sure you want to move. Other neighbours must be able to vouch that you are not being anti-social.

    If you are sure you want to break the lease, try speaking to your landlord. He/she may be OK with you breaking the lease.


  • Registered Users Posts: 6,766 ✭✭✭RossieMan


    You're liable for the rent for the remainder of your lease.

    The landlord mat be kind and let you reassign the lease, but they don't have to agree with it.


  • Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Does your lease have a break clause? Something that says the lease can be terminated with x days notice? Checking that is your first task.

    Next, talk to your landlord. They may let you break the lease, chances are they can increase the rent and let it pretty quickly. Alternatively they may allow you reassign the lease. Don't panic yet, this may be simple to sort.


  • Registered Users Posts: 2 brenna90


    athtrasna wrote: »
    Does your lease have a break clause? Something that says the lease can be terminated with x days notice? Checking that is your first task.

    Next, talk to your landlord. They may let you break the lease, chances are they can increase the rent and let it pretty quickly. Alternatively they may allow you reassign the lease. Don't panic yet, this may be simple to sort.

    Im not sure ill check .. im just so worked up and stressed .. its nit easy living in a homewhere im threading on egg shells and waiting for a letter to come to.say im causing anti social behaviour because.iv had my mum around for dinner...

    Do you know if I find a suitable tenant to replace us , would that be.sufficent enough to break lease ?


  • Registered Users Posts: 266 ✭✭size5


    brenna90 wrote: »
    Im not sure ill check .. im just so worked up and stressed .. its nit easy living in a homewhere im threading on egg shells and waiting for a letter to come to.say im causing anti social behaviour because.iv had my mum around for dinner...

    Do you know if I find a suitable tenant to replace us , would that be.sufficent enough to break lease ?

    Look first thing you need to do is to talk to your landlord. Because otherwise its just "hearsay" and you may actually be worrying about nothing. Focus on the now.

    Contact the LL tomorrow, explain the situation, tell him you would like to leave(maybe don't use the work "break the contract") as you neighbour is a nightmare. See what he has to say, at least then you know what the actual situation is.

    Have you spoken to the management company about your neighbour? What do other neighbours think of him?


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  • Registered Users Posts: 25,966 ✭✭✭✭Mrs OBumble


    RossieMan wrote: »
    The landlord mat be kind and let you reassign the lease, but they don't have to agree with it.

    Ahh, provided it's a reasonable replacement, I think they have to either agree to it, or let you off the rest of the lease


  • Registered Users Posts: 1,077 ✭✭✭percy212


    Why don't you make a complaint about your neighbour making noise at night (banging doors etc). That should shut him up.


  • Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    RossieMan wrote: »
    You're liable for the rent for the remainder of your lease.

    The landlord mat be kind and let you reassign the lease, but they don't have to agree with it.

    This is completely inaccurate.

    There could be an issue surrounding the reassignment of a fixed term lease however it would depend on a myriad of factors. Putting that aside there is a duty to mitigate damages, that's done by reletting which can be done inside a week.

    That said OP you're going to get these problems pretty much anywhere, I'd just tell the neighbour to feck off - everyone is entitled to live and if you're not breaking the house rules (usually no noise after 11pm) he can get knotted.


  • Registered Users Posts: 359 ✭✭CaoimheSquee


    This happened to me too!

    Had a nightmare of a neighbour. He was aggressive and even called to our door on one occasion looking to physically fight my boyfriend.
    He sent numerous complaints to the management company and in turn to the landlord.

    We at ALL times kept open dialogue with landlord and management company. At the end of the day if you are doing nothing wrong they will see that. We had a lovely landlord thank goodness and the management were firm but fair. They rang our other surrounding neighbours who all said they had no issues with us at all. On that one particular occasion another neighbour called to check we were ok. Also we realised dates he was complaining about us we were away and not even at home. Every time one came in we rang and fought our case and I think it became clear who was the loose cannon and who wasn't.

    I too was stressed constantly. I was too worried to have anyone over and if my boyfriend did I would be up all night worried in case they turned up the tv too high or went to the balcony and talked higher than a whisper. Looking back I caused myself so much unnecessary stress and wish I could have relaxed and had confidence in our right to live our lives as normal!

    The complaints eventually stopped. I think he probably moved on to some other poor unfortunate soul or realised where the actual cause of his noise issues were coming from.

    Stand up for yourself and try and relax. Don't let yourself be bullied, I certainly won't again. Good luck :)


  • Registered Users Posts: 1,077 ✭✭✭percy212


    Good advice above. You should not be afraid in your own home. Your neighbour is harassing you by making such complaints and you should point this out to the management company in writing. You should also make a counter complaint about his noisiness. Make all the noise you want before 11, and remember how DIFFICULT it is to have a tenant removed from an apartment for any reason. Relax.


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