Leaving the lease??

jake F · 09-01-2014 4:23pm

Heyo

I thought i would let you know that my roommate has just packed his stuff and left while I was out tying up loose before I leave. The landlord is so pissed off that he is not going to get any rent at all anymore, the LL has threatened to sue unless the lease is fulfilled. To stop this I have to get people to replace us before I leave.

I was just wondering If i get people in whats to stop them from just running off and again the LL comes after me again?? Can I get a written agreement between us without involving lawyers to go paperwork. Just to show that if I do get dragged to court that I have proof that someone else took over.

The landlord refuses to change the lease he said that is my responsibility

jake F · 09-01-2014 4:25pm

What if the LL refuses to change the lease?? Cause its to much hassle

djimi · 09-01-2014 4:26pm

If you find someone to take over the lease then the remainder of the current lease is reassigned into their name and your involvement with the lease ends.

djimi · 09-01-2014 4:28pm

In this instance you want to reassign the lease, not sublet. Reassigning means that the new tenants take over the remainder of the lease, and your involvement with the tenancy ends.

The landlord cannot refuse a reassignment. Or rather they can, but it leaves you free to terminate the lease and have your deposit returned (after legitimate deductions for damage etc).

jake F · 09-01-2014 4:29pm

okay thank you

The_Morrigan · 09-01-2014 4:30pm

Jake F I've merged your two threads - please don't start multiple threads on the same issue.

Thanks

Morri

The_Morrigan · 09-01-2014 4:37pm

jake F wrote: »

The landlord refuses to change the lease he said that is my responsibility

That is not your responsibility - it's his lease, you can't unilaterally amend legal documentation unless there is a provision and template in the original lease in which to do so.

jake F · 09-01-2014 4:56pm

so basically they have to change the lease if I ask

The_Morrigan · 09-01-2014 4:59pm

jake F wrote: »

so basically they have to change the lease if I ask

They should get your replacements to sign a new one.

jake F · 09-01-2014 5:01pm

So all I have to do is ring to say The new person wants to sign or do the new people ring and say they want to sign.

And do have to sign something releasing m from the lease or something

The_Morrigan · 09-01-2014 5:09pm

jake F wrote: »

So all I have to do is ring to say The new person wants to sign or do the new people ring and say they want to sign.

And do have to sign something releasing m from the lease or something

To be honest, the LL doesn't seem to know what he's at.
It is in his best interests for your replacements to sign a new lease.

You can line up a new replacement, contact the landlord to let them know if the landlord refuses to reassign the lease over to the new people then terminate the lease on those grounds. You have to give 56 days notice of termination though in writing if that happens and you are liable for the rent in that time.

http://www.prtb.ie/media-research/publications

You should read the publications on the prtb website.

djimi · 09-01-2014 5:21pm

jake F wrote: »

So all I have to do is ring to say The new person wants to sign or do the new people ring and say they want to sign.

And do have to sign something releasing m from the lease or something

You find the new tenants, and if they meet the criteria that the landlord set when you rented the property then the landlord draws up a new lease for the remainder of the tenancy and they sign it.

Just bear in mind that the landlord is not obliged to take the first person that you bring to them if they dont feel that they are somebody that they want to rent to. Also bear in mind that you will be responsbile for any shortfall in rent (ie if the new tenant is paying less rent than you then you must make up the difference).

Leaving the lease??

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