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Urgent! Need advice! People who have moved house more than once!

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  • 24-11-2012 12:18pm
    #1
    Registered Users Posts: 19


    Hey readers,

    Need some help/advice. Kinda urgent...

    I am currently renting a home and have a 1 year lease. It is a big inconvenience and a high price so I have decided to give 28 days notice and move.

    My biggest confusion is how do I go about and do that?
    I am seriously confused on what to do! (2nd time moving) and know yous are more experienced with moving from a rented place to another.

    Do I have to save money for the new place? Right now all I can think of is moving to my mothers for 1-2 weeks until I come up with the rent. (I'll have the deposit back, just need one months rent too)

    I mean, people move from rented homes to another, all the time. Even before the lease due to their circumstances. I doubt they go and stay with friends/family until they save one months rent to add to the deposit too.

    I am a young adult who has only moved out once, everything is obviously different the first time as I had saved, everything was planned etc.


    Thanks for reading/helping =)


Comments

  • Registered Users Posts: 3,320 ✭✭✭fergiesfolly


    If you're paying a months rent in advance, you won't have to pay for your final month, so you'll have that to play with. Bear in mind, you'll be moving right before Christmas and it might be worth your while moving home over the Christmas and saving up a bit more.


  • Registered Users Posts: 730 ✭✭✭thalia_13


    Are you at the end of your lease? If so, then you dont have to renew, just let them know that you will not be renewing the lease.
    If you are abandoning your lease, its likely the landlord could persue you for the money for the remaining months, unless he/she agrees to you transferring lease into someone elses name,


  • Registered Users Posts: 19 ceekay123


    thalia_13 wrote: »
    Are you at the end of your lease? If so, then you dont have to renew, just let them know that you will not be renewing the lease.
    If you are abandoning your lease, its likely the landlord could persue you for the money for the remaining months, unless he/she agrees to you transferring lease into someone elses name,


    I am abandoning my lease. It is due to end near Easter.

    I simply cannot afford this anymore


  • Registered Users Posts: 19 ceekay123


    If you're paying a months rent in advance, you won't have to pay for your final month, so you'll have that to play with. Bear in mind, you'll be moving right before Christmas and it might be worth your while moving home over the Christmas and saving up a bit more.


    Thanks so much for the quick reply!

    Right now, I haven't done anything yet. All I have are some places I am interested in.

    My rent is due at the start of December.
    If I give 28 days notice, am I entitled to stay for a month and not pay?

    Apologies if this seams very stupid. I am a confused mess right now and am not sure which direction to take. All I know is I want to move asap.


  • Registered Users Posts: 3,320 ✭✭✭fergiesfolly


    Sorry, if I was confusing you. You'll pay on the 4th of Dec and then use the What would have been next months rent, as your first months rent on the new place. You'll also have your deposit back from the landlord as deposit on new place. Make sure that the landlord gas the deposit ready when you're leaving


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  • Registered Users Posts: 730 ✭✭✭thalia_13


    You cant just abandon your lease and expect to get your deposit back. You signed up for 12 months, the landlord is within his rights to expect you to upold your end of the bargain.

    Have a chat with Landlord, they might be agreeable to you finding a replacement tenant to cover lease until Easter.


  • Registered Users Posts: 19 ceekay123


    Sorry, if I was confusing you. You'll pay on the 4th of Dec and then use the What would have been next months rent, as your first months rent on the new place. You'll also have your deposit back from the landlord as deposit on new place. Make sure that the landlord gas the deposit ready when you're leaving


    The 4th of Dec would be this months rent (November).

    If I give 28 days notice (lets say today, if I find a brain), and stay here the 28 days, I still have to pay for it, which means, I'd have used all my money on rent and have none for the new place?

    Again, unless you are implying that after I give 28 days notice, those 28 days are free haha.

    I feel bad for you being so nice and putting up with my stupidity and I do apologize. I just need to know 110% what I am doing and make sure I am educated before making a big decision.


  • Registered Users Posts: 19 ceekay123


    thalia_13 wrote: »
    You cant just abandon your lease and expect to get your deposit back. You signed up for 12 months, the landlord is within his rights to expect you to upold your end of the bargain.

    Have a chat with Landlord, they might be agreeable to you finding a replacement tenant to cover lease until Easter.


    I am not physic and losing my full time job was out of nowhere.

    Hence why I said, people do leave early due to unfortunate circumstances.

    My landlord is one of the nicest people I've ever met. Worse case scenario, I dont get my deposit back and move into my parents for 1-2 weeks to save. Which means, I may as well leave today? lol...


  • Closed Accounts Posts: 2,091 ✭✭✭dearg lady


    ceekay123 wrote: »
    I am not physic and losing my full time job was out of nowhere.

    Hence why I said, people do leave early due to unfortunate circumstances.

    My landlord is one of the nicest people I've ever met. Worse case scenario, I dont get my deposit back and move into my parents for 1-2 weeks to save. Which means, I may as well leave today? lol...

    you still signed a lease no? Contact your landlord, explain the situation, say you will find someone to take over the lease. pay your rent, I don't even know what your rambling about living there for free.


  • Closed Accounts Posts: 211 ✭✭Maggie 2


    ceekay123 wrote: »
    I am abandoning my lease. It is due to end near Easter.

    I simply cannot afford this anymore

    You won't get your deposit back and most likely be chased for the balance owed until Easter. Your credit rating may also be affected and I doubt the Landlord will give you a reference. Why not just stick it out until Easter and save yourself a lot on unnecessary hassle.


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  • Closed Accounts Posts: 2,091 ✭✭✭dearg lady


    actually, do you pay your rent in arrears? That's very unusual. Usually rent paid 4th dec would cover you dec 4th-jan 3rd, but you are saying your dec 4th rent is for november?


  • Registered Users Posts: 19,018 ✭✭✭✭murphaph


    Sorry, if I was confusing you. You'll pay on the 4th of Dec and then use the What would have been next months rent, as your first months rent on the new place. You'll also have your deposit back from the landlord as deposit on new place. Make sure that the landlord gas the deposit ready when you're leaving
    The OP is walking away from a legal agreement between them and the landlord. These rules go out the window in that scenario, where the OP is failing to uphold their end of the contract. The OP can expect very little, if anything, back from their deposit if they leave in these circumstances, indeed, they would legally owe the LL the remaining months rent payments until the lease expires, or at least until the LL has found replacement tenants.

    OP: approach your LL first and talk to them about the situation!!


  • Registered Users Posts: 19 ceekay123


    dearg lady wrote: »
    actually, do you pay your rent in arrears? That's very unusual. Usually rent paid 4th dec would cover you dec 4th-jan 3rd, but you are saying your dec 4th rent is for november?

    I moved in on the 4th, so every 4th day of a month, is when I have to pay it.

    I pay the full sum on the date I am meant to. Kind of like a specific day it comes out of a bank account. Instead, in person. =)


  • Closed Accounts Posts: 2,091 ✭✭✭dearg lady


    ceekay123 wrote: »
    I moved in on the 4th, so every 4th day of a month, is when I have to pay it.

    I pay the full sum on the date I am meant to. Kind of like a specific day it comes out of a bank account. Instead, in person. =)

    yes, but what dates does it cover?


  • Closed Accounts Posts: 1,554 ✭✭✭steve9859


    ceekay123 wrote: »

    I mean, people move from rented homes to another, all the time. Even before the lease due to their circumstances. I doubt they go and stay with friends/family until they save one months rent to add to the deposit too.

    not before the lease, unless there are break clauses. If there are no breaks in the lease, the landlord, if he is a ****, will insist on you seeing out the lease. And if you walk away, you'll lose your deposit and a reference, and possibly your credit rating. If the landlord is sound, they will let you sub-let for the period, or look for someone else and only make you pay for the amount of time that takes.

    Not even the nicest landlord is a charity, and they aren't going to agree to be left out of pocket while you walk away.

    You'll only know what kind of stance your landlord will take once you talk to them.


  • Registered Users Posts: 13,238 ✭✭✭✭djimi


    Okay this is how it works:

    You cannot just walk away from a fixed term lease; no amount of notice changes this. If you do then at the very lease you will lose the entirety of your deposit, and the landlord could in theory chase you for the remainder of the rent owed for the duration of the lease (the latter is unlikely to happen but you never know).

    If you want out of a fixed term lease then the only legal way to do it is to first approach the landlord about assigning the remainder of your lease to a third party. Assuming they agree to this (if they dont then you can break the lease without penalty), its up to you to then find a suitable tenant in your own time and at your own expense. The new tenant would have to meet the approval of the landlord and would be subject to the same criteria as you were when you moved in. Assuming you find the right person then they take over the remainder of your lease.

    Contact Threshold or go on Citizens Advice if you want more information about this.


  • Registered Users Posts: 730 ✭✭✭thalia_13


    Djimi, I think the OP is looking for someone to tell her its ok, the landlord will give back your deposit, sure isnt it only terrible you lost your job....
    Yeah OP you are not pyschic, noone can predict if they will lose their job, but you can help yourself.
    The lease was signed, rent is king, you cant walk away from the contract without any implications.


    Myself and others have advised you to discuss with your landlord the situation, and perhaps having someone take over the lease. You cant expect the situation to resolve itself without actually just being a bit proactive...


  • Registered Users Posts: 699 ✭✭✭heathersonline


    Something tells me there's more to this story than mets the eye. If the op has lost his/her job then the state step in with rent allowance bills etc. if there's a slight shortfall I'm sure the landlord would be happy to renegotiate, but there seems to be no consideration in your post for the landlord, whom you are likely to leave out of pocket.

    Pick up the phone and do a deal which will suit both parties. Simple.


  • Registered Users Posts: 623 ✭✭✭QuiteInterestin


    Sorry to hear you lost your job OP but as others have said you have signed a contract to stay in the house until Easter so you are obliged to abide by that contract unless your landlord is willing to let you off.

    Before you rush into leaving the house, have you considered how moving house will affect your entitlement to rent supplement? AFAIK (and I'm open to correction) if you apply for the JSA/JSB, you will also be entitled to rent supplement as you were able to afford the rent when you moved in but no longer can due to your change in circumstances. However, if you move to a new house, this may not be the case since your change in circumstances happened before you started renting. It may be something to bear in mind. Check out the citizens information site for more info, Good Luck!


  • Closed Accounts Posts: 169 ✭✭kodoherty93


    Don't forget to give the landlord 30 days notice even if you assume the contract is over some can be pricks about the 30 days.


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  • Registered Users Posts: 19,018 ✭✭✭✭murphaph


    steve9859 wrote: »
    the landlord, if he is a ****, will insist on you seeing out the lease
    Hmmm, does it work both ways in your mind? If a landlord signs and agreement with a tenant and then wants to break the agreement because he wants possession of the property, is the tenant being a **** if he refuses to leave without a fuss, or is it just a one way street (as usual)?

    It is a skewed perspective some people have. BOTH parties to signed and agreed leases should honour them and expecting them to be honoured is NOT being a **** or whatever!


  • Registered Users Posts: 2,075 ✭✭✭Rasmus


    I'd say if you know now you won't have money to pay the rent next month, give notice immediately and maybe the landlord will go easy, if you allow for viewings etc until your notice is up. Try to find an good solution for both parties, as you would be breaking a lease and the LL does not have to just let that go.

    I don't understand how you would save if you moved back to your parents? Have you not lost your job? If so, can you not sign on while you job search, and apply for rent allowance? This might allow you to stay in your house and the LL would not have to find someone else - you never know, that might work out.


  • Closed Accounts Posts: 5,790 ✭✭✭confuseddotcom


    ceekay123 wrote: »
    The 4th of Dec would be this months rent (November).

    I'd love to know if this this right?!? :eek: Or maybe it has been written in-correctly in error? :confused:


  • Registered Users Posts: 13,238 ✭✭✭✭djimi


    I'd love to know if this this right?!? :eek: Or maybe it has been written in-correctly in error? :confused:

    It would be highly unusual to pay rent in arrears but its not impossible I guess. Most of the time when tenants pay rent it is for the following month, not the previous one.


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