1 Year lease

fifth

Long story short - took out a one year lease it's up in October and I want to stop renting and move out.

It's just becoming too expensive. Couple of other things happened that sucked some money out of me and i've been left a little bit too tight for comfort.

Landlord was fairly straight about the contract and I can't actually leave according to it until my year is up.

Is there any way of leaving?

p.s. yes I know, but at the time I was o.k about the place for a year. changed my mind, things happen/cheers..

ronbyrne2005

Rents are rising, he may be happy getting rid of ya. Talk to him about it and see what he says. Don't think you can pull out without losing your deposit etc.

tHE vAGGABOND

there is feck all you can do if he wont let you move, you have a contract with him for a year, just like you cant bin a contract mobile after 2 months, you have to keep paying it off for the year!

You could read the contract and see if you could sub-let the place - and get other folks in?

matt-dublin

ask him can you transfer the contract to someone else or sublet the apartment. you might even be able to make a fe euros off it

miju

i'm sure if the landlord is reasonable he / she will agree that if you find someone else to take up the lease then he would return your deposit

otherwise your up **** creek a lease is just as legally binding on both sides of the fence

hope it works out for you

fifth

i'll have a read of it, no he said no sub letting - and i dont mind giving up the deposit if i can leave..

i'll see how it goes, cheers

miju

no sub-letting is pretty much standard in a lease , to be honest if your prepared to lose your deposit there is **** all the landlord can do to keep you there

if he starts really trying to be an ass just tell him either way he's not getting anymore rent from you in that you:

(a) are moving out
(b) are stone cold broke and have no money to pay it

best of luck , keep us updated

antoinolachtnai

You can transfer the tenancy. He can't prevent you from doing this (although he might object, if he had good reason, to a particular tenant). There are a bunch of rules about this, and you'll need to read them on the PRTB site and in the Act.

It is arguable that you have the right to terminate a tenancy after 6 months under the terms of the Act. It would be an interesting test case to bring to prtb. You should ring the PRTB and ask them what they think. It would be interesting to know what they say.

This is an interesting legal point, because if you won, it would effectively mean that landlords would no longer be willing to offer a contract longer than 5 months. There would be no benefit whatsoever for a landlord in entering (say) a 5 year lease with a residential tenant. That said, you probably aren't interested in setting legal precedent.

To be honest, what's probably going to happen is that you are going to leave and your landlord is going to keep your deposit. At the end of the day, it isn't in any landlord's interest to keep someone in his property who doesn't really want to be there. i would discuss it with your landlord, try to give him two months notice if you can. At the end of the day, if you have to leave, you have to leave.

You will be forfeiting a month's rent if you lose the deposit. Is it really worthwhile moving out before the end? That's obviously the decision you'll have to make. (You might get the deposit back, and you could pursue it through PRTB, but whether you'd be entitled to it back, that's a big question.)

I hope everything works out for you.

fifth

Is it legal to have in a contract the following clause:

"The tenant will not become bankrupt/ unable to pay the monthly rent"

Basically I signed a contract saying I can't not-afford to be able to pay him?

miju

sounds like this landlord is a bit of a cowboy contact these guys for best advice asap http://www.prtb.ie/

antoinolachtnai

You can have it as a clause, but what good will it do? All the landlord can do is terminate the contract if you fail to fulfill your side of the bargain. Suing people who are bankrupt or can't afford the rent is going to be fruitless. I suppose they could try and imprison you for non-payment, but where's the mileage in that really?

fifth

antoinolachtnai wrote:

You can have it as a clause, but what good will it do? All the landlord can do is terminate the contract if you fail to fulfill your side of the bargain. Suing people who are bankrupt or can't afford the rent is going to be fruitless. I suppose they could try and imprison you for non-payment, but where's the mileage in that really?

Well - he kind of hinted at being able to sue if we breached the contract, but I really can't see him doing that.

miju

he's trying to bully you funkyflea , contact that linky i gave you they'll clarify it for you in no time , then get back onto your landlord about who you've been in touch with and he should back down

antoinolachtnai

The landlord is just inexperienced in my view. There is no commercial or legal mileage for him in what he is talking about doing.

Victor

funkyflea wrote:

Is it legal to have in a contract the following clause: "The tenant will not become bankrupt/ unable to pay the monthly rent"

This is a typical clause in many such contracts. Essentially its saying you will be in breach of contract if you are bankrupt and you will be evicted. This way the landlord won't have to join a list of creditors waiting for money and other creditors can't take over the tenants interest in the property.

Its not really relevant to your situation.