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party attempting to break lease

  • 20-12-2008 10:55pm
    #1
    Arianna
    Closed Accounts Posts: 6 ✭


    hey

    have a hypothetical scenario just wondering how it would play out.

    party x is renting a room from party y. lease signed when party x moved. 6 months in party x is trying to break the lease.

    Can they do this if they have signed a 12 month lease. what would happen if party y tried to enforce the lease for 12 months.

    would they have to buy out the lease or would it be the hassle of pursuing it?


Comments

  • #2
    Victor
    Registered Users, Registered Users 2 Posts: 78,644 ✭✭✭✭Victor


    Well it really depends on the types of parties to the contract.

    If this is a private residence and the landlord is resident, then it is most like a case that the tenant is, in fact, a licencee. The only requirement as to notice is reasonableness. Given that it is a domestic arrangement, it is unlikely that a court would allow one party to be required to give such notice.

    If it is a private residence and the landlord is not resident, the the Residential Tenancies Act 2004 applies. In the case of a fixed term lease, the tenant could merely nominate a repalcement. If this is rejected (unreasonably?) by the landlord, then the tenant can simply give the required period of notice as included in the act, typically 28-40 days.

    If the property and or the parties is commercial in nature, then subject to law, the lease is likely to hold.


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