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Can we end our lease? (Notice)

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  • 12-08-2009 3:58pm
    #1
    Anon4Bread
    Closed Accounts Posts: 3 ✭


    We moved in to our apartment in mid April this year. We signed a 12 month lease. Now, 4 months later, we want to leave.

    But we're afraid the agent will keep our deposit if we do. The apartment is in better condition than it was when we took it, but I'm just afraid the agent will say, we're not getting our deposit back because we're moving out so soon.

    If we move out now, can the agency keep our deposit?
    What if we need a landlord's reference?
    Are they obliged to give us a reference?
    How much notice should we give?

    Please help, I'm so worried about this!


    EXTRA INFO
    We're moving out because we don't feel safe after we found out the apartment below us was broken into just two weeks before we moved in. The agent said the place was very safe and very secure.

    The agent also said the place was getting a BER, and we asked to see the cert. asap. We still haven't seen it.
    Tagged:


Comments

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    #2
    hobochris
    Registered Users Posts: 2,164 ✭✭✭hobochris


    You will more then likely loose your deposit and the landlord/agent my pursue your legally for the remaining 8 months rent given that you signed a 12 month lease.

    As for the the other stuff, don't believe anything an agent tells you unless your given it in writing.


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    #3
    TheCityManager
    Registered Users Posts: 186 ✭✭TheCityManager


    hobochris wrote: »
    You will more then likely loose your deposit and the landlord/agent my pursue your legally for the remaining 8 months rent given that you signed a 12 month lease.

    As for the the other stuff, don't believe anything an agent tells you unless your given it in writing.

    A friend of mine took an apartment on a years lease recently...after a few weeks he gave notice to leave as area wasn't safe and there were also issues with water leak in the apt...he gave a months notice after being there only about 3 weeks and left last week..agents have told him he will get his deposit back and there is no mention of being chased for year's rent..............each case is different !!!


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    #4
    hobochris
    Registered Users Posts: 2,164 ✭✭✭hobochris


    TheCityManager wrote: »
    A friend of mine took an apartment on a years lease recently...after a few weeks he gave notice to leave as area wasn't safe and there were also issues with water leak in the apt...he gave a months notice after being there only about 3 weeks and left last week..agents have told him he will get his deposit back and there is no mention of being chased for year's rent..............each case is different !!!

    That's true, But the op should be aware of the risks.


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    #5
    Silverfish
    Moderators, Society & Culture Moderators Posts: 16,696 Mod ✭✭✭✭Silverfish


    Is being chased for the remainder of the rent a new thing?
    I've been renting for 12 years, I think every time I've given notice on a place was during a lease, and once you gave the month's or 6 weeks notice you were clear to go.


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    #6
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,283 Mod ✭✭✭✭The_Conductor


    Silverfish wrote: »
    Is being chased for the remainder of the rent a new thing?
    I've been renting for 12 years, I think every time I've given notice on a place was during a lease, and once you gave the month's or 6 weeks notice you were clear to go.

    Hi Silverfish-

    The right to chase people for the remainder of the lease was cemented in the 2004 Residential Tenancies Act. Prior to that it would have been a civil matter to enforce the terms of the lease- but it could have been done.

    Up to recently landlords didn't give a damn- as they had people queuing up to take any units that became available- normally at a premia to their former rental levels. Now- the boot really is on the other foot- the rental market, particularly for apartments, is in freefall- and if a landlord wants to lease a unit- he will most probably have to accept a significant reduction in the rent he had agreed on your lease- and thats assuming he is actually able to find tenants- there are a significant and growing number of vacant units.

    Its now in his/her interest to police the lease, they had a financial incentive previously to ignore their right to police it.

    If I were renting- I'd be careful and ensure I thoroughly read any lease and was satisfied that if circumstances changed, I were in a position to honor my obligations- before signing it. Many people are signing all sorts of stuff without having clear cognisance of the implications of what they're signing.


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    #7
    Victor
    Registered Users Posts: 78,352 ✭✭✭✭Victor


    TheCityManager wrote: »
    A friend of mine took an apartment on a years lease recently...after a few weeks he gave notice to leave as area wasn't safe and there were also issues with water leak in the apt...he gave a months notice after being there only about 3 weeks and left last week..agents have told him he will get his deposit back and there is no mention of being chased for year's rent..............each case is different !!!
    Assuming the water leak wasn't caused by the tenant, then it perfectly understandable why he moved out.

    If there is an actual problem with the property, you should be able to move out.


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