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My landlord did not sign the lease, can it be enforced.

  • 04-07-2010 11:32am
    #1
    Jessica C
    Closed Accounts Posts: 35 ✭


    Four months ago I signed a lease, for a fixed term contract of one year. The letting agent told me they would mail me the signed contract once they got it back from the landlord but I have not yet received it.
    I am now in financial difficulty and would like to give notice on the lease.
    Can the lease be enforced, or is it now a month-to-month lease due to his failure to sign?
    Advice appreciated!


Comments

  • #2
    AARRRRGH
    Closed Accounts Posts: 566 ✭✭✭AARRRRGH


    Jessica C wrote: »
    Four months ago I signed a lease, for a fixed term contract of one year. The letting agent told me they would mail me the signed contract once they got it back from the landlord but I have not yet received it.
    I am now in financial difficulty and would like to give notice on the lease.
    Can the lease be enforced, or is it now a month-to-month lease due to his failure to sign?
    Advice appreciated!

    Maybe they did sign it and post it.
    Could have been lost in the post, eaten by a dog or one of your house mates could have used it for .....
    But you still signed it and they have a copy.
    Why not just explain your situation and see what the say. They might be nice to you.


  • #3
    Jessica C
    Closed Accounts Posts: 35 ✭Jessica C


    Thanks AARRRRGH! I did explain the situation but they say I have to find a tenant before I can leave else I will be sued for the remaining rent. I have already started looking for a new tenant for them, but worry that it will take over a month, and I cant afford next months rent anyway I look at it!


  • #4
    edellc
    Closed Accounts Posts: 1,787 ✭✭✭edellc


    Jessica C wrote: »
    Thanks AARRRRGH! I did explain the situation but they say I have to find a tenant before I can leave else I will be sued for the remaining rent. I have already started looking for a new tenant for them, but worry that it will take over a month, and I cant afford next months rent anyway I look at it!

    Hey Jessica
    whos to say that he did sign the lease and whos to say if it where posted or not ( we have quite a good postal service here unlike england so not very likely if he posted it that it went missing realistically) also are you willing to cut your losses and lose out on your deposit back?? and if you where then how are they going to sue you if you just leave?? we are not america and not a culture of suing for breaking of property rental agreements
    not saying any of this is right but if it where me and i couldnt afford the next months rent then i'd be outta there if you have explained the situation to your landlord, asked for a decrease or if they will go rent allowance route and if you got a no to all that well then landlords loss and i'd be gone


  • #5
    Jessica C
    Closed Accounts Posts: 35 ✭Jessica C


    Thanks edellc, that makes me feel better. When I told them, I gave them a months notice plus offered up the deposit but they are still uncompromising. Thanks your for advice.


  • #6
    absolutegroove
    Registered Users, Registered Users 2 Posts: 746 ✭✭✭absolutegroove


    Jessica C wrote: »
    Four months ago I signed a lease, for a fixed term contract of one year. The letting agent told me they would mail me the signed contract once they got it back from the landlord but I have not yet received it.
    I am now in financial difficulty and would like to give notice on the lease.
    Can the lease be enforced, or is it now a month-to-month lease due to his failure to sign?
    Advice appreciated!



    There is a way out:

    http://www.threshold.ie/page.asp?menu=74&page=256


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