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Moving out before lease is up

  • 29-01-2011 10:50pm
    #1
    Registered Users, Registered Users 2 Posts: 243 ✭✭


    Our lease is up at the end of August. There are 4 people living in the house and we paid a deposit before we moved in. Is there any way we can move out, say, at the end of May and get our deposit back? We pay our rent at the start of the month in cash to the landlord (so we pay for February's rent on the 1st of Feb). Also the landlord sorted out some mould we reported to her. Will this come out of the deposit?


Comments

  • Registered Users, Registered Users 2 Posts: 1,880 ✭✭✭MuddyDog


    I'd also like to know about this. Can anyone help?


  • Registered Users, Registered Users 2 Posts: 2,921 ✭✭✭silja


    It depends on what sort of tenancy you have. What does your lease say about notice periods?


  • Closed Accounts Posts: 5,284 ✭✭✭pwd


    The mould is the ladlord's responsibility - you won't have to pay for that.


  • Registered Users, Registered Users 2 Posts: 6,584 ✭✭✭PCPhoto


    that depends on the lease agreement you have with your landlord.

    chances are you will more than likely have a 12month agreement and could be in breach of the terms if you move out....what does your original lease say?

    no offence intended to you but from reading between the lines it looks like you are a bunch of students and were always intent on leaving at the end of the school/college year....the landlord may use this to get the deposit money from you.


  • Registered Users, Registered Users 2 Posts: 243 ✭✭starface


    PCPhoto wrote: »
    that depends on the lease agreement you have with your landlord.

    chances are you will more than likely have a 12month agreement and could be in breach of the terms if you move out....what does your original lease say?

    no offence intended to you but from reading between the lines it looks like you are a bunch of students and were always intent on leaving at the end of the school/college year....the landlord may use this to get the deposit money from you.

    We are actually all young professionals.

    We don't have a copy of the lease. Not sure it it's a fixed term one or a part 4 lease. Landlord is dodgy we believe. She collects rent in cash every month and we paid our deposit in cash too. Also, the landlord isn't registered with the PRTB for the place we are renting.

    What will happen if we break a fixed term lease by moving out early, considering this landlord isn't registered with the PRTB.


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  • Registered Users, Registered Users 2 Posts: 2,921 ✭✭✭silja


    You will likely loose your deposit (assuming a one year fixed term tenancy). But if your landlord gives trouble about moving out, mention the PRTB- they are supposed to be registered and there are large fines if not, so they may prefer you leave quietly.

    Request a copy of the lease from the landlord- you are entitled to one. If you didn't sign anything, it is automatically a Part 4 tenancy.


  • Registered Users, Registered Users 2 Posts: 243 ✭✭starface


    Our lease says "One year less commencing 31st August 2010"

    And yes, the landlord spelled lease as less.
    So, is this a fixed term or part 4 lease?


  • Registered Users, Registered Users 2 Posts: 2,406 ✭✭✭pooch90


    It's fixed term


  • Registered Users, Registered Users 2 Posts: 5,166 ✭✭✭enda1


    sounds more like its a pile of bollocks. Tell her you'll be leaving and would like your deposit back. If she threatens to withhold it, then start mentioning registration of tenancy, that you'd like a receipt for all your payments etc.


  • Registered Users, Registered Users 2 Posts: 243 ✭✭starface


    pooch90 wrote: »
    It's fixed term

    Does it not have to say "a fixed term lease of 1 year..." for it to be a fixed term lease?


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  • Registered Users, Registered Users 2 Posts: 243 ✭✭starface


    enda1 wrote: »
    sounds more like its a pile of bollocks. Tell her you'll be leaving and would like your deposit back. If she threatens to withhold it, then start mentioning registration of tenancy, that you'd like a receipt for all your payments etc.

    We get receipts handwritten on blank pieces of paper whenever we pay deposit/rent to the landlord.


  • Registered Users, Registered Users 2 Posts: 2,406 ✭✭✭pooch90


    starface wrote: »
    Does it not have to say "a fixed term lease of 1 year..." for it to be a fixed term lease?

    It says it's for one year and commencement date. Pretty clear in my opinion


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