Terminating a Lease

its_just_me

Basically I'm a poor student who signed a 12 month lease in August because it was all we could get. Now, however, I can't get a job up here in Dublin for the summer so there is no way in hell I can pay the rent for June, July and August. We stupidly signed the lease and there is no 'get out' clause or whatever you call it.

I have done a search through the old threads and I understand that the only way we can terminate our lease is if we find someone to replace us and notify the landlord in writing. What happens if she refuses them? Also what happens if we just leave and don't take the last months rent so we don't lose our deposit? The landlord is a lawyer so she knows all her rights for sure!

To put it in context, there are 3 of us in the house. One boy in the same position as me and the other fella wouldn't mind staying on if there's someone to replace us, otherwise he doesn't mind leaving too!

Sorry it's so long winded and thanks so much for any help!

vicwatson

Also what happens if we just leave and don't take the last months rent so we don't lose our deposit?

You can be pursued for the remaining amount of the lease.

Check your lease also am I sure there will be a clause in there saying you cannot use your deposit as your last months rent.

You knew what you were signing when you were signing it right?

Find more info on http://public.prtb.ie/

alanacadia

Hello,
If I am reading your question correctly, you signed last August , so you were in the house for 8 months so far out of the 12 month lease, if the landlord has a deposit, which should be one month in advance and security deposit, which is wequal to a months rent as well.

I would suggest that you write to the landlord explaining that you were supposed to be getting work, but now that looks unlikely, and that you would not be able to guarantee the upcoming rent, but that he/she can keep the rent in advance and deposit if he/she will allow you to terminate your lease obligations.

MAKE SURE THAT they totally understand you have no funds coming your way to pay the rent, and that you do not want to get into an arrears situation, and therefor you are giving ample time for the landlord to rent without them losing any rental income, hopefully if the place is in a good sought after location , somebody will snap it up asap.

The end result will be you will lose your deposit/ & rent in advance, but yopu would have a good refrence hopefully for a later time should you require it.
I am a landlord and if someone came to me with that offer I would accept rather than take them through the courts for 3 months rent hardly worth the effort, when I could have a new tenant in there paying me the rent , I hope you understand this explaination, and make sure you do everything in writing, no phone call as you would have no evidence of your good intentioned offer .

I hope all goes well, and dont worry its not the end of the world for you not yet.
Chillax ok if you need any more advice please feel free to ask.
:):):):) happy days

pooch90

You can tell your LL that you can't stay on. Say you will find someone to replace you for the remainder of the lease. If they say no, you can walk away, no penalty.

From Threshold.ie

A tenant can also avail of section 186 of the Residential Tenancies Act to end a fixed term lease where the landlord refuses their wish to assign the lease to somebody else.

If a tenant wants to end of fixed-term tenancy early, they should inform the landlord in writing of their wish to assign or sublet the lease. Where the landlord refuses to give his or her consent, the tenant is entitled to serve a Notice of Termination.

The length of notice is determined by duration of the tenancy (see the Table above) and the Notice should correspond to the example Notice of Termination provided above.

The tenant is entitled to the return of their deposit if they take these steps.

You'd need to give 35 days notice though.

its_just_me

Thanks so much for all the help, I really appreciate it. Ideally I would like to sublet to someone else as this would allow one of the boys to stay on and hopefully it would be fairer to our landlord (she is really sound!)

@ vicwatson: Yes, we knew what we were signing but we were under a lot of pressure as we'd already missed out on 2 houses because we weren't keen 12 month leases. We though we'd be able to get work regardless though!

@ alanacadia: Sorry I wasn't clear there but we signed the lease and moved in in August. It's good to hear it from the landlords point of view as at the end of the day it's us putting her out! You recommend putting it in writing straight out, rather than phoning/emailing first to give a warning to her?

@ pooch90: Is it possible that there is a clause in the lease that we cannot sublet the property (one of my housemates mentioned that he though there was but I can't find it now!) ? If there is does this still apply to us?

Thanks again!

Cathmandooo

You should also bare in mind that it can be very difficult to find a tenant to take over your lease. People in here seem to think it's easy and hey presto you're out of there.

Go talk to your landlady, she might be very understanding about it all. Legally you're not entitled to leave until the lease is up and can be chased for the remaining rent. Most standard leases say no sub-letting is allowed, I know mine does anyway.

Approach the landlady and see if something can be worked out, then get everything down in writing.

spoonface

Cathmandooo wrote: »

You should also bare in mind that it can be very difficult to find a tenant to take over your lease. People in here seem to think it's easy and hey presto you're out of there.

Go talk to your landlady, she might be very understanding about it all. Legally you're not entitled to leave until the lease is up and can be chased for the remaining rent. Most standard leases say no sub-letting is allowed, I know mine does anyway.

Approach the landlady and see if something can be worked out, then get everything down in writing.

I've quit a couple of leases early, which pissed off the owner and lost me the deposit, with one owner who was in the legal profession pointing out that she actually entitled to seek payment of the rest of the rent in the lease (although she didn't actually pursue that). If your landlord has little info on you, I would consider cancelling your direct debit or closing your bank account a couple of days before your last rent payment should go through and let that will make up for the deposit (this is usually specifically forbidden in the rental contract) and change your mobile number. It's unlikely you will be further pursued. Some may advise against all this, but if you're feeling ballsy this is the course of action you could take.

RATM

I would take alancadia's advice of writing in an offer to end the lease early. Especially because your LL is in the legal profession - they are more used than most to horse-trading on issues and if you put a reasonable proposition to her, outlining how you are going to be 'financially dependent at home for the summer due to the current unemployment situation' then she should see sense and take your offer.

Write it really well, be courteous & polite but above all else show her that the best option for all concerned, given the current circumstances, is that she chooses your well laid out option as the best one.

Don't be forceful, be tactful.

Cathmandooo

spoonface wrote: »

I've quit a couple of leases early, which pissed off the owner and lost me the deposit, with one owner who was in the legal profession pointing out that she actually entitled to seek payment of the rest of the rent in the lease (although she didn't actually pursue that). If your landlord has little info on you, I would consider cancelling your direct debit or closing your bank account a couple of days before your last rent payment should go through and let that will make up for the deposit (this is usually specifically forbidden in the rental contract) and change your mobile number. It's unlikely you will be further pursued. Some may advise against all this, but if you're feeling ballsy this is the course of action you could take.

If the tenant was registered with the PRTB then the landlord and the PRTB both have the tenant's pps number so can be pursued. Changing mobile number and closing a bank account :eek: would do nothing.

The Lovely Muffin

If you have been renting for a minimum of six months and can prove this, you may be able to claim rent allowance.

http://www.citizensinformation.ie/en/social_welfare/social_welfare_payments/supplementary_welfare_schemes/rent_supplement.html

edellc

Cathmandooo wrote: »

If the tenant was registered with the PRTB then the landlord and the PRTB both have the tenant's pps number so can be pursued. Changing mobile number and closing a bank account :eek: would do nothing.

Just because someone has your pps number does not mean you can be pursued who is going to give the prtb or a landlord private information about you with just your name and pps number have you not heard of the data protection act :rolleyes:

spoonface

edellc wrote: »

Just because someone has your pps number does not mean you can be pursued who is going to give the prtb or a landlord private information about you with just your name and pps number have you not heard of the data protection act :rolleyes:

Generally I'd say it's not worth a landlord's while trying to pursue it further, throwing good money after bad. Better for them just to move on and find another tenant.