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Didn't sign a lease

  • 22-04-2011 10:34am
    #1
    wicklowwonder
    Registered Users, Registered Users 2 Posts: 1,505 ✭✭✭


    Hi leased an apartment in August, the Agency dropped a lease over but never collected it. It is still sitting in our book case unsigned. Do I have to abide by the terms of the lease as I didn't sign it? We are thinking on moving out in the next moth, we will give 30 days notice etc but the lease was for a year. what is my situation in terms of getting deposit back? Have a receipt for the deposit.


Comments

  • #2
    eezarthegreat
    Registered Users, Registered Users 2 Posts: 353 ✭✭eezarthegreat


    wicklowwonder wrote: »
    Hi leased an apartment in August, the Agency dropped a lease over but never collected it. It is still sitting in our book case unsigned. Do I have to abide by the terms of the lease as I didn't sign it? We are thinking on moving out in the next moth, we will give 30 days notice etc but the lease was for a year. what is my situation in terms of getting deposit back? Have a receipt for the deposit.

    If you didn't sign it, or anything like it then you're not bound by it - may I ask, why didn't you sign it?

    You're LL won't be happy so you could anticipate trouble with the deposit...oh this is a hairy one...:confused:


  • #3
    wicklowwonder
    Registered Users, Registered Users 2 Posts: 1,505 ✭✭✭wicklowwonder


    eezarthegreat wrote: »
    If you didn't sign it, or anything like it then you're not bound by it - may I ask, why didn't you sign it?

    You're LL won't be happy so you could anticipate trouble with the deposit...oh this is a hairy one...:confused:

    To tell you the truth we didn't do it intentionally, the Agency dropped the lease over the day we moved in told us he would be back to collect it the next day, we haven't seen him since. Chased him at the start to arrange to come and collect it but he could never agree a suitable time. We only really communicate via email or phone now. He then sends over a repair man etc for any fixings.


  • #4
    Gillo
    Registered Users, Registered Users 2 Posts: 5,566 ✭✭✭Gillo


    Chances are they may try to withhold the deposit if you move out early, you could counter this by not paid the rent for the final thirty days and telling them to use the deposit for that instead of paying it back.

    I'm curious though could it be argued that by moving in and paying rent you effectively accepted the terms of the lease?


  • #5
    Paulw
    Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    Gillo wrote: »

    I'm curious though could it be argued that by moving in and paying rent you effectively accepted the terms of the lease?

    Yes, it can be argued. In that situation, the landlord can take a case for breach of contract, should the OP just up and leave.


  • #6
    wicklowwonder
    Registered Users, Registered Users 2 Posts: 1,505 ✭✭✭wicklowwonder


    Paulw wrote: »
    Yes, it can be argued. In that situation, the landlord can take a case for breach of contract, should the OP just up and leave.

    So the contract is considered to be agreed even though I didn't sign and the contract wasn't collected?


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  • #7
    silja
    Registered Users, Registered Users 2 Posts: 2,921 ✭✭✭silja


    A case could be made that you agreed to it, as you paid rent for several month and had a copy of the contract. But I am not sure it would hold up in court if it came to that.


  • #8
    astrofool
    Registered Users, Registered Users 2 Posts: 17,165 ✭✭✭✭astrofool


    Acceptance of the lease from the agent, may be enough to show you agreed to the contract, regardless of you signing it or not.


  • #9
    Paulw
    Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    wicklowwonder wrote: »
    So the contract is considered to be agreed even though I didn't sign and the contract wasn't collected?

    Yes. Because you stayed and paid rent, it's considered that the contract is completed, even if you haven't signed the piece of paper.

    For your situation, you better check all clauses in the contract, and any break in the contract must be as per the terms of the contract. Otherwise, you have opened yourself up to possible action.


  • #10
    tayto lover
    Registered Users, Registered Users 2 Posts: 53,058 ✭✭✭✭tayto lover


    You verbally agreed and they can prove this because you paid rent and moved in.
    The signing of the lease means very little !!


  • #11
    wicklowwonder
    Registered Users, Registered Users 2 Posts: 1,505 ✭✭✭wicklowwonder


    tayto lover wrote: »
    You verbally agreed and they can prove this because you paid rent and moved in.
    The signing of the lease means very little !!
    verbally agreed to move in but surely as no contract was signed I can give 30 days notice within the 1st year etc etc? No?


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  • #12
    tayto lover
    Registered Users, Registered Users 2 Posts: 53,058 ✭✭✭✭tayto lover


    wicklowwonder wrote: »
    verbally agreed to move in but surely as no contract was signed I can give 30 days notice within the 1st year etc etc? No?

    Maybe you can get away with that but i know of a case that went to court and the judge agreed that there was a verbal agreement. It would probably depend on the owner of the property on how far he wanted to push it.

    Hope this helps
    http://www.spunout.ie/health/Accommodation/Renting/Renting-and-the-law


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