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Breaking lease, even though there is a "get out" clause

  • 15-05-2011 7:07pm
    #1
    Blusher
    Closed Accounts Posts: 50 ✭✭


    i moved into an apartment and signed a year lease, in the lease it says that after 6 months you can give 28 days notice.

    Now its over 6 months and i gave my notice but the landlord turned around and said that the apartment was being let as a single unit and either both of us would move out or they would still be expecting the 500 euro a month (I pay 250).

    I was unaware that this was a sinlge unit letting and thought i was renting my own room as was the other girl and that with this clause i would be fine.

    Is the landlord making this up or can i be held liable for the 500?? Should it say on the lease its a single unit because i cant see it on it anywhere?

    Any help, appreciated

    Thanks.


Comments

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


    What exactly is the wording of the break clause in the lease? Did you sign the same lease papers or each of you has a separate lease?


  • #3
    Blusher
    Closed Accounts Posts: 50 ✭✭Blusher


    same lease

    "The tenant may have the option to terminate this agreement on or after six months by giving the landlord and agent at least one months notice in writing to the landlord and agent."



    The landlord said either we both move out or they still get the 500 a month


  • #4
    pooch90
    Registered Users, Registered Users 2 Posts: 2,406 ✭✭✭pooch90


    Hi Shelf! ;)


  • #5
    RATM
    Closed Accounts Posts: 3,591 ✭✭✭RATM


    Blusher wrote: »
    same lease

    "The tenant may have the option to terminate this agreement on or after six months by giving the landlord and agent at least one months notice in writing to the landlord and agent."



    The landlord said either we both move out or they still get the 500 a month

    In that case it looks like it is rented as a complete unit, not as two rooms. In normal cases you should be given an option to sub-let the empty room yourself so you can complete the 12 month lease. Both the landlord and the other tenant would have to agree on who the new tenant is and they'd have to pay a deposit/rent in advance as normal.

    If your landlord refuses to give this option then you should be entitled to void the entire lease without penalty. Of course without seeing the lease its hard to tell but that's the way it should play out if the lease is a standard one.


  • #6
    Blusher
    Closed Accounts Posts: 50 ✭✭Blusher


    Okay thanks for the replies, Im trying to advertise the room and get someone in but I dont know how sucessful that will be. Like Im leaving the country in a few weeks so thats why I'm breaking the lease and Ill be unemployed soon so realistically I cant afford to pay the rent.....the landlord doesnt seem to give a flying monkey about this though.....thinks money grows on trees obviously!!.:(


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  • #7
    antoinolachtnai
    Registered Users, Registered Users 2 Posts: 9,815 ✭✭✭antoinolachtnai


    The landlord can't realistically be expected to give you back your deposit if you haven't given him back what he gave you, i.e., vacant possession of the property.

    If you don't pay the rent, you and your fellow tenant are jointly liable for the unpaid rent. If the two of you together can't afford or don't want to keep the apartment, then you should give notice and leave.


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