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Question About Apartment Lease...

  • 02-12-2011 4:51am
    #1
    Robdude
    Closed Accounts Posts: 709 ✭✭✭


    I've been hearing mixed things about lease agreements in Ireland and thought someone could shine some light on the subject for me.

    I'm renting and I've signed a lease agreement for 12 months....but while having a discussion at a pub, I was told 'it doesn't matter' and I could simply walk away. And that it would be legal.

    I found this very hard to believe - I'm assuming they were either misinformed or joking. Is this true?


Comments

  • #2
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,989 ✭✭✭✭Peregrinus


    They are misinformed. Unless you have some reason to repudiate the contract - e.g. fundamental breach by the landlord of his part of the bargain - you have to pay what you have agreed to pay.

    Having said that, in practice you might get away with it. Unless you have assets that he can seize, or there is some other way to enforce a judgement against you, the Landlord may simply cut his losses, forfeit your deposit and forget about it. So you would only lose the amount of your deposit.

    The other thing to bear in mind is that, if you do repudiate, the landlord has a duty to mitigate his losses - in this case, by reletting the flat. So if he manages to relet it after, say, two months, and the new tenant is paying, say, 90% of the rent that you paid, then your liablity is limited to the full amount of the rent you agreed to pay for the two months of vacancy, plus the 10% figure that the landlord is not getting for the remaining period of the lease.


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