Moving before the end of the lease

Yannus

Hi,

I am currently living in a student residence with other roomates and I would like to move in January, but as I signed my lease until May, I asked the Landlord to let me go. I already paid the first semester, and I should pay the second one on January the 16th. But she told me that even if I leave before May, I will have to pay my full rent... Is there something I can do to leave by January without paying the 2nd semester? Thanks...

RobbieTheRobber

Im acctually looking to break a lease myself have yet to raise it with the landlord.

From my reading of the legislation with some assitance from here http://www.threshold.ie/page.asp?menu=74&page=256 and here http://www.daft.ie/content/residential_tenancies_act_2004.daft
I get the impression that I can offer to sublet and then obviously if i do that as long as the new tenants meet my current rent im not liable for anything else, however should they pay less then under my fixed lease i would eb liable for any remaining amount.
Effectively I become landlord to these tenants for the remanider of my lease terms.

However should the landlord refuse this request or turn down my subletting then the section 186 of the 2004 act takes effect

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.

odds_on

RobbieTheRobber wrote: »

Im acctually looking to break a lease myself have yet to raise it with the landlord.

From my reading of the legislation with some assitance from here http://www.threshold.ie/page.asp?menu=74&page=256 and here http://www.daft.ie/content/residential_tenancies_act_2004.daft
I get the impression that I can offer to sublet and then obviously if i do that as long as the new tenants meet my current rent im not liable for anything else, however should they pay less then under my fixed lease i would eb liable for any remaining amount.
Effectively I become landlord to these tenants for the remanider of my lease terms.

However should the landlord refuse this request or turn down my subletting then the section 186 of the 2004 act takes effect

Not quite right, but almost there!

You can assign your lease to someone who must pass the landlord's vetting checks - otherwise you could get any old tramp to take over the lease. This assignee takes over the remainder of your lease, leaving you free of it completely, except as you say, if the rent is less than stated in the lease, you are liable for the shortfall.

It is up to you to find this person, the assignee. If the landlord has to do the work, he can charge you for his reasonable expenses (cost of adverts etc.). Also, if no assignee has been found by the time you vacate the property, you may forfeit part or all of your deposit.

Sub-letting is a different matter.

Yannus

I wanted to find a solution and lied to the Landlord saying that I stop my studies and go back to my country, but now she asks me a letter from the university...... I dont know what to do. Do you think I can just leave and lose my deposit? She can give me a trial to have her rent paid? Thank you

silja

She could persue you in the court for the rest of the rent if you don;t find a tenant to take over, yes.

Yannus

There is no other solution...? Irish laws are so strange...

silja

Read your lease closely, but I doubt there is. Normally, I would sugest talking to the landlord- many will be flexible if you explain the reason and offer for them to keep the deposit. But your landlord has already caught you out in a lie, so is unlikely to want to be nice to you now. Now, it may not be worth her while to go after you in court for 3 months rent (as one month will be covered by deposit), but as you annoyed her by lying, she might just do it. You could offer to meet her half way? Let her keep deposit and, say, one months rent in return for leaving early.

ronan45

I had to do this on one occasion. I very politely told the LL. Was a years contract. needed to move after 6 months. Told him he could keep the deposit and could get him an extra months rent if need be, I also gave him 2 months notice. He said was no problem even gave me deposit back and didnt want any extra cash. I think if your decent enough and have been a decent tennant and you need to move most decent land lords will understand.