Ambiguity in lease

bradyle

Hi!

I signed a lease back in October 2010, on the front page it had wrote something along the lines of if lease is broken deposit will be forfeit, but then further along inside it it had wrote if lease is broken deposit will be forfeit and actions may be taken against you for the loss. At the time we had no intention of breaking the lease so we didn't pay much attention to it.

But we ended up breaking the lease we didn't mind loosing the deposit and even gave the 30 days notice. However they are still coming after us for the rest of the money. I know they have a right to do this but I was just wondering whether or not we can argue that because the lease says two different things it was OK for us to assume that the giving up the deposit was ok. I seem to remember reading somewhere that ambiguity in a contract goes against those that wrote it was wondering is it same in the case of leases.

If it is and anyone could point me to some literature in it I would greatly appreciate it. If not any other help would be great too!

godtabh

bradyle wrote: »

Hi!

I signed a lease back in October 2010, on the front page it had wrote something along the lines of if lease is broken deposit will be forfeit, but then further along inside it it had wrote if lease is broken deposit will be forfeit and actions may be taken against you for the loss. At the time we had no intention of breaking the lease so we didn't pay much attention to it.

But we ended up breaking the lease we didn't mind loosing the deposit and even gave the 30 days notice. However they are still coming after us for the rest of the money. I know they have a right to do this but I was just wondering whether or not we can argue that because the lease says two different things it was OK for us to assume that the giving up the deposit was ok. I seem to remember reading somewhere that ambiguity in a contract goes against those that wrote it was wondering is it same in the case of leases.

If it is and anyone could point me to some literature in it I would greatly appreciate it. If not any other help would be great too!

I'd say your landlord is well covered

bradyle

So it doesn't matter that somewhere else he just said we just had to forfeit the deposit?

odds_on

I signed a lease back in October 2010

What was the term of the lease and was it a commercial lease or a lease for a private residential property?

not even wrong

bradyle wrote: »

I signed a lease back in October 2010, on the front page it had wrote something along the lines of if lease is broken deposit will be forfeit, but then further along inside it it had wrote if lease is broken deposit will be forfeit and actions may be taken against you for the loss.

That's not an ambiguity.

goz83

It is ambiguous if it doesn't state "if the tenant breaks the lease". As they say, "assumptions are the mother of all.....". Has the premises been let since? If it has, a deposit loss is enough, because re-advertising is well covered in any deposit on Irish property.