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Breaking fixed term lease

  • 04-10-2012 3:06pm
    #1
    Registered Users, Registered Users 2 Posts: 323 ✭✭


    I know all about how my LL could go after me for the rent for the remaining months left on my lease but I am wondering what could I expect to offer in exchange for leaving a fixed term lease early?
    Ive just gotten a phonecall from someone saying a house will be coming available soon which will be €200 less a month. It'd mean a €130 a month saving for me as I currently pay €60 a week instead of the €30 a week rent supplement contribution. Itd also be smaller, better insulation, closer to family and also I could walk to the new internship I got this week.

    I'd like to see if it would be possible to break the lease, accepting some loss, but ideally not having to pay the whole remaining 4months on my lease.


Comments

  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    You need to reassign your current lease. This means you run it by the landlord first, then you find a new tenant and if the landlord is happy with them they take over your lease. Im sure that someone will expand on that in more helpful detail but that is the only legitimate way of breaking a fixed term lease.


  • Registered Users, Registered Users 2 Posts: 4,939 ✭✭✭goat2


    how long are you resding at the place you now pay rent on, if you give enough notice and hopefully the ll will be understanding on this and easy to get on with, i would not be bothered trying to find someone for the ll, as you do not have experience on finding tenants, because it is hard to second guess people,
    go to your ll and tell them that you wish to leave as soon as you can, see how that will go, dont tell them that you have found a place with better offer, this may anger them, find another excuse, like that you cannot afford to stay and would rather leave as asoon as possble, see what reaction you get,


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    goat2 wrote: »
    how long are you resding at the place you now pay rent on, if you give enough notice and hopefully the ll will be understanding on this and easy to get on with, i would not be bothered trying to find someone for the ll, as you do not have experience on finding tenants, because it is hard to second guess people,
    go to your ll and tell them that you wish to leave as soon as you can, see how that will go, dont tell them that you have found a place with better offer, this may anger them, find another excuse, like that you cannot afford to stay and would rather leave as asoon as possble, see what reaction you get,

    I agree, by all means talk to the landlord and see what they say. However, by reassigning the lease the OP is entitled to their deposit back (less damages); by just bailing on it even if the landlord agrees to it they do not have to give back the deposit (and most wont).


  • Registered Users, Registered Users 2 Posts: 323 ✭✭MariMel


    Im in the property since March and the deposit I paid was €100 so I probably dont mind too much if they keep it but I really dont want to leave on bad terms.

    So if i get an agreement from the LL that I can leave early....can they then go after me for the remaining lease's rent if they cannot find someone to move in in the next few months?


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    Get it in writing that you both mutually agree to the termination of the lease and you should be fine.


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  • Closed Accounts Posts: 1,869 ✭✭✭odds_on


    If you don't find the new tenant, the landlord can also claim his reasonable expenses in finding one. One advantage for the landlord, with an assignment, is that he is not liable for more PRTB registration fees as it is still the same tenancy - just a change of tenant.

    If you just leave, as long as the property remains vacant, you would be liable for the rent, however, the landlord is obliged to mitigate his loss as soon as possible (i.e. find a new tenant).


  • Closed Accounts Posts: 110 ✭✭orlaanne


    Chance your arm first and see will they agree to you giving notice and breaking the lease (in writing of course), if they don't you can always go down the assignment route. Some landlords will be prepared to do it.


  • Registered Users, Registered Users 2 Posts: 4,939 ✭✭✭goat2


    i am a landlord, and in all cases, if a person come to me saying that they want to leave next week i always just give them the deposit back and wish them luck, but there is one catch with me,
    since you have only been there since march, i would expect to get my place back in the exact same standard as you got, and have it ready for the next tenant, without me having to wash walls or toilets, it would have to be sparkling, and all would be fine, then i would hand the deposit back right after inspection, and if i find that it is not queit right i would say so , giving you a chance to rectify it,
    as i say that you are there a very short while and it is only after yourself you are cleaning up,
    also tell them that you will leave the place as you found it, and that it will be ready for new tenant, that is one reason i like long term people, i dont want to be out there every few months cleaning.
    it will go a long way to softning the blow for ll,
    it is only on short stays i do this, anything over a yr i would not be bothered


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    Im not sure how many landlords think the same way as you Goat! In fairness, while its nice to see a landlord who takes an understanding approach, you would be well within your rights to penalize the tenant financially for breaking a lease early. Chances are them leaving is going to leave you out of pocket, or at the very least inconvenienced in having to find a new tenant, so why shouldnt they pay a penalty for it? They signed a fixed term lease after all.


  • Registered Users, Registered Users 2 Posts: 4,939 ✭✭✭goat2


    in these times, for all of us, everything is uncertain, so peoples cash flow can be a problem,
    it will be a selfish landlord that shi4s on you when you are down,
    it is easier to get good tenants if you have a good name,


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