Breaking a Lease

Tucker688

I moved into a house in August and signed a one year lease with my girlfriend, we have since broke up and I cannot afford the rent or get anyone into the house. Am i in my rights to break the lease with a months notice?

L1011

Simple answer: no

Tucker688

Does this mean I cant do it at all? Or I can do it but I will lose my deposit?

neil_hosey

find someone to take over the lease. Post it on daft

ChRoMe

Tucker688 wrote: »

Does this mean I cant do it at all? Or I can do it but I will lose my deposit?

You can do it, you will lose your deposit. Technically they could take you to court, but I'd be amazed if they did.

tierney989

you will lose your deposit but what i fond was that if u dont pay the last months rent your about evens whats the worst that can happen

L1011

tierney989 wrote: »

you will lose your deposit but what i fond was that if u dont pay the last months rent your about evens whats the worst that can happen

Being chased through the courts for the remaining rent, that's what

odds_on

Tucker688 wrote: »

I moved into a house in August and signed a one year lease with my girlfriend, we have since broke up and I cannot afford the rent or get anyone into the house. Am i in my rights to break the lease with a months notice?

No, you are not within your rights - you signed a contract for 1 year and one year it is. If you give a month's notice, you will lose your deposit, which I am sure you do not want to do. Furthermore, you are liable for the rent until the property is re-let.

However, Irish law allows a tenant (but not a landlord) to get out of a fixed term lease. This is done by "assigning" the remainder of your lease to someone who will take it over, lock, stock and barrel.

However, first you must get permission from the landlord to an assignment (if he does not give permission, you are free to leave after 28 days notice and retain your deposit (I don't know of a landlord who has refused!).

Then, it is your responsibility (and the costs included) to find the new tenant who must be acceptable to the landlord according to his referencing criteria. You are responsible for the rent until the tenant moves in. If you have to make a rent reduction in order to get the new tenant, you are liable for the difference.

tierney989

that wont happen they would have to find u 1st my borther did it and he got sent 2 letters so he went to see a lawyer and he said the lease is not worth the paper it prainted on

ChRoMe

MYOB wrote: »

Being chased through the courts for the remaining rent, that's what

The chances of that are so ****ing slim, its near negligible.

cookie1977

tierney989 wrote: »

you will lose your deposit but what i fond was that if u dont pay the last months rent your about evens whats the worst that can happen

They can take you to court

odds_on

cookie1977 wrote: »

They can take you to court

No they can't - all claims must first go through the PRTB.

cookie1977

odds_on wrote: »

No they can't - all claims must first go through the PRTB.

And do you think the prtb will side with the contract breaker from what we know? So yes they could be taken to court.

Do yourself a favour OP and speak to your LL. Tell them the situation and see what they say. Otherwise try to find someone to take over the lease from you. Dont get yourself into a stressful situation by breaking it. The posters warriors on here aren't in your situation so it's easier for them to say what ever they like.

tierney989

cookie1977 wrote: »

And do you think the prtb will side with the contract breaker from what we know? So yes they could be taken to court.

are you landlord trying to scare people

Scortho

If his ex is also on the contract, would she not be liable for the rent as well?

cookie1977

tierney989 wrote: »

are you landlord trying to scare people

Yes I am a landlord and no I'm not trying to scare people. I've had people come to me before asking to break the lease or cut the rent mid lease. For reasons from lost their job to having to emigrate. I'm a human too and I dont want people to be crucified because of unforeseen circumstances. So we worked it out. Cut rent one time and another time where one was leaving the other person got someone in to replace them. Problem sorted with no stress for anyone

cookie1977

Scortho wrote: »

If his ex is also on the contract, would she not be liable for the rent as well?

Both would be liable

Scortho

tierney989 wrote: »

are you landlord trying to scare people

Whether he is or not doesn't make any difference. The landlord is within his right to pursue him for the lost rent which may end up in court.
What you might find however is that many couldn't be bothered too, especially if they're able to rent it quickly! However some landlords will.

Scortho

cookie1977 wrote: »

Both would be liable

So it's like a mortgage then. Op I'd be letting your ex know if she has signed the lease.

tierney989

cookie1977 wrote: »

Yes I am a landlord and no I'm not trying to scare people. I've had people come to me before asking to break the lease or cut the rent mid lease. For reasons from lost their job to having to emigrate. I'm a human too and I dont want people to be crucified because of unforeseen circumstances. So we worked it out. Cut rent one time and another time where one was leaving the other person got someone in to replace them. Problem sorted with no stress for anyone

not all landlords are that good

cookie1977

Possibly, but he wont know until he asks. Landlords dont want hassle either. Most just want the rent in and the place kept intact.

L1011

tierney989 wrote: »

that wont happen they would have to find u 1st my borther did it and he got sent 2 letters so he went to see a lawyer and he said the lease is not worth the paper it prainted on

It does happen. Not hard to find people in such a close country.

You are being wholly irresponsible making the claims you're making

Tucker688

At the end of the day, if i lose my deposit thats just what happens, I know even if i lose the depositi i will make it back in a few months in a cheaper place. do you think I should just give up on the deposit and move on,. Will there be any repurcutions if i do?

Stheno

Tucker688 wrote: »

At the end of the day, if i lose my deposit thats just what happens, I know even if i lose the depositi i will make it back in a few months in a cheaper place. do you think I should just give up on the deposit and move on,. Will there be any repurcutions if i do?

Seriously just talk to your landlord.

super_furry

Yeah contact the landlord. If it's a Dublin property, he'll have little trouble filling it anyway.

djimi

Tucker688 wrote: »

At the end of the day, if i lose my deposit thats just what happens, I know even if i lose the depositi i will make it back in a few months in a cheaper place. do you think I should just give up on the deposit and move on,. Will there be any repurcutions if i do?

Legally the landlord could persue you for the remainder of the rent.

Realistically they almost certainly wont.

Its up to you whether or not you want to take the chance.

The legal option available to you is to reassign the lease. I would explore this option before bailing on your contract.