Moving out before lease up

cookiesandmilk

Hi

I want to move out of my apartment but the lease is not up for another 5 months, I do not want to lose my deposit.

How much notice would I need to give in order to get my deposit back?

Or will I just lose it if I do not see the lease through?

Thanks

djimi

The only way that you can expect to move out early and keep your lease is if you look to reassign the remainder of the lease. This means that you inform the landlord of your wish to reassign (they dont have to agree, but if they dont agree it means you can terminate the lease without penalty), and then you go and find a suitable tenant. You bear all expenses, including any shortfall in the rent should the new tenant end up paying less than you were for the duration of the lease, and the landlord is allowed to view the new tenants by the same criteria that were used when you moved in (ie they dont just have to accept the first person that you bring).

D3PO

cookiesandmilk wrote: »

Hi

I want to move out of my apartment but the lease is not up for another 5 months, I do not want to lose my deposit.

How much notice would I need to give in order to get my deposit back?

Or will I just lose it if I do not see the lease through?

Thanks

Unless you have a break clause YOU CANNOT just move out. Forget your deposit your legally obligated to pay the rent for the next 5 months, unless you reassign the lease or have a break clause.

Learn some responsibility. You signed a legally binding contract. If your not grown up enough to stand by the terms of a contract then don't sign one.

djimi

D3PO wrote: »

Learn some responsibility. You signed a legally binding contract. If your not grown up enough to stand by the terms of a contract then don't sign one.

Harsh. There could be any number of reasons why someone cannot fulfil the full terms of a fixed term lease. You dont know the OPs circumstances.

cookiesandmilk

D3PO wrote: »

Unless you have a break clause YOU CANNOT just move out. Forget your deposit your legally obligated to pay the rent for the next 5 months, unless you reassign the lease or have a break clause.

Learn some responsibility. You signed a legally binding contract. If your not grown up enough to stand by the terms of a contract then don't sign one.[/QU


they are messing me around not fixing and replacing items they said they would,
do not start spouting nonsense to a stranger on the internet about learning responsibility and being grown up without knowing the facts of the situation.
The absolute cheek of you.

cookiesandmilk

djimi wrote: »

The only way that you can expect to move out early and keep your lease is if you look to reassign the remainder of the lease. This means that you inform the landlord of your wish to reassign (they dont have to agree, but if they dont agree it means you can terminate the lease without penalty), and then you go and find a suitable tenant. You bear all expenses, including any shortfall in the rent should the new tenant end up paying less than you were for the duration of the lease, and the landlord is allowed to view the new tenants by the same criteria that were used when you moved in (ie they dont just have to accept the first person that you bring).

Thank you, this is very useful information, the kind of advice I was looking for.

cookiesandmilk

just read on the prtb.ie website if I give enough notice that I am moving out I am entitled to get my deposit back.

NinjaTruncs

cookiesandmilk wrote: »

just read on the prtb.ie website if I give enough notice that I am moving out I am entitled to get my deposit back.

But if you are in a fixed term lease you need to see out the lease or cancel it with thw landlords approval. There is no "enough notice" if you are in a fixed term lease unless the notice is equal to the remainder of the lease.

cookiesandmilk

NinjaTruncs wrote: »

But if you are in a fixed term lease you need to see out the lease or cancel it with thw landlords approval. There is no "enough notice" if you are in a fixed term lease unless the notice is equal to the remainder of the lease.

ok thanks, I do want to get out of this lease though, I am very unhappy with how I am being treated, I have read on another thread here that if you are not presented with a ber cert that the lease is invalid, is this true?

And does my landlord need to be registered with the prtb? as I can see that they are not

djimi

cookiesandmilk wrote: »

ok thanks, I do want to get out of this lease though, I am very unhappy with how I am being treated, I have read on another thread here that if you are not presented with a ber cert that the lease is invalid, is this true?

And does my landlord need to be registered with the prtb? as I can see that they are not

Neither of those are a legal out.

Youre only options are to either reassign your lease, or take a case with the PRTB against your landlord for not fulfilling their obligations (this will take months to resolve). There is no other way out of the lease where you can keep your deposit. A fixed term lease is just that.

D3PO

cookiesandmilk wrote: »

they are messing me around not fixing and replacing items they said they would,
do not start spouting nonsense to a stranger on the internet about learning responsibility and being grown up without knowing the facts of the situation.
The absolute cheek of you.

The facts of your personal situation irrelevant. You have a legal obligation just like your landlord does. If you have an issue go via the correct channels to sort the issue.

It doesn't give you any right to break a legal contract. So yes grow up and learn some responsibility.

cookiesandmilk

D3PO wrote: »

The facts of your personal situation irrelevant.

This comment makes absolutely no sense.

You seem very angry pet, calm down.

D3PO

cookiesandmilk wrote: »

This comment makes absolutely no sense.

You seem very angry pet, calm down.

It makes every sense. Just because you "haven't had things fixed" has no bearing whatsoever. Ergo your personal situation is irrelevant.

The facts are clear you signed a 1 year lease legally you have to abide by that lease or have to find somebody to reassign the lease to.

You cant just take the hump give notice and decide to move out.

ted1

In the real world you move out and lose your deposit. Landlord is pissed off , not much will happen. In this day and age it's very easy to get tenants. The landlord will only chase you if he doesn't try to get tenants, and if he does not try to get tenants no judge will award in his favour against a private individual as oppose to a company as you legally have to try and mitigate your losses.

Here's a good guide. http://www.let.ie/articles/tenant-wants-out

cookiesandmilk

Thanks for info everyone, despite D3PO getting VERY upset for some reason, I have no intention of moving out if I am unable to get my deposit back, hence me coming on here to sound out good advice about where I stand and what my rights are. I would not dream of letting this landlord keep my deposit as they did not stick to their side of the agreement.

quietsailor

cookiesandmilk wrote: »

This comment makes absolutely no sense.

You seem very angry pet, calm down.

cookiesandmilk wrote: »

Thanks for info everyone, despite D3PO getting VERY upset for some reason, I have no intention of moving out if I am unable to get my deposit back, hence me coming on here to sound out good advice about where I stand and what my rights are. I would not dream of letting this landlord keep my deposit as they did not stick to their side of the agreement.

First of all D3PO is a regular poster on here whereas your not even a regular poster on the wider boards.ie site so anyone on here will more than likely agree with D3PO rather than you.


Second you came on here looking for illegal advice - how to get out of a fixed term contract. Most of us on here will give a poster new to the forum the benefit of the doubt but you seem determined to atagonise people so your not going to get much help that way.


Third, from memory D3PO will give advice to both Landlords AND tenants impartially so D3PO is more than likely sick of seeing people like you trying to weasel out of their responsibilities. Not all tenants are out to "screw da man (LL)" and the ones who do think like that screw LL/tenant relationships up for the rest of us.


Bearing all that in mind I'd keep snide comments to yourself "pet". Otherwise in the future when you come posting on here looking for help people will see your attitude and just not bother helping you. Had you actually bothered to search this forum you'd see that there have been numerous threads like this one telling you how to re-assign a fixed term lease, more threads telling you how to properly go about notifying the Landlord about problems and then how to put pressure on them to get the work carried out.

Even try searching under my previous posts in this forum, I answered another thread in the last few months explaining to a poster how to go about getting their Landlord to carry out work in the house, had you not been so pissy I would have searched it out for you myself, with your attitude I couldn't be bothered helping you!

quietsailor

cookiesandmilk wrote: »

Hi

I want to move out of my apartment but the lease is not up for another 5 months, I do not want to lose my deposit.

How much notice would I need to give in order to get my deposit back?

Or will I just lose it if I do not see the lease through?

Thanks

To answer your original questions;

Notice:
There is no notice period on a fixed term lease to leave the apartment, you must either pay rent to the end of the lease or find some someone who is approved by the LL to take over your lease.

Deposit:
You will lose your deposit if you move out before the end of a fixed term lease. Legally the LL is also entitled to take you to the PRTB and claim for lost rent + expenses incurred as a result of you moving out early

djimi

I don't see the problem with someone coming on here and asking the question; any question. It is an advice forum after all. There is no need to get pissy with someone for trying to find out where they stand. It's not a nice situation to be in a tenancy where there are problems that you feel the landlord has no interest in resolving; I don't blame the OP for seeing if there is a way out of their lease in this instance. It's possible to post the answer to questions without having to be patronizing about it.

cookiesandmilk

quietsailor that is a very childish point to make that I am not a regular poster, almost amounts to bullying in my opinion - I'm not in with 'the gang'

It is as ridiculous as me pointing out that you have hardly any posts compared to D3PO so people should disregard your advice.

I did not come here looking for illegal advice you have put that spin on my original question ALL by yourself.

Brings me back to thinking some of these internet forums are a dangerous place as nobody knows the persons circumstances asking for advice, and if some people are unable to be civil and just respond with the facts they can choose to not respond at all.

Thank djimi you seem lovely

The_Conductor

People- I'm only going to say this once- so please take note.

Do not personalise your posts.
Do not attack the poster.
If you disagree with what another forum user posts- refute their post, without attacking them (or being condescending towards them).
Be civil towards one another- its not difficult- and everyone's experience on this forum is normally a lot better for it.
Quit with the snipping at one another- yes, I know people are tetchy- but its no excuse for bad tempered comments directed at one another.

Please read the forum rules- and abide by them (they are stickied at the top of the main page in this forum).

Cookiesandcream- you have been given good advice. The query you've raised has come up in this forum numerous times- I'd suggest having a look over some of the older threads, they will give you an idea of how other people in your position fared.

No more warnings everyone- this is the one and only- be polite and civil towards one another- or further action will be taken by me.

Regards,

Shane

quietsailor

smccarrick wrote: »

People- I'm only going to say this once- so please take note.

Do not personalise your posts.
Do not attack the poster.
If you disagree with what another forum user posts- refute their post, without attacking them (or being condescending towards them).
Be civil towards one another- its not difficult- and everyone's experience on this forum is normally a lot better for it.
Quit with the snipping at one another- yes, I know people are tetchy- but its no excuse for bad tempered comments directed at one another.

Please read the forum rules- and abide by them (they are stickied at the top of the main page in this forum).

Cookiesandcream- you have been given good advice. The query you've raised has come up in this forum numerous times- I'd suggest having a look over some of the older threads, they will give you an idea of how other people in your position fared.

No more warnings everyone- this is the one and only- be polite and civil towards one another- or further action will be taken by me.

Regards,

Shane

Shane I don't know what precisely out of that is directed at me but I apologise for creating the situation where you had to step in,

I'm just tired of constantly seeing people trying to dodge their obligations and even when they're told its illegal/wrong/stupid they keep coming back with but, but, I don't want to xxxxxx. I know I shouldn't answer threads like above but it gets on my wick sometimes to see the same threads ad nauseam and clued in posters knowledge ignored because it doesn't suit the OP

oh and c&c - you did get a straight non-opinion answer from me above

Is there any way we could make one sticky thread up at the top and put links into all these threads where people have been given info, I'm even willing to do the grunt work if it means and end of these constant recurring threads. That way any new posters asking for this advice can be pointed at the one thread and then their "new" thread closed off to prevent this happening again?

Qs

The_Conductor

I understand what you're saying. From experience a limited number of stickied threads is far more effective, than having a veritable library referenced in the root of a forum. People may check out a couple of stickied threads- but even this is not a given- most people simply don't bother reading them.

I do appreciate your offer to assist in compiling a list of the pertinent threads on this topic- and will discuss this with Victor.

Thankyou.

Shane

djimi

I'll second the need for a sticky that deals with recurring issues such as how to get out of a fixed term lease.

odds_on

The Op's problems seem to stem from condition or faults in his rented property with which he is unhappy. The following has been posted by myself on numerous occasions during the past year or more. A copy below:

What to do if there is a problem your accommodation
The Residential Tenancies Act 2004 states in Part 2, Section 16:
(d) notify the landlord or his or her authorised agent of any defect that arises in the dwelling that requires to be repaired so as to enable the landlord comply with his or her obligations, in relation to the dwelling or the tenancy, under any enactment,

This is very important. Very few tenants actually do this correctly, as a result, repairs or problem issues are not remedied and the tenant is constantly phoning or texting the landlord. This goes on for weeks and weeks if not months. Never ever rely on verbal agreements for repairs etc. either before signing a lease or once you have taken up occupancy.
If the tenant has an issue with anything in the property (appliance failure, pest infestation, problems with windows, floors, leaks, heating, etc) that the landlord should maintain under his obligations, then the following steps should be taken:
1. Advise the landlord immediately either by phone or text.
2. Follow up immediately by writing to the landlord (keep a copy), date it and state the failure and give the landlord a reasonable time to remedy the failure. A reasonable time would normally be 7 – 14 days but may be less in serious cases. If the tenant does not give the landlord a time limit for the rectification of the failure, the problem will to drag on and on and on …….
3. Under normal circumstances, if the landlord does not rectify the failure within the time limit then he is in breach of his obligations. However, if he has to wait for new parts, then he would not be considered in breach as this is out of his control.

If you have done the above, and the landlord has not remedied the problem then you could be free to leave after a written Notice of Termination (usually 28 days notice but could be 7 days in cases where serious injury or damage to tenant or property are possible) and be entitled to the return of your deposit. Again, keep a copy. There is an Example of Notice of Termination of Tenancy (with notes on its completion) on the PRTB web site which can be used by either tenant or landlord.
You could also make a claim to the PRTB for "damages" - inconvenience, stress, loss of quiet enjoyment of the property etc depending on the type of failure. Financial rewards to the tenant are often made in these cases.
By keeping a copy of the letter requesting repairs (make sure it is dated and specifies by when the repairs/replacement should be done) advising the landlord about the failure, you have evidence to back yourself up should there be a claim with the PRTB as regards the landlord’s breach of his obligations.
Under the RTA 2004 Section 12 (g), if you feel inclined and would like to remain in the property, you could have the repairs/failures remedied yourself, having:
a) received several quotes for the work and
b) informed the landlord (in writing, keep a copy) that as he has not remedied the issue you will have the work effected using the lowest quote (provide a copy) and withhold rent to cover the cost of same.
RTA 2004 Section 12
(g) without prejudice to any other liability attaching in this case, reimburse the tenant in respect of all reasonable and vouched for expenses that may be incurred by the tenant in carrying out repairs to the structure or interior of the dwelling for which the landlord is responsible under paragraph (b) where the following conditions are satisfied—
i) the landlord has refused or failed to carry out the repairs at the time the tenant requests him or her to do so, and
(ii) the postponement of the repairs to some subsequent date would have been unreasonable having regard to either—
(I) a significant risk the matters calling for repair posed to the health or safety of the tenant or other lawful occupants of the dwelling, or
(II) a significant reduction that those matters caused in the quality of the tenant’s or other such occupants’ living environment,

quietsailor

What if there was ONE stickied, locked thread. Each post or group of posts* within the thread would deal with a different subject. This will avoid spamming the forum with multiple threads yet every bit fo relevant info will be stickied.

There are a few threads for each topic that would have all the information needed/most often given and they'd be hyperlinked in

Links to the relevant info could also be placed e.g Residential Tenancies Act See section 12, obligations of landlord

The most relevant posts from the best threads could also be directly copied in

Then anytime a new thread is created looking for any of this info that new thread can have a not posted to look in the sticky for the relevant info & links and then the new thread closed?

It's doable, a bit of hard work but do-able, I reckon the biggest problem will be limiting the information AND.......................arguing over the name

*= the only reason I say group of posts is that I'm not sure if there is a max character count per post

Cuddlesworth

People don't read stickys. It would be a waste of time.

djimi

Cuddlesworth wrote: »

People don't read stickys. It would be a waste of time.

At least when the same question gets asked for the hundreth time we can say look at the sticky rather than having to type out the same answer over and over!

quietsailor

Cuddlesworth wrote: »

People don't read stickys. It would be a waste of time.

I'm talking more that the regular posters can reply to any new thread with a link to that stickied thread. An extra - and this'd be a mod descision - but having one central area for info may also allow the mods to lock any new threads after the link to the sticky is posted to avoid;

• the same threads spamming the forum
• posters getting annoyed with the people creating these threads as its the same thead that was asked last week and the week before ....... and so on