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Can I break my lease?

  • 03-04-2014 9:12pm
    #1
    whatanidiot
    Registered Users, Registered Users 2 Posts: 123 ✭✭


    I'm renting a house with a year lease from a letting agency. Due to financial problems I can no longer afford the rent. I've enough money saved to pay this month and next month but following that I just can't afford it and need to move to my parents house in a different county. Is there any way I can break the lease? Thanks for any advice you can give me.


Comments

  • #2
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    What does the lease say? Is there a break clause? Are you renting it alone? Is the lease entirely in your own name?

    Usually you can seek to reassign the lease and find a replacement tenant but depending on your lease you may not have to do that if there is a break clause.


  • #3
    whatanidiot
    Registered Users, Registered Users 2 Posts: 123 ✭✭whatanidiot


    athtrasna wrote: »
    What does the lease say? Is there a break clause? Are you renting it alone? Is the lease entirely in your own name?

    Usually you can seek to reassign the lease and find a replacement tenant but depending on your lease you may not have to do that if there is a break clause.

    As far as I can see there isn't a break clause in the lease. My boyfriend is on the lease but he's already had to move away as he was out of work and could only get work in a different county so he can't afford the rent for here either. It's all a bit of a mess. If I find someone to take over do the letting agent have to accept the people?


  • #4
    Michael D Not Higgins
    Registered Users, Registered Users 2 Posts: 7,223 ✭✭✭Michael D Not Higgins


    You must assign the lease to someone else and give the correct notice (4 weeks if less than 6 months, 5 weeks if less than a year assuming this is your first lease with this house) or you will be liable for the rent and advertising costs until a tenant has been found to replace you.

    Practically, the landlord will deduct these costs from your security deposit and would have to take a case with the PRTB to get any extra money from you. Since you are moving to another country the landlord is unlikely to bother. Have you spoken to the landlord/letting agency yet? He may be reasonable and understand your situation. If you are based in Dublin there will be no problem for him to rent the place again. Is there any damage?


  • #5
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Michael D Not Higgins wrote: »
    You must assign the lease to someone else and give the correct notice (4 weeks if less than 6 months, 5 weeks if less than a year assuming this is your first lease with this house) or you will be liable for the rent and advertising costs until a tenant has been found to replace you.

    Practically, the landlord will deduct these costs from your security deposit and would have to take a case with the PRTB to get any extra money from you. Since you are moving to another country the landlord is unlikely to bother. Have you spoken to the landlord/letting agency yet? He may be reasonable and understand your situation. If you are based in Dublin there will be no problem for him to rent the place again. Is there any damage?
    There would be no notice period in the case of an assignment.

    The new tenant (the assignee) takes over the lease agreement at the same time as the vacating tenant is released from the lease contract obligations. However, the vacating tenant is liable for the rent until such time as the replacement tenant takes over (that is, the vacating tenant may vacate at any time, but is responsible for the rent as it falls due, until the assignee accepts full responsibility for the lease contract. To do this correctly, a Deed of Assignment should be completed.

    With an assignment, it is the vacating tenant's responsibility to find a suitable replacement tenant and to pay any and all costs involved so that the landlord is not "out of pocket" by even 1 cent. It is the tenant who wants to break a legally binding contract and therefore must pay any costs involved.


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