Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Leave the apartment early

Options
  • 14-01-2016 12:21pm
    #1
    roghar
    Registered Users Posts: 26 ✭


    Hello,


    For health reasons I can't still living in my current apartment ( I payed until 7 of February, and my contract will end in March 7)


    Explaining the situation to my agency, they answer me thay I shall still paying and pay the next rent even If I am not living there.

    I found a new house and I am moving there, Can I give to the landlord they keys of my old apartment , don´t pay the last month of rent and basically , lose the deposit? (I would like to show the apartment to the landlord first, just to show him that is in perfect status)

    They will recover the apartment 1 Month and half before, and all of the payments untill the last day of the signed contract


    (I tried to do an assignement, and they told me that I can do an assignement paying about 700 euros to the agency , and I know that the last tenant did an assignement with no problems at all)


    I know that don't pay the last month and pay it with the deposit is not the right way to do that, but the apartment is in a perfect status, and I am pretty sure that my agency will try to don't pay me the deposit , and In that case I will lose the rent + 1 deposit

    What could happen If I do that?
    Tagged:


Comments

  • Options
    #2
    magicmushroom
    Registered Users Posts: 824 ✭✭✭magicmushroom


    There's nothing stopping you from leaving early and not paying the last months rent, leaving the deposit to cover it - however, you will be unlikely to get references.

    I would try and contact the landlord directly, get him out to inspect the property so he can see the deposit isn't needed to cover any damage etc and then see if he'll agree to you leaving early and keep your deposit.

    There's no guarantee he will agree to same though.


  • Options
    #3
    roghar
    Registered Users Posts: 26 ✭roghar


    I am trying to contact to the agency to get the references before start to talk about that, but they are basically ignoring me ...


  • Options
    #4
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,204 Mod ✭✭✭✭godtabh


    roghar wrote: »
    Hello,


    For health reasons I can't still living in my current apartment ( I payed until 7 of February, and my contract will end in March 7)


    Explaining the situation to my agency, they answer me thay I shall still paying and pay the next rent even If I am not living there.

    I found a new house and I am moving there, Can I give to the landlord they keys of my old apartment , don´t pay the last month of rent and basically , lose the deposit? (I would like to show the apartment to the landlord first, just to show him that is in perfect status)

    They will recover the apartment 1 Month and half before, and all of the payments untill the last day of the signed contract


    (I tried to do an assignement, and they told me that I can do an assignement paying about 700 euros to the agency , and I know that the last tenant did an assignement with no problems at all)


    I know that don't pay the last month and pay it with the deposit is not the right way to do that, but the apartment is in a perfect status, and I am pretty sure that my agency will try to don't pay me the deposit , and In that case I will lose the rent + 1 deposit

    What could happen If I do that?

    You are liable for all outstanding rent to the end of your lease. You can try and reassign the lease but it is unlikely that any one will take it for 6 weeks but maybe some one will.

    Your deposit cant be used for the last months rent.


  • Options
    #5
    magicmushroom
    Registered Users Posts: 824 ✭✭✭magicmushroom


    roghar wrote: »
    I am trying to contact to the agency to get the references before start to talk about that, but they are basically ignoring me ...

    Well they're hardly going to give you a reference before you have completed your contract, are they?


  • Options
    #6
    roghar
    Registered Users Posts: 26 ✭roghar


    magicmushroom wrote: »
    Well they're hardly going to give you a reference before you have completed your contract, are they?

    Finally, they sent me my references.


    Now I can deal with them.


    I sent an email explaining that I am leaving next week, and they can visit the house and recover the keys, then they can pay me the deposit and with that, i can pay the last rent

    They will have the house for them one month and half before being payed, i think is a dream scenario for them, hopefully they will agree with that


  • Advertisement
  • Options
    #7
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    magicmushroom wrote: »
    There's nothing stopping you from leaving early and not paying the last months rent, leaving the deposit to cover it - however, you will be unlikely to get references..

    Nothing at all?


  • Options
    #8
    [Deleted User]
    Posts: 50,630 ✭✭✭✭ [Deleted User]


    This is why some landlords have started looking for 2 months deposit from new tenants.


  • Options
    #9
    roghar
    Registered Users Posts: 26 ✭roghar


    davo10 wrote: »
    Nothing at all?


    According to the law you can't do that (in this case I can't), however, being the amount of the deposit the same than the last rent, being the house in good status, my question is


    What could happen?


  • Options
    #10
    roghar
    Registered Users Posts: 26 ✭roghar


    Deleted User wrote: »
    This is why some landlords have started looking for 2 months deposit from new tenants.

    Nothing change, if they require 2 month deposit and someone will leave the contract early, they will try to pay the last 2 months with the deposit...


  • Options
    #11
    spaceHopper
    Registered Users Posts: 3,968 ✭✭✭spaceHopper


    If they rent it before the 7th of March you should get a refund of what ever portion of the deposit you are due. Sorry for your health problems.


  • Advertisement
  • Options
    #12
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    roghar wrote: »
    Nothing change, if they require 2 month deposit and someone will leave the contract early, they will try to pay the last 2 months with the deposit...

    Not quite, two months allows the LL to begin eviction process which pretty much ends any hope of a reference and may severely limit any chance of securing future rentals as most LLs now insist on references.

    Also, a two month deposit is a lot for a tenant to walk away from, happy days for the LL though if the property can be rented quickly.


  • Options
    #13
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    spaceHopper wrote: »
    If they rent it before the 7th of March you should get a refund of what ever portion of the deposit you are due. Sorry for your health problems.

    Considering the LL allowed the op to reassign and the op didn't pay his/her last month's rent therefore breaching the terms of the tenancy, are you sure about that?


  • Options
    #14
    roghar
    Registered Users Posts: 26 ✭roghar


    davo10 wrote: »
    Considering the LL allowed the op to reassign and the op didn't pay his/her last month's rent therefore breaching the terms of the tenancy, are you sure about that?



    One thing here.


    The LL allow me to reassing, but paying a big amount of money (That amount of money is not in the PRTB and I am not sure if is legal.

    I am asking not to avoid the payment of the last month, I am asking for, pay the last month with my deposit (after a correct review of the apartment for the LL) and then give to the LL the house, having the payment of the full contract with the posibility to rent to other tenant.


  • Options
    #15
    Michael D Not Higgins
    Moderators, Society & Culture Moderators Posts: 7,223 Mod ✭✭✭✭Michael D Not Higgins


    Under what grounds were they charging you €700 for an assignment?


  • Options
    #16
    roghar
    Registered Users Posts: 26 ✭roghar


    Michael D Not Higgins wrote: »
    Under what grounds were they charging you €700 for an assignment?

    Undefined, probably trying to keep me in the property , I am 100% sure that the girl wo did the assignment before me don´t pay for that.


  • Options
    #17
    Michael D Not Higgins
    Moderators, Society & Culture Moderators Posts: 7,223 Mod ✭✭✭✭Michael D Not Higgins


    roghar wrote: »
    Undefined, probably trying to keep me in the property , I am 100% sure that the girl wo did the assignment before me don´t pay for that.

    If there's nothing in the lease about it then it's highly suspect. I'd be demanding a reason from the agent and threatening a complaint to the PSRA. You could imagine a small admin fee, say €50, being reasonable but €700 is extortion, as you said trying to keep you there.

    Feel free not to answer this. Were your health problems associated with the living conditions in the apartment?


  • Options
    #18
    OldMrBrennan83
    Closed Accounts Posts: 26,658 ✭✭✭✭OldMrBrennan83


    This post has been deleted.


  • Options
    #19
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Op, what makes you think you will not get your deposit back when the lease term ends? Does the €700 correspond to a month's rent? If do the LL was probably looking for you to pay the rent on the month up to the lease being assigned/new tenant moving in rather than up to the date you informed him of the reassignment. What exactly did he say the reason for the €700 fee was?


  • Options
    #20
    roghar
    Registered Users Posts: 26 ✭roghar


    davo10 wrote: »
    Op, what makes you think you will not get your deposit back when the lease term ends? Does the €700 correspond to a month's rent? If do the LL was probably looking for you to pay the rent on the month up to the lease being assigned/new tenant moving in rather than up to the date you informed him of the reassignment. What exactly did he say the reason for the €700 fee was?

    The deposit was a bit higher, the deposit is 800€


    He didn't give me a reason for that fee.


    The reason cause I think I won't have the deposit back is the amount of problems that the Agency is giving me (for example the strange assignement fee)


    I am waiting for them answer for my purpose (check the property now with this month full paid, give them the keys and pay the deposit(if the property is OK for them) as next month lease)
    I will update the post with future answers


  • Options
    #21
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    roghar wrote: »
    The deposit was a bit higher, the deposit is 800€


    He didn't give me a reason for that fee.


    The reason cause I think I won't have the deposit back is the amount of problems that the Agency is giving me (for example the strange assignement fee)


    I am waiting for them answer for my purpose (check the property now with this month full paid, give them the keys and pay the deposit(if the property is OK for them) as next month lease)
    I will update the post with future answers

    The "assignment fee" may seem strange because you are not sure what it is and why you are being asked for it. Besides, it doesn't apply because you were not able to find someone to reassign it to. As of now, your lease is until March 7 and unless you find someone to reassign it to, you owe rent for the month of February. Unless the LL agrees to early termination or to use the deposit for the last month's rent, then you owe for another month.

    Personally I'd inspect the property as soon as possible, if all is well I'd accept your offer to use the deposit and get you out as soon as possible.

    I suspect the next tenent will be asked for the equivalent of 2-3 months rent as a deposit. This is the best approach now for LLs.


  • Advertisement
  • Options
    #22
    OldMrBrennan83
    Closed Accounts Posts: 26,658 ✭✭✭✭OldMrBrennan83


    This post has been deleted.


  • Options
    #23
    roghar
    Registered Users Posts: 26 ✭roghar


    davo10 wrote: »
    The "assignment fee" may seem strange because you are not sure what it is and why you are being asked for it. Besides, it doesn't apply because you were not able to find someone to reassign it to. As of now, your lease is until March 7 and unless you find someone to reassign it to, you owe rent for the month of February. Unless the LL agrees to early termination or to use the deposit for the last month's rent, then you owe for another month.

    Personally I'd inspect the property as soon as possible, if all is well I'd accept your offer to use the deposit and get you out as soon as possible.

    I suspect the next tenent will be asked for the equivalent of 2-3 months rent as a deposit. This is the best approach now for LLs.

    The agency told me without any doubt , "If you do an assignement is fine for us, but you shall pay 700 € and the assignement only will be until the end of the contract " (of course is not a copy paste of the real email ,but for privacity reasons I won´t paste the real email, but the content is 99.99% the same


  • Options
    #24
    roghar
    Registered Users Posts: 26 ✭roghar


    davo10 wrote: »
    The "assignment fee" may seem strange because you are not sure what it is and why you are being asked for it. Besides, it doesn't apply because you were not able to find someone to reassign it to. As of now, your lease is until March 7 and unless you find someone to reassign it to, you owe rent for the month of February. Unless the LL agrees to early termination or to use the deposit for the last month's rent, then you owe for another month.

    Personally I'd inspect the property as soon as possible, if all is well I'd accept your offer to use the deposit and get you out as soon as possible.

    I suspect the next tenent will be asked for the equivalent of 2-3 months rent as a deposit. This is the best approach now for LLs.


    Another important thing is, I HAVE someone to do the assignement, but even in that case they told me that maybe will be renewed, maybe not, and for sure I have to pay 700 euro to do the assignement.


Advertisement