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Breaking Lease

  • 22-07-2016 9:40am
    #1
    TorSerina
    Registered Users, Registered Users 2 Posts: 2 ✭


    Hi,

    I've just signed a lease for a place in North Dublin (6 Months). At the moment I haven't paid my deposit. I paid a months rent up front, without yet paying the deposit.

    Since I've signed the lease, the place has been a mess, when I agreed to move in, it was promised that the place would be cleaned. It has't. It's covered in dog hair, I mean it's all over the carpets, eating areas, it's everywhere.

    I'm wondering if it's illegal if I just leave the premises at the end of this month, without paying the deposit?

    Any advice will be considered greatly helpful.


Comments

  • #2
    Graham
    Moderators, Society & Culture Moderators Posts: 17,643 Mod ✭✭✭✭Graham


    Theoretically and contractually speaking, the landlord could pursue you for the remaining 5 months rent. Whether it's worth his while is another question entirely.

    Have you spoken to the landlord and told him the place needs to be thoroughly cleaned as per the original agreement?


  • #3
    TorSerina
    Registered Users, Registered Users 2 Posts: 2 ✭TorSerina


    Hi Graham, thanks for your reply.


    The landlord is currently out of the country. And not back for several months.
    That's my concern. I know its not ethical. But the house is a mess.

    My housemates told me that the landlord has lied to them previously about cleaning the place, and although they wanted to move out, they can't afford to.

    It's in the hands of a management company from next week onwards. If I can find someone to replace me, I'll take the hit.

    I don't mind paying the deposit and leaving, but I don't think that staying is a long term option.


  • #4
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Graham wrote: »
    Theoretically and contractually speaking, the landlord could pursue you for the remaining 5 months rent. Whether it's worth his while is another question entirely.

    Have you spoken to the landlord and told him the place needs to be thoroughly cleaned as per the original agreement?

    This is a misunderstanding of contract law. There is always a duty to mitigate damages. A watch of Judge Judy is a great way to learn about basic contract law in an entertaining way.

    In Dublin there should be no more than a 1 month loss with potentially advertising fees, as for going after the OP the RTB make this easier, but if the OP has evidence of the place being in a state, that will help.


  • #5
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    MarkAnthony wrote: »
    This is a misunderstanding of contract law. There is always a duty to mitigate damages. A watch of Judge Judy is a great way to learn about basic contract law in an entertaining way.

    In Dublin there should be no more than a 1 month loss with potentially advertising fees, as for going after the OP the RTB make this easier, but if the OP has evidence of the place being in a state, that will help.

    From reading the op's post, there was people in there already when op moved in. How was LL supposed to clean it with tenants in situ? Seems to be an issue caused by existing tenants.


  • #6
    RossieMan
    Registered Users, Registered Users 2 Posts: 6,766 ✭✭✭RossieMan


    How is it the landlord's fault that dog hairs are in the place? Surely it's the existing tenants fault for not cleaning the place up?


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  • #7
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    davo10 wrote: »
    From reading the op's post, there was people in there already when op moved in. How was LL supposed to clean it with tenants in situ? Seems to be an issue caused by existing tenants.

    With a hoover. Feckers at RAF Halton made me clean my area with sellotape back in the day, still we were there on sufferance a lot of the time. The one thing I don't recommend though are those little attachments from Dyson, sure they look the part but they don't really do anything - I got mine for free.


  • #8
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    MarkAnthony wrote: »
    With a hoover. Feckers at RAF Halton made me clean my area with sellotape back in the day, still we were there on sufferance a lot of the time. The one thing I don't recommend though are those little attachments from Dyson, sure they look the part but they don't really do anything - I got mine for free.

    Ah right, LL should go in there every week and hoover the place? Were you the guy they used to send to clean inside the Harrier engines with a toothbrush?


  • #9
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    davo10 wrote: »
    Ah right, LL should go in there every week and hoover the place? Were you the guy they used to send to clean inside the Harrier engines with a toothbrush?

    Just the barracks.

    No the LL should only go in/arrange a cleaner when they said they were going to go in/arrange a cleaner. I believe the OP stated in the OP that the LL said the place would be cleaned. Apologies if I am mistaken.


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