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Breaking my lease

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  • 10-03-2021 11:38am
    #1
    Registered Users Posts: 893 ✭✭✭


    Hello,

    I signed a year lease in July 2020. I wish to move out and randomly stumbled upon a great place. They offered it to me the same day I viewed it (yesterday) and the move in date is the 1st of April.

    I signed a lease on my current place and we sent it to the agency but they never sent it back co-signed, if that means anything?

    I live with two others, we each have our name on the lease. I'm not close to my housemates and haven't spoken to them about it, it feels very awkward because we all started off chatting a bit but tensions became high over covid and now it's sort of an avoidance situation.

    I have never broken a lease before, how do I go about this? I have looked online and found some others looking for a place but this apartment is so grotty etc that I would feel a bit bad touring and renting it to someone.

    Any advice would be appreciated. I plan on telling my housemates tonight (though we haven't spoken in many days, just out of avoidance really) that I am moving.


Comments

  • Registered Users Posts: 14,264 ✭✭✭✭Dav010


    If it’s a joint lease, you are severely liable, so others will be left to pay full rent. Ideally, you should try to find someone to replace you or at least give your flat mates notice that you are leaving and allow them to find a replacement. You are not due your deposit until the lease ends (others move out), so it benefits you to find a replacement who gives you the deposit and takes over your interest in the lease.


  • Registered Users Posts: 2,384 ✭✭✭1874


    While I dont condone breaking a lease, it happens,
    It is possible to get out of a fixed term lease, but Id say its easier if everyone wants out,

    Basically you ask the agent/landlord if you can assign the lease and they may not want that, so if they refuse, you can terminate it on those grounds.
    imo fixed term leases benefits no-one as tenants can get out of them even if not done correctly and landlords may end up more stuck with a tenants.


    Regarding you signing your current lease, but them not sending a copy back signed means nothing imo, because for one, you signed it, they probably have both copies and a contract/lease/tenancy can be without a lease document or signing anything. All parties agreed and carried on as if there is a contract/lease/tenancy.



    What it comes down to imo is, how not close to your housemates are you? will you come across them in work or other interactions? (not that I encourage that).

    Technically you would be liable but they definitely will be, the end result is, if you leave they will have to pay the rent balance, they would either have to pay up or get someone in, you could try yourself and under current circumstances (housing not C19) you probably would get someone, but you might not and it might be more dependent on the location as to how successful that is.



    I suggest you raise the topic as soon as possible, that way you give them the best heads up in advance to do something about it. You could try/start before you leave and let them manage it after. but they will be living with anyone so it might be best more in their hands or at least for them to decide on a person.

    If you want out and are decided, let them know ASAP, I wouldnt be overly concerned about it being grotty, it may suit someone, just clean it up as best as possible, scrub the toilet/washing facilities, make it tidy and look and smell clean and fresh, basic even old is ok imo so long as it is clean, if it isnt suited to someone, they will make that decision for you.


  • Registered Users Posts: 4,727 ✭✭✭Xterminator


    Hi OP

    it is quite simple here, you entered into a lease, which is a legally binding agreement. More importantly you gave your word. So do the honourable thing and act above board here.

    if you defaulted and disappeared, you are liable for rent and costs, but so are the 2 other tenants. that's not really on, and i am sure upon reflection its not the course of action you wish to embark on. Nor should looking for loopholes be your solution.

    Speak with your flatmates, contact the landlord and seek to be released from the lease by agreement. finding a substitute tenant may be a very good solution here. Paying up your share of the last 3 months rent is also possible. the landlord might agree to a lesser fee if given notice and handled right.


  • Registered Users Posts: 14,331 ✭✭✭✭jimmycrackcorm


    You need to talk to your flatmates. They might be happy to get in a replacement but you haven't really given a lot of notice.

    I don't you'll get your deposit back given that unless you can find a replacement that your flatmates are happy with and that person can give you your deposit.


  • Registered Users Posts: 893 ✭✭✭danslevent


    Hey,

    Thank you all! I informed my housemates and one of them might have a friend to move in, so happy days!

    I really appreciate the time you all took to reply, I was quite anxious today.


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  • Registered Users Posts: 694 ✭✭✭Oscar Madison


    danslevent wrote: »
    Hello,

    I signed a year lease in July 2020. I wish to move out and randomly stumbled upon a great place. They offered it to me the same day I viewed it (yesterday) and the move in date is the 1st of April.

    I'm just wondering if the move in date is trying to tell you something?


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