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Does such wording in lease agreement allow me to move out early?

  • 09-08-2022 1:54pm
    Registered Users Posts: 16,086 ✭✭✭✭

    I'm a tenant, and I have an lease agreement for 12 months.

    Lease agreement states exact dates of beginning and end of tenancy. However there is a last paragraph in the lease agreement stating as follows:

    "Notice period: Tenant or Landlord can terminate this agreement with a minimum of one months' notice."

    Does that mean that I can just give a month notice to the landlord and move out, and be entitled to full deposit return provided property is returned in adequate state?


  • Registered Users Posts: 647 ✭✭✭houseyhouse

    Look up the rtb on ending a fixed tenancy as a tenant. You can end at any point if you find a replacement tenant to sublet to but there’s a good chance the LL would rather choose somebody themselves. Not sure how much the wording of the contract matters, because LL definitely can’t end tenancy with 30 days notice now.

    Threshold will examine your contact for you, too, if you want.

  • Registered Users Posts: 5,978 ✭✭✭Claw Hammer


  • Registered Users Posts: 12,993 ✭✭✭✭Dav010

    Edit: Sorry, misread op.

    Post edited by Dav010 on

  • Registered Users Posts: 16,086 ✭✭✭✭CiniO

    OK I had a bit more reading about it.

    It looks like, that as a tenant on fixed term tenancy, if I want to move out early, I can either sublet or assign the tenancy to someone else. Obviously landlord doesn't have to agree to that, and this gives me right to hand him a notice of i.e. 28 days if tenancy lasted for less than half a year.

    What I'm wondering though, does that wording in lease agreement about both tenant and landlord being able to terminate the lease with minimum one months notice - does that give me any extra rights, so I don't need to bother with asking landlord for permission to sublet or assign and wait for his refusal, but just hand him 1 month's notice straight away ?

    Does the notice need to be in writing in paper form or can it be send by email/whatsapp ?

    I don't have my landlords address, so if it was to be in paper form, I'm not sure how could I deliver it to him.

  • Registered Users Posts: 8,123 ✭✭✭Ray Palmer

    The landlord has to adhere to the law regardless of the lease so after 6 months they have to go by the law. Can't remember the current time frame. Tenants can basically do what they like as there is no real enforcement process for tenants. Just talk to your landlord most know they can't do anything and just want a reasonable amount of notice and get the next tenant. It just isn't worth the hassle.

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  • Registered Users Posts: 975 ✭✭✭mitresize5

    as a tenant you can pretty much do as you want. But if you want a reference from the landlord you'll have to come to an agreement with him

  • Moderators, Society & Culture Moderators Posts: 32,274 Mod ✭✭✭✭The_Conductor

    The clause in the lease affords you rights over and above those in the Residential Tenancies Act.

    In this instance- the landlord, whether deliberately or by accident, has given you the right to terminate the lease with 30 days notice.

    This right vests solely with you the tenant- irrespective of the fact that it states that either party may terminate the lease with 30 days notice- the landlord cannot- his/her obligations (at a minimum) are as per the Act- and not as per the lease.

    Leases can be very useful for spelling out rules- but both landlords and tenants need to be careful- as they can tie themselves up in knots unintentionally- by giving or revoking rights- when they had absolutely no reason to do so, given the obligations spelt out in the Act.

    So- you got handed a get-out clause. The landlord, nope.