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Notice to end tenancy

  • 19-02-2020 1:27pm
    #1
    Registered Users Posts: 127 ✭✭


    I have been renting an apartment for nearly 3 years. I signed a 1-year renewable lease when I first moved in (May 2017). It is stated in the lease that "if tenancy continues beyond this agreement, either party may end it by giving not less than 4 weeks notice".

    I would now like to move in with a friend as soon as possible. Do I legally just need to give my landlord not less than 4 weeks notice? Getting a bit confused by this, which seems to state 56 days - https://www.threshold.ie/advice/ending-a-tenancy/ending-your-tenancy/

    Also just checking I don't legally need to stay until May 2020?

    Thanks!


Comments

  • Registered Users Posts: 101 ✭✭VonBeanie


    First up, the legislation trumps the contract. No matter what it says in the lease, the legislation will over-ride it. The 4 weeks in the lease is therefore not applicable. AFIK there is nothing stopping you giving 56 days notice to terminate to your landlord, even if he/she has already served notice to you.

    The Landlord might be delighted to see you move out earlier. You might be able to negotiate a mutually agreeable date.


  • Moderators, Society & Culture Moderators Posts: 32,278 Mod ✭✭✭✭The_Conductor


    Legally you have to give 56 days notice- however, you can negotiate a shorter time with the landlord, if they are willing to do so.
    The manner in which the lease is phrased- leaves it open to statutory declaration periods- which in your case is the full 56 days.


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