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Break Clause

  • 03-02-2011 8:24pm
    #1
    Daith
    Registered Users, Registered Users 2 Posts: 5,072 ✭✭✭


    Hi all,

    This may make me seem so stupid but here we go.

    Leased a place for a year. Its grand and have no major problem staying for the full lease.

    Was just looking at the contract again as the lease is up is 3 months and noticed that it includes a break clause option which states that if the lease is broken within the 12 month period, the security deposit is forfeit and the lease ceases to exist.

    So my question is that all I need to break the lease early, lose the deposit but not be obligated for the rest of the money?


Comments

  • #2
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    No. If you break the lease early, you'll definitely lose your deposit. Legally, the landlord can make you liable for the rent for the remainder of the lease too.

    But if the landlord's reasonable, you can usually negotiate early release.


  • #3
    Daith
    Registered Users, Registered Users 2 Posts: 5,072 ✭✭✭Daith


    ABajaninCork wrote: »
    No. If you break the lease early, you'll definitely lose your deposit. Legally, the landlord can make you liable for the rent for the remainder of the lease too.

    But if the landlord's reasonable, you can usually negotiate early release.

    Oh I know I would def lose the deposit. It says it in the break clause. It then says that the lease ceases to exist though? So if the lease ceases to exist why would I be liable for the remainder of the lease?


  • #4
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    Daith wrote: »
    Oh I know I would def lose the deposit. It says it in the break clause. It then says that the lease ceases to exist though? So if the lease ceases to exist why would I be liable for the remainder of the lease?

    You signed a lease for a YEAR did you not? Why would you not be liable???


  • #5
    Daith
    Registered Users, Registered Users 2 Posts: 5,072 ✭✭✭Daith


    ABajaninCork wrote: »
    You signed a lease for a YEAR did you not? Why would you not be liable???

    Because the contract/lease includes a break clause? Otherwise whats the point of putting in the clause?


  • #6
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    If you sign a lease for a year, when did the break clause come in?

    For example, if the break clause is 6 months, it means the lease can be broken by either side after 6 months with no penalty. If after the six month break, both sides are happy, then the lease runs until it ends or is renewed.

    That is what I have on my leases, and that's the way it's always worked...


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  • #7
    Daith
    Registered Users, Registered Users 2 Posts: 5,072 ✭✭✭Daith


    ABajaninCork wrote: »
    If you sign a lease for a year, when did the break clause come in?

    For example, if the break clause is 6 months, it means the lease can be broken by either side after 6 months with no penalty. If after the six month break, both sides are happy, then the lease runs until it ends or is renewed.

    That is what I have on my leases, and that's the way it's always worked...

    It just says if the lease is broken within the allocated 12 months. There's no time limit other than the other that. I know about six month clauses which I thought as standard.

    To be honest it just seems to give me the right to cancel at any time and lose the deposit which I would never expect from a landlord :p Might check with Threshold.


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