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Terminating a Contracted Lease

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  • 12-11-2010 8:07pm
    #1
    theredletter
    Registered Users Posts: 301 ✭✭


    Hey guys,

    I signed a contract last month for an apartment in Dublin. The contract is for a year. Due to work commitments I have to move to Kildare. The house is shared with two others and the lease was signed only under my name. The other two don't know about my having to leave yet, which is worrying me because I want to see if I can terminate the contract so they can both get their deposits back.

    Any idea what I should do?

    Thanks.


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    #2
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Try and get someone else to take over your place in the apartment.


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    #3
    theredletter
    Registered Users Posts: 301 ✭✭theredletter


    Jo King wrote: »
    Try and get someone else to take over your place in the apartment.

    But is that my responsibility? I'm the only signature on the lease first of all, and I don't know how I'd feel handing over all responsibility to the other two in case something was to happen. I think I'd ask the landlord to terminate the lease and put it under one of their names and let them find a third housemate. I know it's awful, and I know I'm being mean here, but I honestly don't have the time to be running around looking for a housemate for them. One of them works 7 hours a week.. so she might be able to find someone.


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    #4
    mathepac
    Banned (with Prison Access) Posts: 4,991 ✭✭✭mathepac


    theredletter wrote: »
    But is that my responsibility? ...
    Yes and this is why
    theredletter wrote: »
    ... I'm the only signature on the lease. ...


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    #5
    theredletter
    Registered Users Posts: 301 ✭✭theredletter


    mathepac wrote: »
    Yes and this is why

    I understand that. What I'm saying here is that I'd prefer to terminate the lease, giving the landlord appropriate notice, and then if the two others want to remain in the apartment they will have to find a third themselves. If something was to happen to the apartment while I was in Kildare and my name was on the lease things would get very messy. I'd prefer to get out of the lease and completely let the other pair start a new one. I've a right to do that, no?


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    #6
    silja
    Registered Users Posts: 2,921 ✭✭✭silja


    The "appropriate notice" is one year, unless you find a follow-on tenant toi take over your lease. By all means, speak to the landlord and the two other tenants, they MIGHT let you out of the lease (or have one of the other two tenants act as "follow on" tenant and take over the lease), but are under no obligation to do so. The LL could persue you for the whole year's rent if he chooses, and in the current climate, he might!


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    #7
    theredletter
    Registered Users Posts: 301 ✭✭theredletter


    How come I found this on an accomodation website?

    A tenant surrendering a tenancy must serve their landlord with the relevant notice period.

    Notice Period Duration of Tenancy
    28 days Less than 6 months
    35 days 6 months or more but less than 1 year
    42 days 1 year or more but less than 2 years
    56 days 2 years or more but less than 3 years
    84 days 3 years or more but less than 4 years
    112 days 4 or more years


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    #8
    Pat Mustard
    Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    I think you should do the following:

    1. Speak to the other two and tell them your problem. Ask them if they'll take over the lease because you have to leave. They may very well want to arrange for another person to come in to the apartment to share the cost of the total rent. That might take some time.

    2. After you have spoken to the other two, I think that you should contact your landlord and tell him that due to unforeseen circumstances, that your job will require you to leave Dublin. Therefore, you need him to release you from obligations in the lease, and you will need your deposit back. However, you are mindful of his situation and you can confirm that the other two in the apartment will sign a lease and give a deposit, etc (assuming that you have confirmed this to be the case.)

    If the landlord agrees, you will be in the clear.

    If the landlord does not agree, then he is being a little bit unreasonable to you. Does your landlord have your forwarding address or contact details?


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    #9
    theredletter
    Registered Users Posts: 301 ✭✭theredletter


    I'm pretty sure he has my home address and my work address. He is a pretty nice guy and I don't see him being unreasonable. I mean it's either moving to Kildare or commuting four-five hours a day. My job has confirmed that I will need to start in early to mid January. I don't want to move to Kildare, and would much prefer to stay where I am. How and ever.. I will discuss it with the other two first and then figure it out from there on. I have a feeling that the other two would prefer to live separately when I do move out.. Which means we will have to figure out a way to completely surrender the tenancy as well (if it comes to that).


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    #10
    Victor
    Registered Users Posts: 78,290 ✭✭✭✭Victor


    theredletter wrote: »
    How come I found this on an accomodation website?

    A tenant surrendering a tenancy must serve their landlord with the relevant notice period.

    Notice Period Duration of Tenancy
    28 days Less than 6 months
    35 days 6 months or more but less than 1 year
    42 days 1 year or more but less than 2 years
    56 days 2 years or more but less than 3 years
    84 days 3 years or more but less than 4 years
    112 days 4 or more years

    Thats the notice a landlord must give the tenant. In any case, it doesn't apply in this case as a fixed term (1 year) lease was signed.

    http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html
    Tenants can terminate a tenancy without giving a reason but must give notice.
    Length of tenancy Notice by tenant
    Less than 6 months 4 weeks (28 days)
    6 months to 1 year 5 weeks (35 days)
    1 – 2 years 6 weeks (42 days)
    2 or more years 8 weeks (56 days)


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    #11
    theredletter
    Registered Users Posts: 301 ✭✭theredletter


    I don't understand, Victor. Are you saying then that it's 5 weeks (according to citizens' information) or are you saying it doesn't apply at all to me?

    Hmm... this is confusing.


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    #12
    silja
    Registered Users Posts: 2,921 ✭✭✭silja


    It doesn't apply to you, because you signed a fixed term lease. If it was a part 4 tenancy, then your quote would apply.


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    #13
    theredletter
    Registered Users Posts: 301 ✭✭theredletter


    Guess I've no options really than sub-letting. I'll discuss it with both LL and the other two and figure out something.

    I'll get back to ye and thanks!


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    #14
    djimi
    Registered Users Posts: 13,238 ✭✭✭✭djimi


    Where abouts in Dublin do you live and where in Kildare are you working? Its might not be that bad of a commute...


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    #15
    theredletter
    Registered Users Posts: 301 ✭✭theredletter


    I've looked into options regarding commuting and as I said 4-5 hours of a commute a day... I don't drive and can't due to other circumstances (medical). Public transport is dreadful in this country (obviously)


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