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House Problem - Breaking Lease

  • 23-11-2015 11:43am
    #1
    Aragneer
    Closed Accounts Posts: 747 ✭✭✭


    Hey,

    So here is the situation:

    I don't feel safe or comfortable around my housemates any more and I haven't for three months. We are all postgraduate students with busy schedules and a lot of things have been slowly building up. The main issues are not mentioned here as I don't feel comfortable discussing them online but some little issues are cleanliness, using my private bathroom and with noise from 7pm-11pm. I like to sit and eat my dinner and have a chat in the living room at these times but lately there have been complaints that I do this, even though it is at no way an indecent time.
    Anyway...rant over.

    Basically, I do not want to live here any more. Call me what you want, it's my health and happiness that I have to look out for.

    I am willing to lose my 270 euro lease and even find someone to take my room but how do I go about this?

    I have never met my landlord, we dealt with a letting agent through the whole renting process and I have only spoken to my landlord twice on the phone about a shower issue.

    Do I contact the letting agent and see if he can arrange a meeting for me? Or do I need to give notice and move out then?
    On our lease, the notice is 6 weeks..and I don't want to live here in the next month!


Comments

  • #2
    Michael D Not Higgins
    Moderators, Society & Culture Moderators Posts: 7,223 Mod ✭✭✭✭Michael D Not Higgins


    Advertise for a roommate to replace you and let landlord or agent know you're leaving with someone taking over. You should have your deposit returned when another tenant replaces you.

    Otherwise, if you're willing to lose your deposit, just move out.


  • #3
    Aragneer
    Closed Accounts Posts: 747 ✭✭✭Aragneer


    Michael D Not Higgins wrote: »
    Advertise for a roommate to replace you and let landlord or agent know you're leaving with someone taking over. You should have your deposit returned when another tenant replaces you.

    Otherwise, if you're willing to lose your deposit, just move out.

    What happens with my name on the lease in this case??
    I'm worried that I'll be held liable for them not paying rent if I just move out.

    And if the landlord or agent refuses to let me get someone to take over from me, can I still just move out then?

    Thanks btw :)


  • #4
    Michael D Not Higgins
    Moderators, Society & Culture Moderators Posts: 7,223 Mod ✭✭✭✭Michael D Not Higgins


    Aragneer wrote: »
    What happens with my name on the lease in this case??
    I'm worried that I'll be held liable for them not paying rent if I just move out.

    And if the landlord or agent refuses to let me get someone to take over from me, can I still just move out then?

    Thanks btw :)

    If the landlord refuses to let you assign the lease, then you are allowed to move out without penalty.

    An assignment takes place where the landlord will alter the lease to show the new tenant taking the place of you, while removing any obligations of the lease from you. Some people also sublet where they collect the rent for the landlord and send it on, in a head tenant situation.

    In the case where you just move out, all parties who have signed the lease (assuming you're not the only person to sign it) are jointly and severally liable. This means your (former) roommates would be obliged to pay the rent with or without you. It's likely uneconomical for them to chase you legally for your share of the rent, especially if they can replace you quickly.

    Obviously the best course of action is to find a replacement. This prevents anything coming back to you in the future.


  • #5
    Aragneer
    Closed Accounts Posts: 747 ✭✭✭Aragneer


    Michael D Not Higgins wrote: »
    If the landlord refuses to let you assign the lease, then you are allowed to move out without penalty.

    An assignment takes place where the landlord will alter the lease to show the new tenant taking the place of you, while removing any obligations of the lease from you. Some people also sublet where they collect the rent for the landlord and send it on, in a head tenant situation.

    In the case where you just move out, all parties who have signed the lease (assuming you're not the only person to sign it) are jointly and severally liable. This means your (former) roommates would be obliged to pay the rent with or without you. It's likely uneconomical for them to chase you legally for your share of the rent, especially if they can replace you quickly.

    Obviously the best course of action is to find a replacement. This prevents anything coming back to you in the future.

    Alright, that is great! Thanks so much for your help.

    So my next step is to find out from the landlord if I can assign someone and give in my notice and then work out from there.

    Thanks again.


  • #6
    Butters1979
    Registered Users Posts: 1,164 ✭✭✭Butters1979


    If you are willing to lose your deposit there is not much your landlord could really do if you just moved out. However as your dispute is with the other tenants and not the landlord I would advice letting the landlord know your are leaving and why, and if you can find a new tenant to take your place it will be no problem for anyone involved.

    I would question if you don't feel safe in the house will the new tenant be in the same situation or is what happened something that is unlikely to happen again with a new tenant. If there are issues would you feel ok getting someone else into the same situation?


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  • #7
    Aragneer
    Closed Accounts Posts: 747 ✭✭✭Aragneer


    Butters1979 wrote: »
    If you are willing to lose your deposit there is not much your landlord could really do if you just moved out. However as your dispute is with the other tenants and not the landlord I would advice letting the landlord know your are leaving and why, and if you can find a new tenant to take your place it will be no problem for anyone involved.

    I would question if you don't feel safe in the house will the new tenant be in the same situation or is what happened something that is unlikely to happen again with a new tenant. If there are issues would you feel ok getting someone else into the same situation?

    I have already thought about the ethics of moving somebody else in. I know these people personally and believe that it is based upon that, rather than just living situation anyway. I never let myself be heard in this house and I feel that that has led to some bullying and other things.
    I do believe that a new tenant would be safe and alright in this house as I feel this more concerns the personal level that this shared tenancy is based on.


  • #8
    Butters1979
    Registered Users Posts: 1,164 ✭✭✭Butters1979


    Ok good, well then just tell the landlord you are leaving and offer to help get someone in. If you can get someone else in you should get your deposit and everyone should be happy with the solution


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