1yr lease apartment - exit

Hi,
Usually, do 1yr lease agreements have an exit clause for the lessee to end the agreement provided written notice is given in advance, for example 2/3 months?

Tony

No. A 1-year lease runs for 1 year :slight_smile:

Having said that, the landlord can only pursue you for their actual losses and reasonable costs. So realistically as long as the place is decent you should only get stung for 1 month’s void (max) and EA fees (maybe another month).

But according to this:
irishstatutebook.ie/2004/en/ … tml#sec186

It appears you can sublet it, and if the landlord refuses you can serve them the notice described here:
irishstatutebook.ie/2004/en/ … html#sec66

So if one couldn’t sublet it, then they would be liable for the rent for the rest of the a year, would that be the case?
Thanks,
T

I’m not sure about the sublet – the more common way to exit is to EITHER
1 - give the landlord plenty of notice, in which he has to minimise his loss by actively seeking a tenant. If the new market rent he gets is lower, he can in theory demand the difference from you (as well as void and reasonable fees).
2 - Find a replacement tenant yourself (presumably at the same rent); as long as the replacement is reasonably acceptable the landlord should take them instead of you and you’re only responsible for the void, if any.

In practice I understand that tenants usually get away with giving notice and leaving. You might loose your deposit of course.

The key thing you have to factor in is how desirable the property is at the current rent. If the landlord is going to be able to re-let at the same (or higher) money the process will be a lot easier than if it’s likely to be empty for 3 months.

Also, if there is an agent involved it becomes a lot more complicates as you have to factor in their contract with the landlord.

Note I am not in the letting business so other pinsters may have more info.

Ok thanks for the replies…
T

This is something to think about before signing a lease, and if you do a good job you can get a result. Lot of good info, and real stories, in this thread: viewtopic.php?f=10&t=45713&p=623315&hilit=lease+break+landlord#p623315

I link the place where Orlagh1 has secured a lease with the break-clause desired. I listed some of my own past experiences with this process earlier in the thread.

Some of same principles hold when looking at doing this during a lease (although your position is of course weaker):

  • look at it from landlord’s point of view
  • try to minimise disruption/hassle/cost to landlord
  • focus on what is most important to you and be prepared to let other stuff go by the wayside.
    It’s the usual negotiation advice: negotiate based on interests (“I want to move into new accommodation” vs “I want a good paying tenant”), not positions (“I want to leave” vs “I want you to stay”). The former can often be reconciled via compromise, the latter generally cannot.