Your Lease
We've tried to address some of the frequently asked questions surroudning leases. Whether its your first time renting or even if you've been doing for years, there are still some questions that will stump the most experienced renter.
It is important to know is that there is help and support available if you get into difficulty with any aspect of renting and while it might be tempting to put these things on the long finger and try and forget about any issues you are having the best course of action is to get help as soon as possible!
This is important, so we'll say it again - because no two cases are ever exactly the please don't be afraid to get advice as soon as an issue arises, the sooner we know about the issue, the easier it is to resolve!
This information is provided for information only and is not a substitute for legal advice.
You can contact the us or the national housing association, Threshold (www.threshold.ie).
Signing the Lease
This is a written contract between the tenant and landlord which binds the tenant to live in a property for a specific amount of time. The lease must comply with the Residential Tenancies Act, 2004. Be sure to read through the lease before you sign. Take your time and make sure you understand everything, don't be afraid to ask your landlord any questions or queries you have regarding your lease.
Breaking the Lease
If you want to leave before the end of the lease (and there is no break clause), you need to do two things:
Find someone else to replace the existing tenant in the lease;
Write to the landlord, requesting permission to assign the lease to this new person.
If the landlord refuses consent, the tenant can give the landlord notice of termination and leave. The notice period is calculated by how long the tenant has lived there.
| Less than 6 months |
28 days |
| 6 or more months but less than 1 year |
35 days |
| 1 year or more but less than 2 years |
42 days |
| 2 or more years |
56 days |
If you want to end your tenancy and move out of your property, you must give the landlord notice in writing. A phone call, text message or even an email will not do. Even if the landlord is agreeable to a tenant's oral notice to leave, the national housing association, Threshold recommends that all tenants follows up the oral notice with formal written one.
A tenant who does not serve the landlord with formal written notice endangers their deposit.
If a written lease is in place, the tenant could also be held liable for the remainder of the rent owed for the rest of the lease period.
A tenant can give 28 days notice at any time if the landlord is in breach of his or her obligations under the Residential Tenancies Act or the tenancy agreement. If a tenant wishes to avail of the shorter period, the tenant must notify the landlord in writing of the breach and to give the landlord a reasonable opportunity to rectify the position.
Getting your Deposit Back
If a lease has run its natural course, you are entitled to get your deposit back. The landlord can only retain the deposit if there are rent arrears or damage to the property beyond normal wear and tear.
