if i break my lease in ROI , what do i owe my Landlord

long story short as i can get it :

i live in ROI and i signed a lease in may for 12 months with a 6 month break clause. i am, by that contract 'allowed' to leave at the end of oct with no penalties and get my 1 mnth damage deposit (500 euro) back.

i was in between jobs for awhile and really fell behind in my rent. my landlord was nice about it and now that im working again im paying him back

he has become a little pushy though, asking me for more money 4 days after i gave him 200 euro, when he knows i make tips over the weekend and cant pay him until the weekend is over.

also, last week i left 200euro for him on the counter in my flat and afetr he went to pick it up, he called me saying there was onlhy 150. well i counted how much money i had and knew that after paying my elec. bill and then leaving 200 for him, id have 70 left over for the rest of the week (yes, i seriously only that amount of money)

when he told me i shorted him 50 euro i got upset but couldnt prove anything (i used to leave the rent for him in my flat cos my work schedule never had me home in the daytime when he was around etc)

from now on i ll only give the money to him face to face but that doesnt change what happened last week.

i want to move out at the end of sept. but i would be breaking my lease by one month.

i owe him 600euro in unpaid rent as is. the way i see it, i owe him the 600 and will have to let him keep my 500 damage deposit if i move.

BUT my coworker and two irish friends say i could easily just leave, let him have the 500 DD and just pay him the extra 100, making 600 total without paying him extra since it's only by one month that im breaking it. i dont see it that way but also if i could not pay the 600 and lose the 500, i would rather do that seeing as how im totally broke.

i would like to say also that i was managing a restaurant and the owner went bankrupt, giving us one day's notice before we were jobless. so yes while that isn't my LL's problem, i dont wanna sound like an irresponsible jerk.

The EUR200 v EUR150 is IMO irrelevant. It is however a lesson to be learned. Receipt, cheque or direct debit in circumstances like that.

He has been very considerate in letting you get behind in rent and make it up. That would suggest that you should treat him fairly.

I suspect you are going to break the lease simply because financially you feel you have no choice and are just looking for words here to make yourself feel better about doing it.

I would approach the LL and ask if you can break the lease early. He seems a decent person and may be willing to allow this. If you break the lease you won't have any reference for any future lease you go in search of.

not his problem - yours. You signed a grown up contract and need to behave like a grown up. He probably has a grownup mortgage to pay. Lesson for next time; have enough savings to meet committments.

that said - see if you can find someone else to take over your place. That way no-one loses out and your conscience is clear.

Legally speaking you should try to find someone to take your place and have the landlord sign over the lease to the new person.

If you just walk away, there are few consequences other than just losing the security deposit - that, and the bad karma.

Look up the forums on daft.ie for people in situations similar to yours.

The first assumption is that the landlord has no reason to have a legitimate claim under the damage deposit. The contract will of course be one under Irish law and I can only comment from an English law perspective. However my general advice is that the matter is dealt with as a negotiated settlement between the two parties evidenced in writing clearly stating that the final payment has freely been agreed in full and final payment of the contract.

Under certain jurisdictions deposits may only be used for a specific purpose such as damage to the property and only be used for that specific purpose. You may need to check the position under Irish law.

Also you may in future require a landlord's reference and better to have left on mutually agreed terms.

R

OP. may I add to #4's (rodway's) info? Do not presume that the LL will not find some fault within the property which will diminish the damage deposit (500 euro). Here in England a girlfriend of mine expected the full amount back but received less than half of it. When you initially rented did you inspect the property and list any scuffs, scrapes, etc. and highlight them to the LL?

as far as references go, that's not an issue. i got two apartments here without references and can do it again. as far as my next landlord will know, i arrived in this country last week - so that's not a concern of mine.

this place was also a shithole when i moved in and i had to spend 3 days scrubbing it so i doubt he can find fault and think i owe him more than the DD.

thanks #4 for your helpful answer

In my English experience of renting - if you leave before the end of the contract, providing another tenant is found to take on the lease from the day you leave, you should not be penalised at all - but if you don't, you will be liable for the month's rent you owe. Whether you get your bond back, depends (as has been said) if there is any damage caused.....

Your LL sounds a decent enough chap to make allowances over late rents - most wouldn't. I'd talk to him about the situation and see what he says.

Please set up DD next time - cash is too dangerous..... Good luck!

It's all covered by the tenancies acts - look up the PRTB.ie website or Threshold.

The only way to break a fixed-term lease in Ireland is to find another tenant to take on the lease. If you find such a person, and the Landlord refuses to allow you to sign over the lease, you may give notice as per your lease terms (usually 30 days).

AFAIK the Landlord isn't actually entitled to keep your deposit except to cover damages, outstanding bills, etc.

BUT the Landlord is entitled to be paid any rent that is due as it falls due - i.e. he can sue you every month for that month's rent. The Landlord is obliged to let the property as quickly as possible and at that stage, you are no longer required to pay rent (the Landlord can't collect 2 rents from the one property).

In real life, that just means that the landlord keeps the deposit and you go on your way. You don't sue the landlord for the deposit, and he/she won't sue you every month for the rent as it falls due.

In your situation, you actually owe more in rent than is covered by the deposit - plus your share of the bills (electricity, for example, is billed every two months) AND assuming that there are no legitimate costs to come out of your deposit.

So what you're asking for is us to help you justify skipping out on your bills and leaving someone else out of pocket?