What you need to know before you sign a lease
There is no legal requirement for a landlord to provide you with a lease (otherwise known as a contract or fixed term agreement); neither is there an obligation on you to sign a lease if you do not wish to do so. It is important to note that you will have legal rights under the Residential Tenancies Acts 2004-2021.
If you sign a lease, it cannot take away from your rights under the Equal Status Acts 2004-2015 and the terms of the tenancy cannot be changed during the lease period unless both you and your landlord agree to this at the time.
If you are offered a lease, you should read it carefully and get a second opinion before signing. A lease is legally binding and usually for a fixed period of time – often one year. Once you sign a lease there is no ‘cooling off period’ and it is important to know that normally notice cannot be given during the lease by either the landlord or you unless:
- There is a break clause
- The other party is in breach
- Both you and the landlord agree at the time to end the lease.
You can make a request to assign or sublet the tenancy to another person. If your landlord agrees you will have to agree with the landlord the arrangements for replacing yourself. If your landlord refuses, the Residential Tenancies Act have a provision that allows you to give written notice of termination for refusal of right of assign/sublet, even if you have a lease.
Should you break the lease with no grounds or do not give proper notice, you risk losing your deposit. The landlord may also seek to cover costs incurred such as lost rent and re advertising, re-letting costs. These costs could be significant. Please contact a Threshold Advisor if you are considering terminating a fixed term lease.
If you are coming to the end of the lease and wish to remain, under the Part 4 rights you have acquired, you should notify your landlord in writing between one and three months before the end of the lease of your intention to remain.
If you wish to leave following the expiry of your lease, then you should give the appropriate period of notice in writing in accordance with the Residential Tenancies Act. (link to Doc 12, How can I end my tenancy?)
Once the lease expires there is no obligation to sign a new lease and you cannot be asked to leave just because you do not sign a new lease. If your tenancy is over six months duration it can only be ended on one of the grounds set out in the Residential Tenancies Acts 2004 and 2015.