Landlord Selling Property

January

Hi all, quick question.

Our landlord has put our apartment on the market and wants a quick sale (I know in the current market it's probably not going to happen). Our lease is up the end of September, the apartment will probably not be sold by then.

The apartment is in good condition, just a few things need to be fixed before we move out. My partner was speaking to the landlord the other day and by the way he was saying he wants a quick sale we kind of got the impression that he wants us to move out early so he can repaint the place and just spruce it up a bit (crayon on doors and walls not from us, from his child because he lived here before us).

Thing is, I don't think he wants to mention us moving out because he'd feel like he'd be forcing us out. Would it be reasonable to ask him out straight if he wants us to move out while he's waiting on a sale? Or would that be overstepping the mark?

If he does end up asking us to move out early what are our rights? It says nothing in our contract about breaking or leaving early and if we moved out the end of this month, would we have to pay rent for August to him? Because we could not afford to pay the rent on this place and on a new apartment also!

Thanks

whizzbang

Its your apartment, he can't force you to move out until your lease is up. I believe he may have the right to show the apartment for the last month but needs to give you plenty of warning before he brings someone around.

If he wants to pay you the last few months rent to leave then you can, otherwise stay put until your lease is up.

dannysuir

hi,

my understanding of the whole things that if he wants you to leave before the end of the contract he has to give u a written notice quoting the section from the residential tenancies Act (ie sell the property) so if ur there more than 6 months i think its 35 days notice.

if you want to leave before the end u have to ask him can u assign or sublet the lease and if he refuses u then give him 35days but because he refused u should still get ur deposit back.

your prob better off to ask him what he wants and if he asks u to leave and ur worried about ur deposit, take pictures of the condition of the house now before you leave so if he hold ur deposit for damages over and above reasonable wear and tear then you have proof of the condition !!

at any rate the contract is up in september so u have to signal if you want to stay on the current terms of the contract but that doesn't mean u have to sign another year lease it can be a month to month basis. whst is clear is that he has to give u written notice with the proper time limits if he doesn't you can take a case to the PRTB which takes around 9 months.

just talk to him, he's likely to be flexable and if he wants a quick sale he should hassle u because tenants have more rights than landlords..

good luck

whizzbang

dannysuir, I believe that those rules only apply if it is a part 4 tennancy, ie one without a written lease. If they have a written lease for a year then there is nothing the landlord can do to force them to leave unless their rent is in arrears or they are breaching their tenancy obligations. Seeh here:
http://www.threshold.ie/page.asp?menu=70&page=240

Threshold should eb able to help you if you have any more questions adrieanne

dannysuir

no i agree but since the private residential tennices Act 2004, it is commom place for landlord to enter into the contract provisions to break the lease. i know i do.

as a lease cannot be contary to the provisons of the Act, a standard contract willl include the same provisions for termination of a tenancy as contained under sec 30 of the act, the landlord may break the lease if he decides to sell the house if it is a term of the lease. the content of the lease is the most important factor here so id consult that first

whizzbang

fair enough, original poster said there was no break clause though.

January

There is definetly no break clause in the lease! So what I want to know now is can I give notice to move out? Without losing my deposit

whizzbang

Do you want to move out? If you want to stay you can stay to the end of the lease as there is no break clause. If you want to leave I
sure the land lord would be happy to say good bye to you at the end of thus month and give you your deposit back as it allows home to get on with preparing for the sale.

If you want to leave just talk to him and work out a deal. If he demands rent for august then just stay until the end of the lease.

dannysuir

ya what he said...no point in u trying to break the lease, its not worth the effort. get ur deposit back the day u leave,ask him to come over with the deposit and for him to check the house is fine if all good leave with the deposit