One of three friends moving out......

marmalade3

Hi there,

I'm a mam who's final year student daughter moved in to an apartment in the city with 2 friends. One of the friends (also a student) wasn't too keen on the apartment, but did see it before she (and her mam who signed as guarantor) signed the lease for 12 months, along with my daughter and the other friend (who is working and paying her own rent). There was some hassle regarding rooms etc but it all seemed to be sorted. However, this friend has now said that she is moving out in approx 6 weeks time.

Question: will my daughter (ie me as her guarantor) and the working friend be stuck with the balance of the rent which will be unpaid when the (un)friend moves out? Or does the (un)friend's mother as guarantor, assume responsibility for the remaining months on the lease?

Kinda convoluted but I just wanted to protect the identities of the girls.

Thanks very much.

Mary-Ellen

If your daughter and her still friend knew someone that could take the other girls room, it might be an easy solution to the problem.
Then the (un) friend could come off the lease and the new person added.

Otherwise the (un) friend might find someone herself, which mightn't suit your daughter and her friend.

If noone else if found to take the room, I'd say the person responsible for the (un) friends rent may depend on if the house is rented room by room or as a whole.

Hope this works out for your daughter, sharing can be a nightmare at times

gdael

Why not all move out. They can go their separate ways. The friends can get another place.

ztoical

gdael wrote: »

Why not all move out. They can go their separate ways. The friends can get another place.

cus they signed a 12 month lease?

MCMT

It depends:

- If you all signed seperate leases for the rooms, the friend that wants to move is liable and will either forfeit her deposit (and may be pursued for the remainder of her rent) or find a replacement.

- If you all signed the same lease, then technically you are all liable.

But there are a few easy soliutions to this:

1. Find a replacement for this betrayer and have the lease signed over into the saviour's name. This should be the responsibility of the girl moving out but obviously you need to screen whoever is moving in.

2. Everyone moves out and finds replacements for the entire place. By re-assigning the lease you are legally entitled to have your deposits returned even if it is a fixed term contract.

3. If the girl insists on moving out, speak with the landlord. S/he will probably be pretty understanding and will want to work something out. Whether this means dropping the rent until they can get a replacement or whatever - as long as you're not dealing with an agency or a tyrant, negotiating a solution that works for everyone is very probable.

Hope this helps. Good luck.

MysticalSoul

The landlord doesn't really care where he/she gets the rent as long as he/she gets it. If one person moves out, the rent would be split between the remaining occupents, however technically (rather than legally) speaking (assuming no replacement can be found), I would go after the person moving out. As she signed the lease, there should be some recourse there.

fifomania

Why is this person an (un) friend or a betrayer?? Can she not change her mind? I know it leaves the other girls in a sticky situation but it sounds like she didn't like the place in the first instance and just went along with it so she wouldn't be stuck, or maybe she thought it would work out and has found somewhere better. they should find someone to cover her side of the rent if possible, see how that goes and after the 12 months are up they can leave.

bangersandmash

fifomania wrote: »

Why is this person an (un) friend or a betrayer?? Can she not change her mind? I know it leaves the other girls in a sticky situation but it sounds like she didn't like the place in the first instance and just went along with it so she wouldn't be stuck, or maybe she thought it would work out and has found somewhere better.

It's not a good idea to agree to sign a 12 month lease if you're unsure about whether you want rent a property.

Finding somebody to cover the rent in the current rental market might not be that easy, depending on where the property is located.

marmalade3

Thanks all, especially MCMT.

They all signed separate leases, and the 2 student's mothers signed as guarantors. I understand that it is the responsibility of the girl moving out to find a replacement, to be agreed with the other two remaining. If she can't/won't find a replacement, then it is up to the landlord to pursue her/her mother for the remaining months' rent. The two remaining girls are not liable for the third girl's rent - is this correct?

This (un)friend has left the other two in the lurch Fifomania - she didn't bother looking properly for accommodation with the other two - she just left it to them to find somewhere. And there was a certain amount of pressure involved in locating somewhere because the (un)friend was starting a job and needed somewhere to stay. She also spent the weekend prior to them moving in, in Paris with her boyfriend, leaving the other two to clean the apartment and sort out ESB transfers etc.

I wonder how she would treat her enemies, if this is how she treats her friends?

MCMT

fifomania wrote: »

Why is this person an (un) friend or a betrayer?? Can she not change her mind?

I used this term ironically. Just as the replacement becomes the "saviour".

I completely agree with what you've said: tenants should be allowed to change their mind once they carry the responsibility of their contract. That's why the RP Act lays out guidelines on breaking a fixed term lease: the contract can be annulled if the tenant can re-assign the lease.

The best course of action here would be to find a replacement. Everyone wins: the tenant can walk away with their deposit, the landlord gets his rent, the remaining tenants don't have to worry about paying any extra.

MCMT

marmalade3 wrote: »

Thanks all, especially MCMT.

They all signed separate leases, and the 2 student's mothers signed as guarantors. I understand that it is the responsibility of the girl moving out to find a replacement, to be agreed with the other two remaining. If she can't/won't find a replacement, then it is up to the landlord to pursue her/her mother for the remaining months' rent. The two remaining girls are not liable for the third girl's rent - is this correct?

If they have signed seperate leases, then the remaining girls are only responsible for the terms of their contract, i.e. the rent they have agreed to pay. The tenant that wants to move out will have to deal with the repercussions of her leaving. At best she can replace herself and walk away; at worst, she could be pursued for the rent in arrears and lose he deposit.

It sounds like a sticky situation. But you should try to stay on good terms with the girl who wants to leave. Get her to find a decent replacement. Once that's all sorted you can wipe your hands of her if you feel she's leaving you in the lurch.

marmalade3

Yes we are treading carefully with this matter. We are friendly with the parents of the girl who is moving out - and the girls have all been friends since school.

My daughter is particularly keen not to lose her friendship, which is great - but at the same time we have taught her not to let anyone walk all over her. It is a tricky situation but we (as guarantors) just want to make sure we are not exposed financially to cover the mover's rent.

It's very expensive as it is keeping a student in college without adding further cost.

Thanks everyone.:D