Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Early leaving tenant wants part of their last months rent back...

Options
  • 10-04-2013 6:49pm
    #1
    JohnCleary
    Registered Users Posts: 10,210 ✭✭✭✭


    Had a tenant in on a 6 month fixed term lease. All OK, paid last months rent etc...

    Refunded deposit within a few days. Now she states that she wants 15 days of her rent back as she left 15 days before the end of her lease.

    I am I right in saying that I can tell her under the terms of her fixed term lease she is liable for the 6 months rent regardless if she left the place 15 days or 150 days before the end of lease?


Comments

  • Options
    #2
    the world wonders
    Registered Users Posts: 489 ✭✭the world wonders


    JohnCleary wrote: »
    Now she states that she wants 15 days of her rent back as she left 15 days before the end of her lease.
    Did you get another tenant in to replace her before the 15 days was up?
    I am I right in saying that I can tell her under the terms of her fixed term lease she is liable for the 6 months rent regardless if she left the place 15 days or 150 days before the end of lease?
    She is liable only for lost rent -- once you get another tenant paying at least the same rent, her liability is over.


  • Options
    #3
    hobochris
    Registered Users Posts: 2,164 ✭✭✭hobochris


    AFAIK, if you wanted you could pursue her for the full 6 months rent unless there is a get out in the lease.
    It is a contract she signed after all.


  • Options
    #4
    JohnCleary
    Registered Users Posts: 10,210 ✭✭✭✭JohnCleary


    the world wonders wrote: »
    Did you get another tenant in to replace her before the 15 days was up?
    I don't know what that has to do with it, but no. There were viewings but the new tenant didn't take up tenancy until day after the previous tenants lease expired
    hobochris wrote: »
    AFAIK, if you wanted you could pursue her for the full 6 months rent unless there is a get out in the lease.
    It is a contract she signed after all.
    There was no get-out clause.

    I do have the full 6 months rent, there is no issue on my side financially. My hassle is she is constantly txt'ing me demanding some rent back. She did txt me before this stating that she would be moving out early which I told her I (obviously) had no problem with. She is not Irish so I am guessing not used to fixed term leases and possibly assumes she is only liable for the days she was living there? (despite signing a fixed term contract)


  • Options
    #5
    murphaph
    Registered Users Posts: 19,022 ✭✭✭✭murphaph


    JohnCleary wrote: »
    I don't know what that has to do with it, but no. There were viewings but the new tenant didn't take up tenancy until day after the previous tenants lease expired


    There was no get-out clause.

    I do have the full 6 months rent, there is no issue on my side financially. My hassle is she is constantly txt'ing me demanding some rent back. She did txt me before this stating that she would be moving out early which I told her I (obviously) had no problem with. She is not Irish so I am guessing not used to fixed term leases and possibly assumes she is only liable for the days she was living there? (despite signing a fixed term contract)
    It's her problem. It's your money. She signed a fixed term lease agreement. You had basically no chance to tenant it out with the notice she gave you and it is perfectly reasonable to keep your money. You tried and couldn't get a tenant in any sooner.

    Write to her and tell her that any further texts will be seen as harassment and you'll take further steps.


  • Options
    #6
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,379 CMod ✭✭✭✭Pawwed Rig


    JohnCleary wrote: »
    I don't know what that has to do with it, but no. There were viewings but the new tenant didn't take up tenancy until day after the previous tenants lease expired

    It has alot to do with it. The landlord needs to do everything in his power to mitigate the losses due to the break in the lease. If you advertised the room as soon as you knew the tenat was moving out and did your utmost to find a new tenant in time but failed then you are probably justified in holding the tenant to the terms of the original lease. If you did not do this then you should repay the tenant.
    You should have evidence of the advertising you did.


  • Advertisement
  • Options
    #7
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    Pawwed Rig wrote: »
    It has alot to do with it. The landlord needs to do everything in his power to mitigate the losses due to the break in the lease. If you advertised the room as soon as you knew the tenat was moving out and did your utmost to find a new tenant in time but failed then you are probably justified in holding the tenant to the terms of the original lease. If you did not do this then you should repay the tenant.
    You should have evidence of the advertising you did.

    The LL does not have to do everything in his power. Advertise as normal is perfectly acceptable. No extra special attempts need be made. Costs of advertising can be deducted from the deposit and the rent costs while the place is vacant. The LL doesn't get punished for the tenant breaking the lease.

    It is the tenant that has to try extra hard if they want to get their rent back or not be liable for the remaining term of the lease. They are the one breaking the lease and liable.


  • Options
    #8
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,379 CMod ✭✭✭✭Pawwed Rig


    I would say advertising as normal is doing everything in his power. What else could he do?


  • Options
    #9
    valleyoftheunos
    Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    She signed a fixed term lease for 6 months, she is liable to pay 6 months rent, regardless of how long she stays.


  • Options
    #10
    murphaph
    Registered Users Posts: 19,022 ✭✭✭✭murphaph


    valleyoftheunos wrote: »
    She signed a fixed term lease for 6 months, she is liable to pay 6 months rent, regardless of how long she stays.
    It's not quite that simple.


  • Options
    #11
    valleyoftheunos
    Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    murphaph wrote: »
    It's not quite that simple.

    Please elaborate.


  • Advertisement
  • Options
    #12
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,379 CMod ✭✭✭✭Pawwed Rig


    valleyoftheunos wrote: »
    Please elaborate.

    Read other responses below re landlord obligations etc


  • Options
    #13
    valleyoftheunos
    Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    Pawwed Rig wrote: »
    Read other responses below re landlord obligations etc

    Not entirely sure what you're referring to there but yes a landlord is required to mitigate his losses. That doesn't change the fact that where a tenant enters into a fixed term lease their liability isn't determined by the length of time they are in occupation.


  • Options
    #14
    sea_monkey
    Banned (with Prison Access) Posts: 755 ✭✭✭sea_monkey


    valleyoftheunos wrote: »
    Not entirely sure what you're referring to there but yes a landlord is required to mitigate his losses. That doesn't change the fact that where a tenant enters into a fixed term lease their liability isn't determined by the length of time they are in occupation.

    if notice to leave is given in enough time then it is ok to leave. notice time varies depends on length of lease signed.


  • Options
    #15
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    sea_monkey wrote: »
    if notice to leave is given in enough time then it is ok to leave. notice time varies depends on length of lease signed.
    There is no such thing as a valid Notice of Termination during a fixed term lease except when a landlord is in breach of his obligations and that, only after the landlord is advised of the breach and requested to remedy it. If the landlord fails to remedy the matter, the tenant may then give 28 days notice, irrespective of the length of the fixed term or how long the tenant has been in occupation.

    Where there is an assignment during a fixed term lease, there is still no notice of termination.
    notice time varies depends on length of lease signed.

    No. Notice time varies if the tenant has a Periodic or Part 4 tenancy, whether signed or not. Where a tenant pays rent and a landlord accepts the rent, that is an agreement to rent and both tenant and landlord are subject to, as a minimum the RTA 2004. If there is a verbal agreement as to the length of occupancy by the tenant then that agreement is a fixed term agreement.


  • Options
    #16
    valleyoftheunos
    Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    sea_monkey wrote: »
    if notice to leave is given in enough time then it is ok to leave. notice time varies depends on length of lease signed.

    utterly utterly incorrect.


  • Options
    #17
    MMAGirl
    Registered Users Posts: 484 ✭✭MMAGirl


    Reply to anymore texts that she sends with the number of the PRTB.
    Let her talk to them. Then she can make a more informed decision after that.


  • Options
    #18
    Chris_5339762
    Registered Users Posts: 5,902 ✭✭✭Chris_5339762


    sea_monkey wrote: »
    if notice to leave is given in enough time then it is ok to leave. notice time varies depends on length of lease signed.

    No its not. A fixed term lease cannot be broken in this way (unless there is a specific break clause written in). What you're talking about it a Part 4 lease, which you automatically(ish) enter into once your fixed term lease expires and you choose to stay on.


  • Options
    #19
    edanto
    Registered Users Posts: 2,809 ✭✭✭edanto


    MMAGirl wrote: »
    Reply to anymore texts that she sends with the number of the PRTB.
    Let her talk to them. Then she can make a more informed decision after that.

    This seems like the most effective approach, maybe paired with a letter to the tenant setting out

    - the 6 month lease
    - the search for a new tenant
    - the date the new tenant started paying rent
    - as a result of the above, zero obligation from landlord to tenant
    - to dispute, go to PRTB.
    - no further correspondence entered into.


Advertisement