What Can A Landlord Do When Tenant Violates Lease - But Is Paying Rent On Time?

UCDVet

Leases all seem to cover the amount of rent due, and the length of the lease - but most also have additional rules for the property. Some have additional rules like, No loud music, no pets, no painting the walls, etc, etc....

My question is, what can a landlord do if their tenants are openly breaking some of those additional rules; but still paying rent on time?

For example - the lease says, 'No painting the walls/No pets' and I come along, rent the place, and on day #1 I paint the walls purple and get a dog. What consequences would I face?

A coworker was informed me that the landlord could legally confiscate the deposit, but nothing else! I find that incredibly hard to believe, surely a landlord could evict someone in this situation, could they not?

hfallada

OP paying rent on time is a given and not a maybe like some people think in Ireland. With loud music after 11 you get a verbal warning, if it happens again a written notice and the third time is a notice to quit. I cant understand why anyone would want to paint walls if they didnt like the colour. Just rent a place that suits your taste. Also LL dont like animals due to more wear and tear. Plus my parents brought a house where the owner had a ton of cats.When the central heating went in( a house in Dublin CC still didnt have central heating in 2000 out of choice), about 15 years of fleas hatched in the carpet and the house was infested with fleas. It was so much effort getting the fleas killed.

When you have a situation where there is such a demand for housing. Why deal with BS tenants, when you can have someone who is trouble free just as easily.

djimi

Assuming the conditions of the lease are legal, you will be given a warning first (unless its a very serious breach) and then you will be evicted. Part/all of the deposit can be retained if required to sort whatever issues may have arose from the breach (ie if the landlord is required to repaint the property after the tenant painted every wall black!).

the world wonders

UCDVet wrote: »

For example - the lease says, 'No painting the walls/No pets' and I come along, rent the place, and on day #1 I paint the walls purple and get a dog. What consequences would I face?

Grounds for termination

1. The tenant has failed to comply with any of his or her obligations in relation to the tenancy (whether arising under this Act or otherwise) and, unless the failure provides an excepted basis for termination—

(a) the tenant has been notified of the failure by the landlord and that notification states that the landlord is entitled to terminate the tenancy if the failure is not remedied within a reasonable time specified in that notification, and

(b) the tenant does not remedy the failure within that specified time.
...
(2) In paragraph 1 of the Table “remedy the failure” means—


(a) in the case of a failure that does not result in financial loss or damage to the landlord or his or her property, to desist from the conduct that constitutes the failure or, if the failure consists of an omission to comply with an obligation, comply with that obligation, and


(b) in the case of a failure that does result in financial loss or damage to the landlord or his or her property—


(i) to pay adequate compensation to the landlord (or, if the failure consists of the non-payment of rent, pay the arrears of rent) or repair the damage fully, and


(ii) unless the failure is not of a continuing nature, to desist from the conduct that constitutes the failure or comply with the obligation concerned, as the case may be.


(3) In paragraph 1 of the Table the reference to a failure that provides an excepted basis for termination is a reference to a failure to comply with section 16 (h) where the behaviour in question falls within paragraph (a) or (b) of the definition of “behave in a way that is anti-social” in section 17 (1).

So yes you can be kicked out for keeping dogs and painting the walls fluorescent purple, but first you must be given a warning and a reasonable chance to restore things to their original condition

SHOVELLER

I live in an apartment complex under a couple who have a dog. This is in direct violation of the rules of the complex which clearly state no pets.

I informed the management company in August who said they would contact the owner. Nothing happened. I finally got in touch with the owner who apologised profusely and said he has asked HIS tenants numerous times to get rid of the dog with no success.

At this stage I dont think there is anything else to do.

So in a typically Irish situation the rules are ignored. BTW the tenants are not Irish.

djimi

If the management company dont care and the landlord doesnt care then there isnt much that you can do unforunately. Dogs are also banned from our complex but it doesnt stop every second apartment seemingly having one. Most you hear from the management company is occasional letters asking people to stop their dogs from crapping in the car park...