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Tenants breaking lease

  • 07-03-2014 1:13pm
    #1
    mchughs
    Registered Users Posts: 10 ✭


    Hi there,

    So I have a tenant who signed an 18 month lease 4 months ago and then she emailed me a few weeks ago saying she is moving abroad. This is a real pain but not much I can do. She did find a replacement who we weren't happy with so I will try to find another tenant myself. Because she found a tenant we are obliged to let her go without too much trouble.

    The thing is this -In the contract she signed it states she has to pay rent per calendar month. I would expect that if she leaves say on the 10th of March then she would not be due any money back for the 21 days left in the month (apart from her deposit assuming nothing is broken).

    Can somebody tell me am I wrong to assume this from a legal standpoint?

    Thanks
    Tagged:


Comments

  • #2
    djimi
    Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    You can only keep money to make up for lost rent, ie if she moves out in the middle of a month and you have a tenant ready to move in that day then you are not out of pocket for any rent and therefore would not be entitled to keep any further money.


  • #3
    mchughs
    Registered Users Posts: 10 ✭mchughs


    Ok - so based on what you are saying it doesn't matter that the contract states "per calendar month"? So she'd be more or less due back two thirds of her rent from me for March.


  • #4
    D3PO
    Registered Users, Registered Users 2 Posts: 7,879 ✭✭✭D3PO


    correct.


  • #5
    cruizer101
    Registered Users, Registered Users 2 Posts: 3,205 ✭✭✭cruizer101


    That assumes you have someone to move in straight away, depending where the property is given the short time frame that may not be the case. In which case she owes rent until you find a new tenant, however you can't just let it sit and take her rent while you wait for a tenant to fall into your lap you have to be actively trying.

    My understanding is you are also able to retain money which is an expense of having to get a new tenant, e.g. fee to list on daft. I'm sure someone else can be more precise about it but it is something you can look into anyway


  • #6
    D3PO
    Registered Users, Registered Users 2 Posts: 7,879 ✭✭✭D3PO


    cruizer101 wrote: »
    That assumes you have someone to move in straight away, depending where the property is given the short time frame that may not be the case. In which case she owes rent until you find a new tenant,

    afraid not. The tenant found somebody who the OP rejected. So thats not relevent in this case.


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  • #7
    mchughs
    Registered Users Posts: 10 ✭mchughs


    Thanks for the responses folks


  • #8
    murphaph
    Registered Users, Registered Users 2 Posts: 19,028 ✭✭✭✭murphaph


    D3PO wrote: »
    afraid not. The tenant found somebody who the OP rejected. So thats not relevent in this case.
    The suggested replacement can't be just anyone. They have to be similar to the tenant breaking the lease. The tenant leaving couldn't offer an unemployed tenant as a suitable replacement for a professional, for example. It's very subjective stuff I'll grant you.


  • #9
    cruizer101
    Registered Users, Registered Users 2 Posts: 3,205 ✭✭✭cruizer101


    D3PO wrote: »
    afraid not. The tenant found somebody who the OP rejected. So thats not relevent in this case.

    Won't disagree cause I don't honestly know but surely the LL has to have some say in it.

    I'd a quick look but all I can see is if the landlord refuses to accept assignment it is grounds for breaking the lease. In this case landlord isn't refusing is just refusing the particular tenant. Can you point to any legislation that clarifies it.


  • #10
    D3PO
    Registered Users, Registered Users 2 Posts: 7,879 ✭✭✭D3PO


    cruizer101 wrote: »
    Won't disagree cause I don't honestly know but surely the LL has to have some say in it.

    I'd a quick look but all I can see is if the landlord refuses to accept assignment it is grounds for breaking the lease. In this case landlord isn't refusing is just refusing the particular tenant. Can you point to any legislation that clarifies it.


    As Murphaph has said its subjective unfortunatly and open to interpretation.

    There is no 100% clarification but we have to apply logic to things and based on the PRTB's record of favouring tenants in the case of unclear disputes its fair to assume that their interpretation would be similar to what Im suggesting.


  • #11
    marathonic
    Registered Users, Registered Users 2 Posts: 1,676 ✭✭✭marathonic


    murphaph wrote: »
    The suggested replacement can't be just anyone. They have to be similar to the tenant breaking the lease. The tenant leaving couldn't offer an unemployed tenant as a suitable replacement for a professional, for example. It's very subjective stuff I'll grant you.

    This makes sense. Otherwise, any tenant wanting to break a lease could just say they've found a replacement and send half a dozen dodgy looking, hoody wearing, 17 year olds to the property to view it.... :eek:


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