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New 12 month Lease on Apartment

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  • 20-02-2015 4:47pm
    #1
    Cona
    Closed Accounts Posts: 591 ✭✭✭


    Hi Folks
    looking for some advice here. I am living in an apartment for the last 2 years. Every 12 months the landlord sends us a new lease along with a smal rent increase. Our current lease is up at the end of March and the landlord wants us to sign a new 12 month lease and increased rent payments.

    I am not too worried about the increased rent as I expected that. However I do not want to sign another 12 month lease as we may be moving out in 4-6 months. Is there anything I can do to get out of signing a 12 month lease and what will the repercussions of this be?

    Thanks


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    #2
    Nino Brown
    Closed Accounts Posts: 1,507 ✭✭✭Nino Brown


    Just don't sign the lease, there's nothing he can do, you have part 4 protection.

    If they are increasing rent anyway, signing a new lease gives you no extra legal protection, so it's not in your interest to sign it.


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    #3
    ted1
    Registered Users Posts: 23,536 ✭✭✭✭ted1


    Cona wrote: »
    Hi Folks
    looking for some advice here. I am living in an apartment for the last 2 years. Every 12 months the landlord sends us a new lease along with a smal rent increase. Our current lease is up at the end of March and the landlord wants us to sign a new 12 month lease and increased rent payments.

    I am not too worried about the increased rent as I expected that. However I do not want to sign another 12 month lease as we may be moving out in 4-6 months. Is there anything I can do to get out of signing a 12 month lease and what will the repercussions of this be?

    Thanks
    You don't need another kease but you do need to give 56 days notice as your there 2+ years


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    #4
    Cona
    Closed Accounts Posts: 591 ✭✭✭Cona


    Ok thanks for the replies.
    One important question - If we stay on as part 4, do we pay the new Rent rates (that were proposed in the lease) or the existing rate that we are paying?


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    #5
    Cona
    Closed Accounts Posts: 591 ✭✭✭Cona


    One important question - If we stay on as part 4, do we pay the new Rent rates (that were proposed in the lease) or the existing rate that we are paying?

    Ok, done some research and can see that we will have to agree to the new Rent increase if we want to stay as part 4 tenants.

    One more question, Once we do decide to leave, we have to give 56 days notice. Will we then be entitled to our full deposit back?


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    #6
    Eldarion
    Registered Users Posts: 484 ✭✭Eldarion


    Cona wrote: »
    Ok, done some research and can see that we will have to agree to the new Rent increase if we want to stay as part 4 tenants.

    One more question, Once we do decide to leave, we have to give 56 days notice. Will we then be entitled to our full deposit back?

    Yes except the Landlord may retain any amount required to return the property the state it was originally rented out at. This does not include wear and tear however and he has to provide receipt for all work and replacements carried out.


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    #7
    Cona
    Closed Accounts Posts: 591 ✭✭✭Cona


    Many thanks for the replies. Yes I would be aware of the LL keeping deposit if the apartment was in need of repair etc.

    So basically I will agree to new rent levels and inform them of my intention to go Part 4 and not sign a new lease. Is there anything else I need to think/worry about?

    Realistically its in my advantage to go part 4? Is there ever any reason to sign a new lease in that case except for maybe lesser notice periods?


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    #8
    MrMorooka
    Registered Users Posts: 710 ✭✭✭MrMorooka


    Without the protection of the lease it is easier for the LL to move you out- for example if he wants to sell the property or move himself or a family member into it, he can give you notice to leave under part 4(though the notice period would be quite large). Might be worth noting.


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    #9
    Nino Brown
    Closed Accounts Posts: 1,507 ✭✭✭Nino Brown


    Cona wrote: »
    Realistically its in my advantage to go part 4? Is there ever any reason to sign a new lease in that case except for maybe lesser notice periods?

    I'm in my third year in the same place, for the first renewal I signed a new lease because the LL didn't ask for a rent increase. By signing the lease I locked in that price for another year, so it made sense for me to sign it.

    This year he did ask for a rent increase, and asked for a new lease, but there was no benefit to me signing a lease, so I told him I agreed to the increase, but wouldn't be signing a lease, he had no problem with that.


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    #10
    Cona
    Closed Accounts Posts: 591 ✭✭✭Cona


    Sorry one last question...

    The entire apartment block that I am living in is up for sale. It has been for ages I believe.

    Would that be grounds to get me out? Even though they would not be selling my individual apartment?


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    #11
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Cona wrote: »
    Sorry one last question...

    The entire apartment block that I am living in is up for sale. It has been for ages I believe.

    Would that be grounds to get me out? Even though they would not be selling my individual apartment?

    With the required notice, perhaps but I would have thought anyone buying an entire apartment block would want it occupied and returning on investment.

    As for not signing the new 12 month lease, an up shot of that might be that notice is given so that they can get someone who will. Just my 2 cents.


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    #12
    fcio
    Registered Users Posts: 23 ✭fcio


    Why not talk to the LL and say that you might need to move in 4-5 months, he/she might be happy that the house is vacated and agree to some sort of a deal, and he/she can then rent it out to someone else (and probably increase rent again)


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    #13
    Cona
    Closed Accounts Posts: 591 ✭✭✭Cona


    fcio wrote: »
    Why not talk to the LL and say that you might need to move in 4-5 months, he/she might be happy that the house is vacated and agree to some sort of a deal, and he/she can then rent it out to someone else (and probably increase rent again)

    Yep I'm going to ring on Monday. I'm dealing with a letting agency (one of the biggest) so it's a bit harder. I am going to push for a rolling 6 month contract and failing that go part 4.
    My current 12 month contract runs until end of May. Can they serve me with the 56 day notice period immediately or do they have to wait till the end of the contract period?


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    #14
    Nino Brown
    Closed Accounts Posts: 1,507 ✭✭✭Nino Brown


    Cona wrote: »
    Yep I'm going to ring on Monday. I'm dealing with a letting agency (one of the biggest) so it's a bit harder. I am going to push for a rolling 6 month contract and failing that go part 4.
    My current 12 month contract runs until end of May. Can they serve me with the 56 day notice period immediately or do they have to wait till the end of the contract period?

    Maybe I'm misunderstanding something here, but on what grounds are you expecting to be given 56 day notice? They can't just give you notice because you won't sign a lease, there are very limited circumstances in which they can end a part 4 tenancy, and not signing a new lease isn't one of them.
    By not signing a lease you are doing nothing wrong, you don't need to appease them by signing a 6 month lease either.


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