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Ways around non sublet clause

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  • 19-04-2018 3:00pm
    #1
    QueenMTBee
    Registered Users Posts: 188 ✭✭


    I currently rent an apartment and rent a room out to two friends (a couple). My name is the only one on the lease but the landlord knows about them and my lease actually permits the renting out of a room. I'm just not allowed to assign the whole lease / rent the whole apartment and move out myself.

    I want to move out and the couple want to stay (and find someone to rent the second room). The landlord has refused to let them take over my lease but has consented to them being "added" to my lease. My question is – if they are added to my lease then does that get us around the "no sublet" clause? If I move out and they move someone in then the property isn't technically sublet as two of the three people on the lease are still in the property.
    The short version is – I need to move out but they want to stay. They are good friends of mine and as a couple it will be next to impossible for them to find somewhere else to rent especially somewhere as nice as our current apartment. I don't want to leave them stuck or lose the friendship. Any suggestions or advice?


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    #2
    skallywag
    Registered Users Posts: 3,000 ✭✭✭skallywag


    When you say 'added' to your lease, do you mean that they would then be on an equal footing to you, or would you still be the primary tenant as per the contract?


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    #3
    QueenMTBee
    Registered Users Posts: 188 ✭✭QueenMTBee


    skallywag wrote: »
    When you say 'added' to your lease, do you mean that they would then be on an equal footing to you, or would you still be the primary tenant as per the contract?

    I think we would all be equal tenants because the landlord wants full references etc. from them and wants a fee to cover this and the re-writing of the lease. But I suppose I can't be sure unless I ask and that might raise the landlord's suspicions.


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    #4
    skallywag
    Registered Users Posts: 3,000 ✭✭✭skallywag


    Well I would guess that the landlord will want one person to be main point of contact concerning rent payment, general maintainance topics, etc, and I would assume they will want you to play this role as they know/trust you already.

    Do I understand the situation correctly, the others would get added to the lease, you then move out, and the others would then take on someone else? Do you intend staying on the lease when you move out and have the landlord under the impression that you are still living there? I am not sure I am understanding that part correctly!


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    #5
    QueenMTBee
    Registered Users Posts: 188 ✭✭QueenMTBee


    skallywag wrote: »
    Do you intend staying on the lease when you move out and have the landlord under the impression that you are still living there? I am not sure I am understanding that part correctly!

    I would move out and they would find someone else to take "my" room. I would be hoping to come off the lease as soon as possible after I move out.

    Honestly, I would rather do this the correct way - me give notice to terminate and move out after the termination period is up and the same day my current housemates sign their own lease for the premises. I'm just not sure the landlord will let them and I don't want to see them stuck for somewhere to live. I'm trying to think outside the box!


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    #6
    skallywag
    Registered Users Posts: 3,000 ✭✭✭skallywag


    OK, I see.

    I think your issue could be that the landlord could quite easily not allow you to come off the lease, and if you move out without being upfront with them then they could also easily get quite pissed off with the tactics.

    Any particular reason why they would not be willing to let the other couple just take over the lease? It would involve new paperwork etc, but I am sure that the other couple would glady foot the bill here?


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    #7
    QueenMTBee
    Registered Users Posts: 188 ✭✭QueenMTBee


    skallywag wrote: »
    Any particular reason why they would not be willing to let the other couple just take over the lease?

    Past experience makes me think it. Before I rented this apartment, I was the "housemate" of a guy who rented a different apartment from my current landlord. When he decided to move out, we asked if I could sign a lease for that apartment to coincide with him terminating his lease. The landlord said no but allowed me to sign a lease for the apartment I'm now in.


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    #8
    skallywag
    Registered Users Posts: 3,000 ✭✭✭skallywag


    Hmmmm, I'm not seeing the landloard's logic at all here in that case, unless there was someone else they had commited to giving the apartment too if the lease holder ever moved out, etc.


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    #9
    Glass fused light
    Registered Users Posts: 1,576 ✭✭✭Glass fused light


    QueenMTBee wrote: »
    Past experience makes me think it. Before I rented this apartment, I was the "housemate" of a guy who rented a different apartment from my current landlord. When he decided to move out, we asked if I could sign a lease for that apartment to coincide with him terminating his lease. The landlord said no but allowed me to sign a lease for the apartment I'm now in.
    Are you saying that your current lease lists the ex housemate as a tenant on the lease for your current place?
    Did you pay a deposit to the landlord or to the old housemate?

    If your name remains on the lease you remain liable for 100% of any unpaid rent and any damages to the property.


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    #10
    skallywag
    Registered Users Posts: 3,000 ✭✭✭skallywag


    Glass fused light wrote: »
    If your name remains on the lease you remain liable for 100% of any unpaid rent and any damages to the property.

    This would also be a real concern for me. I realise the couple are good friends with the OP, but these arrangements can unfortunately sometimes turn sour. I would definitely not feel comfortable having my name on a lease for a place where I am not actively living myself.


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    #11
    QueenMTBee
    Registered Users Posts: 188 ✭✭QueenMTBee


    Glass fused light wrote: »
    Are you saying that your current lease lists the ex housemate as a tenant on the lease for your current place?
    Did you pay a deposit to the landlord or to the old housemate?.

    No. I was a housemate in Apartment B. He ended his lease and the landlord refused to let me lease Apartment B. I took out a lease on Apartment A instead. The only lease my name is on relates to the apartment I'm currently living in.


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    #12
    QueenMTBee
    Registered Users Posts: 188 ✭✭QueenMTBee


    skallywag wrote: »
    This would also be a real concern for me. I realise the couple are good friends with the OP, but these arrangements can unfortunately sometimes turn sour. I would definitely not feel comfortable having my name on a lease for a place where I am not actively living myself.

    Thanks. We had a chat last night. We are going to do it the proper way and just hope that the landlord will let them sign a lease for the apartment on the same date my lease will end.


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    #13
    skallywag
    Registered Users Posts: 3,000 ✭✭✭skallywag


    That sounds like the best approach!

    I'm still wondering what the landlord's hesitation with this approach is though. Do you think they could possibly be attempting to get a completely fresh set of tenants in so that the rent could be raised, etc? Just thinking out loud ...


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    #14
    QueenMTBee
    Registered Users Posts: 188 ✭✭QueenMTBee


    skallywag wrote: »
    That sounds like the best approach!

    I'm still wondering what the landlord's hesitation with this approach is though. Do you think they could possibly be attempting to get a completely fresh set of tenants in so that the rent could be raised, etc? Just thinking out loud ...

    I don't think they can. We are in a pressure zone and the rent was put up 4% last month.


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    #15
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    The only thing that has been known to work is for you to slip out. The couple to remain and replace you quietly. After a period if the landlord finds out, he will have to go to the RTB. The issue then will be what the landlord knew about the new occupant. Once the rent is kept up to date for a few months the RTB will take the side of the tenants.


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    #16
    runawaybishop
    Registered Users Posts: 9,504 ✭✭✭runawaybishop


    You asked to reassign the lease and the landlord refused? If you didn't, do so immediately. Not being allowed to reassign a lease is grounds for penalty free termination of your lease.


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    #17
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    runawaybishop wrote: »
    You asked to reassign the lease and the landlord refused? If you didn't, do so immediately. Not being allowed to reassign a lease is grounds for penalty free termination of your lease.

    That is not the issue. If he terminates, the couple has to move out, which is what he is trying to avoid.


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    #18
    runawaybishop
    Registered Users Posts: 9,504 ✭✭✭runawaybishop


    4ensic15 wrote: »
    That is not the issue. If he terminates, the couple has to move out, which is what he is trying to avoid.

    Highly likely the LL will then let the couple take over though, but just a guess.


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    #19
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    runawaybishop wrote: »
    Highly likely the LL will then let the couple take over though, but just a guess.

    If you read the thread, the LL won't.


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    #20
    runawaybishop
    Registered Users Posts: 9,504 ✭✭✭runawaybishop


    4ensic15 wrote: »
    If you read the thread, the LL won't.

    The LL was happy to add them to the lease so is not beyond the bounds of reality. Realistically the OP can only tell the LL he is heading off and try to reassign.


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    #21
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    runawaybishop wrote: »
    The LL was happy to add them to the lease so is not beyond the bounds of reality. Realistically the OP can only tell the LL he is heading off and try to reassign.

    The LL has form. There is no such thing as reassign. The o/p didn't take an assignment in the first place.


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    #22
    runawaybishop
    Registered Users Posts: 9,504 ✭✭✭runawaybishop


    4ensic15 wrote: »
    The LL has form. There is no such thing as reassign. The o/p didn't take an assignment in the first place.

    Assign then. Does it matter?


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    #23
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    runawaybishop wrote: »
    Assign then. Does it matter?

    He cant assign part of a lease without the consent of the landlord, which will not be forthcoming.


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    #24
    runawaybishop
    Registered Users Posts: 9,504 ✭✭✭runawaybishop


    4ensic15 wrote: »
    He cant assign part of a lease without the consent of the landlord, which will not be forthcoming.

    He's the only one on the lease. A refusal means he walks away and the sublet ends. LL needs new tenants, oh look here is a new tenant!


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    #25
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    runawaybishop wrote: »
    He's the only one on the lease. A refusal means he walks away and the sublet ends. LL needs new tenants, oh look here is a new tenant!

    If the sublet ends, the couple is out. That is what he is trying to avoid!
    The LL will find his own new tenants. He has form!


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    #26
    QueenMTBee
    Registered Users Posts: 188 ✭✭QueenMTBee


    Is there a particular form or notice period for requesting a re-assignment? I'm going to officially request to re-assign to the couple and hope for the best.


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    #27
    uck51js9zml2yt
    Closed Accounts Posts: 18,268 ✭✭✭✭uck51js9zml2yt


    Surely if the other 2 are on the lease, they can ask to reassign as tenant A is moving out?


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    #28
    QueenMTBee
    Registered Users Posts: 188 ✭✭QueenMTBee


    Thanks for all the advice. Just to clarify - currently I am the only one on the lease. But happily the landlord has now reconsidered and agreed that I can assign my lease to the couple renting a room from me.


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