Lease Termination

ImDave

Hi, just a quick question. I am renting a 5 bed semi-d along with four other college friends. About two months ago, we came home after a night out, and made a bit excessive noise, and the land lord was called, and we we're warned that if it happened again, we would be getting our notice. Fiar enough.

Last night, we were all finished our exams, and we had two or three friends over, and we were staying very quite as we were aware of the promise we had made to the landlord previously. But one thing led to another and more and more people started turning up, and it turned out to be a bit of a house party :rolleyes:. At 9.50PM the next door neighbour phoned the landlord who came down, and said that he wants a double deposit (dispite no physical damage to the house), and our rent due tomorrow. Also, if we stay, he made us agree that he can evict us on the spot if it happens again.

What I am wondering is, if we were to terminate the lease on our own accord, what are the financial implications, i.e. we signed the lease until the end of may, so will we owe rent until may, because he claims that we would. If we did not agree to the terms which he laid down, what notice of termination would we be entiled to?

Many thanks in advance

astrofool

I think you have to give 28 day notice, someone here will tell you exactly.

Afuera

The only way you can get out of your fixed term lease legitimately is by first requesting him to assign it to someone else. If he agrees, you'll have to find someone else to take over your lease. If he doesn't agree, then you can serve your (28 days) notice, in writing, telling him that you are terminating the lease. Either way, legally he will have to give you your deposit back.

Calina

Call Threshold and get their opinion on this, or talk to your college accommodation officer.

AFAIK he cannot make you sign an agreement that leaves you with poorer rights than you have under prevailing legislation and the implication that he can evict you "on the spot" is contrary to the current (and less than adequate) legislation which allows for a minimum notice period which is a bit more than "immediate". I think it's 28 days for sub-six month tenancies.

Additionally I am not sure that he can, mid-agreement demand a double deposit.

Every single lease *should* have some kind of a break clause in it allowing either party to end with a specific notice period - I negotiated one into mine so that matters of this nature shouldn't arise. Does yours not have this?

Victor

I'm not certain, but there may be something in your lease and / or the Act stating a lower notice period in the event of anti-scoial behaviour, but it would be something like 7 days. If he tries to evict you summarily, call the Garda.

Just how noisy were ye to annoy someone before 10pm?

ImDave

I checked the lease and their is nothing with regard to anti social behaviour. I know its only one side of the story, but I don't believe we were even that loud. No one had much drink taken, there was one guy with an acoustic guitar and everyone was singing along, but there was nothing broken or no one was hanging off doors or anything.

Its fairly easy to get on the neighbours bad side, for example not so long ago she came out and told us to stop playing a bit of hurling in front of our own house at about 1PM! That said, we may have been making a bit of noise, but definetly not enough to constitute anti social behaviour.

The landlord came back yesterday to collect the rent, but let us off with the second depost until January because none of us will be there (holidays ). He still wants it when we come back though, and still made us agree that he can evict us on the spot.