Staying on after 1 year lease expires?

ilo.na · 23-02-2010 1:56pm #1

Hi Guys,

Myself and 3 friends are currently renting a 3-bedroom apartment in D1. We signed a 1-year lease in October 2008. The rent was reduced from 2600 to 2300 pcm in April 2009 where the landlord requested we sign a new 1-yr lease. This lease is up at the end of April this year.

We would like to continue to stay in the property (the landlord is fine with that too), but do not want to sign a new lease as some of us may potentially have to move away with work in a few months time and we would like to have the flexibility to stay or leave with a months (or so) notice when needed.

Our landlord (a property developer) insists that he "would need a lease signed (however long or short) to comply with all Landlord/tenant regulations etc".

Does anyone have any idea of what our options are and whether we really need to sign a new lease if we were to stay?

Thanks a mill!

shoegirl · 23-02-2010 3:32pm

You are entitled to claim your right to stay after 12 months as a part 4 tenancy. That has to be put in writing and there is a form for this on the PRTB website. I don't think your landlord can then legally evict you as long as everything else is in order.

Lease after 12 months are slightly greyer than they used to be. I notice a lot of landlords are using them to force people to stay longer, and lock people into rents when a lot are looking for reductions.

RentDayBlues · 23-02-2010 4:25pm

We got a 12 month lease with a 6 month break clause in case we wanted out. We didn't end up leaving - as previous poster said you are entitled to stay without the lease but LL can then claim that he wants the property for himself and you'll have to leave.

MarieJoana · 10-03-2010 11:18pm

am in the same situation as the OP. have a few additional questions...

what would happen if we don't sign a new lease and stay on under part 4 and one of us moves out giving required notice?

is the one person entitled to the deposit back? what about the deposit of the people staying?
who is responsible for finding a new tenant for the one room? the landlord or the remaining tenants?
if no new tenant is found for the room, who is responsible for paying the rent for that room? the landlord or the remaining tenants?
would the landlord be entitled to ask the remaining 3 tenants to move out?

thanks!!
MJ

D3PO · 10-03-2010 11:25pm

MJ if you are renting the house rather than rooms which I suspect whoever is staying on will be responsible for the additional rent.

in regards to getting deposit back that person shouldnt get deposit back from the landlord but instead you find a new housemate get the value of the deposit off them and give it to the person moving out.

If you cant find somebody else well then you gotta make a decision do you al move out or do you take the hit and pay more rent

antoinolachtnai · 10-03-2010 11:57pm

Everyone on the lease is responsible for the rent in full unless a name is removed from the lease, which you can only do with the agreement of the landlord (although the landlord cannot necessarily refuse if you want to put someone on in place of an existing tenant).

Where is the form for a part 4 tenancy on the PRTB site?

The landlord cannot evict you or make you sign a new lease. You do not have to sign a new lease. If he really wants you to sign a lease, you could get him to sign a lease that is month to month, i.e., requires you to give him one month's notice.

MarieJoana · 11-03-2010 12:04am

thanks guys. appreciate your advice.

my problem is i am the one who is most likely to move out soon. so don't wanna sign a new contract because that means i'll certainly lose my deposit if i move out before the end of the lease.

but my flat mates are concerned that if we don't sign a new lease and i move out giving notice as required under part 4, they are responsible to find a person to move into my room. and if they don't find anyone, they'll be responsible for paying the full rent. is that correct? or is it the landlord's problem?

antoinolachtnai · 11-03-2010 12:07am

Assuming you are all on the one lease, it is a matter between yourselves, lease or no lease. It is not the landlord's problem. You can't get off just by leaving. As long as you are on the lease you are liable for the rent.

D3PO · 11-03-2010 12:11am

MarieJoana wrote: »

thanks guys. appreciate your advice.

my problem is i am the one who is most likely to move out soon. so don't wanna sign a new contract because that means i'll certainly lose my deposit if i move out before the end of the lease.

but my flat mates are concerned that if we don't sign a new lease and i move out giving notice as required under part 4, they are responsible to find a person to move into my room. and if they don't find anyone, they'll be responsible for paying the full rent. is that correct? or is it the landlord's problem?

yep not the landlords problem its you and your housemates that need to sort it

MarieJoana · 11-03-2010 12:13am

thanks. our lease is running out at the end of april.

if we don't sign a new lease, i understand i am entitled to get my deposit back if i give required notice as per part 4, is that correct?

D3PO · 11-03-2010 12:16am

no not correct

you are entitled to your deposit back if ALL of you give notice. If you just give notice then you shouldnt expect your deposit back. you will only get it back if you or your friends find somebody to move in and take your place. that person should give you their deposit.

MarieJoana · 11-03-2010 12:29am

thanks guys! in that case, will move out at the end of the lease and let my flatmates find someone to replace me so they can all sign a new lease.

D3PO · 11-03-2010 12:31am

and what if they cant find somebody to replace you ? i think you need to discuss this with them the sooner the better

MarieJoana · 11-03-2010 12:37am

well but if they want to stay on after the lease expires it is up to them to find someone, no?

do i not have the right to move out at the end of the lease and get my deposit back? didn't see anything in the contract to say that i have to find someone to replace me if i move out at the end of the lease...

D3PO · 11-03-2010 12:41am

MarieJoana wrote: »

well but if they want to stay on after the lease expires it is up to them to find someone, no?

do i not have the right to move out at the end of the lease and get my deposit back? didn't see anything in the contract to say that i have to find someone to replace me if i move out at the end of the lease...

yes it would be but the sooner you let them know the better. the point ive made twice in this thread is that the landlord wont give you back your share of the deposit if you rented together then your deposit is collective.

with that in mind you wont get your share of the deposit back until they find somebody to replace you. Thats assuming none of them try and shaft you

antoinolachtnai · 11-03-2010 12:42am

You will only get your deposit back from the landlord if he gets full vacant possession of the property! He will not give you your deposit back while the others are still in situ.

MarieJoana · 11-03-2010 1:18am

so is there anything i can do to get my deposit back? it's 800 euro, so can't afford to lose that.

don't think it's fair if i was penalized for moving out at the end of the lease (hence not breaking any contract) and still not get my deposit back...

D3PO · 11-03-2010 1:29am

MarieJoana wrote: »

so is there anything i can do to get my deposit back? it's 800 euro, so can't afford to lose that.

don't think it's fair if i was penalized for moving out at the end of the lease (hence not breaking any contract) and still not get my deposit back...

why should the landlord have a reduced deposit because your moving out ? these kind of things should be thought about before moving in not when you are about to move out

MarieJoana · 11-03-2010 1:34am

D3PO wrote: »

why should the landlord have a reduced deposit because your moving out ? these kind of things should be thought about before moving in not when you are about to move out

i thought the landlord is obliged to return the deposit when i move out at the end of the lease unless there were any damages etc.

on what grounds can he keep the deposit if i'm not breaking the lease?

D3PO · 11-03-2010 1:49am

MarieJoana wrote: »

i thought the landlord is obliged to return the deposit when i move out at the end of the lease unless there were any damages etc.

on what grounds can he keep the deposit if i'm not breaking the lease?

your still not getting what im saying. your collectively renting so you have collective responsibiliity for the bills and also the lease.

you cant pick and choose you all move out and you get your deposit back or they decide to stay and either your friends give you back your deposit or you have them sublet and get the deposit back off the subletter.

the landlord doesnt have to give you back a portion of the deposit.

Staying on after 1 year lease expires?

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