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Unpaid rent

  • 08-04-2011 11:45am
    #1
    hightower1
    Registered Users, Registered Users 2 Posts: 3,207 ✭✭✭


    Hey All,

    Quick question... A friend of mine left a proprty she was renting 5 years ago without paying rent for the 6 months she was there (some weird set upwhere the landlord was to take the rent from her accout but never did, once they noticed that it hadnt been paid for 6 months they called her - she then moved with no notice given) Th full term of the lease was 12 months.

    She has got a notice from the PRTB for ajudication from the landlord from years ago. How long do the landlords have to pursue her for the rent seeing as it was 5 years ago?

    I was under the understanding that if there are unpaid rent due a landlord can only persue the tenant for the remaining term of the lease?


Comments

  • #2
    iMax
    Closed Accounts Posts: 3,489 ✭✭✭iMax


    There's no way she didn't notice the rent wasn't paid & then she broke her lease. Honestly, I hope he gets all he's due + the remainder of the lease she broke.

    She should be ashamed of herself.


  • #3
    hightower1
    Registered Users, Registered Users 2 Posts: 3,207 ✭✭✭hightower1


    iMax wrote: »
    There's no way she didn't notice the rent wasn't paid & then she broke her lease. Honestly, I hope he gets all he's due + the remainder of the lease she broke.

    She should be ashamed of herself.


    Oh Im not condoning what she did in any way and I am sure she would have known what she was doing but from a legal standpoint does the landlord have grounds to pursue based on the length of time of the lease and time past since the lease expired?


  • #4
    234
    Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    Landlords cannot claim any rent owed after six years from the date on which it fell due, look here. However once legal proceedings are started the clock stops. So get your friend to check the date when the rent fell due and the date when the landlord began proceedings. Then advise her to go to a solicitor or at least talk to somebody in the PRTB. It's not all that simple and there are various facts that can prevent this rule from operating. Get legal advice.


  • #5
    hightower1
    Registered Users, Registered Users 2 Posts: 3,207 ✭✭✭hightower1


    234 wrote: »
    Landlords cannot claim any rent owed after six years from the date on which it fell due, look here. However once legal proceedings are started the clock stops. So get your friend to check the date when the rent fell due and the date when the landlord began proceedings. Then advise her to go to a solicitor or at least talk to somebody in the PRTB. It's not all that simple and there are various facts that can prevent this rule from operating. Get legal advice.


    Thats good advice, thank you. I will pass it along.


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