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girlfriend breaks joint lease

  • 27-04-2011 2:50pm
    #1
    Closed Accounts Posts: 3


    hi myself and my ex moved into a house 8 months ago,we have since broke up and she has moved out without notifying the landlord.she refuses to pay the remaining rent and the lease is in both of our names,we are paying 850 a month 425 each,does this mean im liable myself to pay the full remaining amount?


Comments

  • Banned (with Prison Access) Posts: 370 ✭✭bath handle


    Do the words jointly and severally liable appear on the lease?


  • Closed Accounts Posts: 3 zapper316


    Do the words jointly and severally liable appear on the lease?

    yes they do on the first page does that mean im liable for the full amount on my own or can i just stay paying my share


  • Registered Users, Registered Users 2 Posts: 9,788 ✭✭✭MrPudding


    zapper316 wrote: »
    yes they do on the first page does that mean im liable for the full amount on my own or can i just stay paying my share
    It means that you are both jointly and individually liable. The landlord can try to get all the money off both of you, or if that is too hard, for example because he can't find your ex, then he can attempt to get all the money off you.

    MrP


  • Closed Accounts Posts: 3 zapper316


    MrPudding wrote: »
    It means that you are both jointly and individually liable. The landlord can try to get all the money off both of you, or if that is too hard, for example because he can't find your ex, then he can attempt to get all the money off you.

    MrP
    ok but if im still paying my part of the rent can he kick me out too?:eek:


  • Registered Users, Registered Users 2 Posts: 269 ✭✭chopser


    zapper316 wrote: »
    ok but if im still paying my part of the rent can he kick me out too?:eek:

    The full 850 is your part of the rent. There is only a 50/50 split agreement with you and your Girlfriend.


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  • Registered Users, Registered Users 2 Posts: 4,310 ✭✭✭Pkiernan


    Unfortunately, you are responsible for the entire amount of the rent.

    You could have a claim against your ex if you continue to pay, but I do not know if the Small Claims Court can take such a case.

    If you cannot or do not pay the rent, you may be evicted, however the reality is that your 12 month lease would be up before the Landlord has a chance to evict you.

    Unfortunately, LL's have to go through the PRTB, a Government body that believes all Landlords are evil slumlords, and that all tenants are just downtrodden and exploited. They would take about 12 months to hear your LL's case (during which time he would be in receipt of no rent).

    So, actually, you are in a strong position.

    Tell your LL the situation, and agree with him a price you can pay for the remainder of your lease. If he turns you down (which he would be crazy to do) have him serve you with eviction notice.

    He will have to serve you firstly with a 14 day notice to make good on any arrears, followed by a 28 day notice to quit.
    He also has to make sure that both letters are worded correctly, or his notices will be considered invalid.
    Your lease will be up soon, and you will lose your security deposit, but you won't be as bad off as you might feel you are.

    The LL on the other hand WILL certainly be out of pocket. God forbid people honour their obligations.


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