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Can lease clauses be severed...

  • 20-11-2011 6:05am
    #1
    ldxo15wus6fpgm
    Closed Accounts Posts: 1,359 ✭✭✭


    Where they are too excessive or unfair to the tenant?
    Let's say it's a college campus apartment, and a small party is held where some damage is done to a door (this is a first for this apartment) and the landlord decides he's going to evict them and fine them a 4 digit figure because of this, and there's a clause in the contract saying they can be evicted basically whenever the landlord feels like it - but the tenant must continue paying the rent until the landlord finds a new tenant.
    Could this decision be reversed / the clause allowing the landlord to evict because of minor damage be severed?
    Thanks.


Comments

  • #2
    aN.Droid
    Closed Accounts Posts: 1,911 ✭✭✭aN.Droid


    Theo Hot Molecule wrote: »
    Where they are too excessive or unfair to the tenant?
    Let's say it's a college campus apartment, and a small party is held where some damage is done to a door (this is a first for this apartment) and the landlord decides he's going to evict them and fine them a 4 digit figure because of this, and there's a clause in the contract saying they can be evicted basically whenever the landlord feels like it - but the tenant must continue paying the rent until the landlord finds a new tenant.
    Could this decision be reversed / the clause allowing the landlord to evict because of minor damage be severed?
    Thanks.

    That whole story could never happen. The landlord could only charge what it costs to fix the damage. If evicted tenants have no legal obligation to pay rent to the tenant. This would be the worse tenancy agreement if it is real.


  • #3
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Students in college residences tend not to be tenants, but licencees (much like a hotel), who have agreed to pay a full year's rent.

    The students may find that failure to comply with college discipline may affect them academically.

    The students might do well to get proper advice, appeal the seeverity and be prepared to eat some humble pie.


  • #4
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    A tenant under a residential tenancy cannot be summarily evicted, the landlord must serve a notice of termination in accordance with the Residential Tennancies Act and the tenant can dispute the validity of this before the PRTB.

    Colleges do have a habit of describing their arrangements with students as "licences" rather then leases. Whether this will stand up or not is open to question since the student pay rent for exclusive occupation of their bedrooms. In any case, even in a licence situation, a person can be required to pay on foot of a liquidated damages clause but can't pay a pursuant to a penalty clause, there must be some relation between the harm caused and damages agreed.


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