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I have a Lease - My Landlord and I both seem to Ignore it...

  • 06-04-2013 9:23pm
    #1
    UCDVet
    Closed Accounts Posts: 2,894 ✭✭✭


    My wife and I moved into our current apartment about 8 months ago and signed a one year lease. I never looked at it too closely, I was told it was 'standard'. Probably not smart, but I was desperate.

    The landlord seems like an upstanding fellow though. Had one problem with a broken shower, rang him up, and he had a plumber out the next day. Grand.

    Still, I was looking over the lease today and I noticed both him and I have not been following it. I'm wondering what this means as far as the contract is concerned. Are we both in trouble for breaking the lease? Is the lease still valid?

    For example....I have a dog. I moved in with a dog. The landlord met my dog. The lease explicitly says 'No dogs'.
    I never received a rent book nor confirmation of any payment; but my lease explicitly says the landlord will provide me with a receipt, not more than three months after, in writing.

    There are more, but they are all pretty small things. It's just neither of us have been doing them. Does this mean the rest of the lease is still enforceable? Can he kick me out for having a dog/can I move out because he hasn't been giving me receipts?


Comments

  • #2
    StillWaters
    Closed Accounts Posts: 1,799 ✭✭✭StillWaters


    I wouldn't worry about it. Do make sure you have a paper trail for your rent though, eg bank transfer.

    If things remain cordial and professional there is no problem.


  • #3
    ArtSmart
    Registered Users, Registered Users 2 Posts: 5,614 ✭✭✭ArtSmart


    as above.

    The standard 2004 act stipulations will apply, re notice etc (for both of you). Don't worry, unless you're giving cause to worry.


  • #4
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    ArtSmart wrote: »
    as above.

    The standard 2004 act stipulations will apply, re notice etc (for both of you). Don't worry, unless you're giving cause to worry.
    A lease may be verbal or written. Written leases are easier to follow as the various conditions are laid out in black and white, whereas with a verbal lease it is a case of who agreed to what - tenant's word against landlord's word.

    Because you have a fixed term lease, there is no notice period (except where the is a breach of obligations by one of the parties and the other party wishes to contest it) as the contract is for the fixed term.

    A lease agreement usually says that it also acts as the rent book especially when rent is paid via the bank thus ensuring there is a paper trail.

    As regards your dog, many apartment complexes prohibit pets. However, if, after 8 months there has been no complaints you should be OK. However, on vacating the apartment you may find that you may lose some of your deposit if there are any traces of the animal. The place may require a professional clean to get rid of these traces as the next tenants may be allergic to animal hair. Thus you may be responsible for the cleaning costs (and any damage the dog may cause)


  • #5
    the_syco
    Registered Users, Registered Users 2 Posts: 37,316 ✭✭✭✭the_syco


    UCDVet wrote: »
    For example....I have a dog. I moved in with a dog. The landlord met my dog. The lease explicitly says 'No dogs'.
    IMO, if/when you move out, and the landlord finds damage caused by the dog, the landlord will be able to point to the "no dogs" rule in the lease.


  • #6
    UDP
    Closed Accounts Posts: 1,188 ✭✭✭UDP


    the_syco wrote: »
    IMO, if/when you move out, and the landlord finds damage caused by the dog, the landlord will be able to point to the "no dogs" rule in the lease.
    I would imagine that with or without that rule damage caused by a pet would never be considered standard wear and tear.


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