Renting Apartment Law

keano2012

Hey- been renting an apartment for over 5 years now. I signed a lease when I first moved in for one year. After that it was just rolled forward due to small increases in the rent. Now the landlord wants me to resign a lease in January- will this force me to stay for one year? If i did sign and then left mid year- what could the repurcussions be?

Edit: Any advice on what I should say to the landlord would be great as well.

Thanks!

djimi

You dont have to sign a lease if you dont want to; under the terms of the part 4 tenancy you can remain in that property for another 3 years before they can terminate the lease. If you dont think youll be in the property for another year then dont sign; there is nothing they can do to force you.

keano2012

djimi wrote: »

You dont have to sign a lease if you dont want to; under the terms of the part 4 tenancy you can remain in that property for another 3 years before they can terminate the lease. If you dont think youll be in the property for another year then dont sign; there is nothing they can do to force you.

you only sign a lease every 8years? Sorry I actually have no idea on lease agreeements so apologies if my questions are stupid!

What will happen if the landlord says sign the lease or else i have to move out?

kkelliher

You have a part 4 tenancy which lasts for 4 year cycles.

The landlord can ask you to leave but only with a notice period in line with the 2004 Act (it ranges from 28 days to 112 days depending on length of occupancy) and also only for a set number of reasons ie if he is selling, refurbishing etc but even then you have first refusal if he ever relets.

You can leave at any stage with the need for a reason but again you must give adequate notice depending on how long you have being in occupation.

djimi

Part 4 tenancies run in 4 year cycles. For the first 6 months of each cycle you can be asked to leave for any reason with 112 days notice (or 28 days notice at the very start of the tenancy). After this 6 month window, and for the next 3.5 years, you can only be asked to leave for a very specific set of reasons. See here for more information: http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

They cannot say sign the lease or get out; not legally anyway. If they try anything funny then you have grounds to pursue for illegal eviction.

kkelliher

keano2012 wrote: »

you only sign a lease every 8years? Sorry I actually have no idea on lease agreeements so apologies if my questions are stupid!

What will happen if the landlord says sign the lease or else i have to move out?

you don't really need to sign a fixed term lease as there is now statute law governing the whole process and you have in theory a lease by default. There is nothing that can be included in any lease that can supersede or water down the act of 2004 but in some instances landlords can offer more favourable conditions so depending on what you are signing it cannot be any worse and maybe better that you already have

djimi

Obviously you are free to sign a lease each year if you wish, as it gives you more security (in terms of the landlords ability to terminate the tenancy and also to adjust the rent mid-lease), but the downside is that a fixed term lease makes it harder for you to terminate if needs be (not impossible, just not straightforward).

keano2012

thanks for the replies- much appreciated. Was just a bit worried that I agree to stay on and then they want to increase the rent quite a bit then ask me to sign a lease the amended lease. And that if i dont then they say they dont want to renew the lease agreement after Dec 31st.

Mrs OBumble

Ahh, the OP has been there for 5 years. Could that be a one year, followed by four, meaning s/he's now at the beginning of the cycle again?

Does that make any difference?

keano2012

Mrs OBumble wrote: »

Ahh, the OP has been there for 5 years. Could that be a one year, followed by four, meaning s/he's now at the beginning of the cycle again?

Does that make any difference?

Just to be clear- do you only sign a lease at the start of the agreement indicating that you should stay for a minimum of 1 year. After that with any increases in rent there is no need to sign a 12 month lease? they just simply put an addendum in the agreement and then I agree to the change?

djimi

Mrs OBumble wrote: »

Ahh, the OP has been there for 5 years. Could that be a one year, followed by four, meaning s/he's now at the beginning of the cycle again?

Does that make any difference?

No, its four year cycles starting from the day the tenancy began.

djimi

keano2012 wrote: »

Just to be clear- do you only sign a lease at the start of the agreement indicating that you should stay for a minimum of 1 year. After that with any increases in rent there is no need to sign a 12 month lease? they just simply put an addendum in the agreement and then I agree to the change?

For rent increases they only need to give you written notice of the increase (or decrease) 28 days in advance; you do not need to amend the original lease. If you dont agree to the increase you give notice as per the part 4 tenancy agreement and leave (as the rent increase will not be happening while a fixed term lease is in effect).

keano2012

djimi wrote: »

For rent increases they only need to give you written notice of the increase (or decrease) 28 days in advance; you do not need to amend the original lease. If you dont agree to the increase you give notice as per the part 4 tenancy agreement and leave (as the rent increase will not be happening while a fixed term lease is in effect).

ah that's perfect- think thats what I was looking for. So if the landlord increased the rent then I agree to stay on- then I can leave by just give adequate notice?

djimi

Yes. Once there is no fixed term lease in place you are free to terminate for any reason, after giving the appropriate notice.