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Girlfriend didn't sign a lease before she moved in

  • 13-12-2013 5:08pm
    #1
    Banned (with Prison Access) Posts: 28


    Hi there

    small problem. My girlfriend didn't sign a lease before she moved in to her current room back in august . she owes 2 months rent and she is considering leaving the house as the room is in a terrible state from the one before her.
    in essence doing a runner. we are both students . she is probably going to crash in mine till she finds a new place.

    Is she is liable for that 2 months rent if she leaves?

    as she never signed a lease or paid a deposit.


Comments

  • Registered Users, Registered Users 2 Posts: 26,292 ✭✭✭✭Mrs OBumble


    Yes, she's liable. Do you think the landlord will be able to find her?


  • Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    Yes, she's liable, she stayed there.

    If the place was such a state, why did she move in?

    You can't just not bother paying rent and then run away because you don't like the place you're in.


  • Banned (with Prison Access) Posts: 28 trytilidie


    thanks I also just remembered the guy collects cash on set days , no accounts and her room mate and I were talking and he suspects him of tax evasion.

    could this change the game in anyway


  • Closed Accounts Posts: 1,874 ✭✭✭padma


    you have a girlfriend who could be called a thief, I'd be careful of letting her crash in your gaff. Also watch your wallet.


  • Registered Users, Registered Users 2 Posts: 2,021 ✭✭✭ChRoMe


    No lease is going to make it difficult for the landlord to get that money back, is it ethical, no.

    Will she get away with it, yes.


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  • Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    trytilidie wrote: »
    thanks I also just remembered the guy collects cash on set days , no accounts and her room mate and I were talking and he suspects him of tax evasion.

    could this change the game in anyway

    It doesn't change the fact that she owes him money, no.

    I have a feeling that you're going to go along with your girlfriend's plans to essentially steal, though, regardless of what people say here.


  • Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    What was the exact state of the room when she moved in? Did she try to resolve first??

    I think using the state of the room is an excuse. I'd be far more worried about the fact your GF cannot manage her money. Regardless of the alleged state of the room, being behind two months rent is unacceptable. If I were the LL, she'd better have a bloody good excuse as to why it hasn't been paid.

    Her reaction shows a childishness and lack of responsibility by doing a runner. She wants to be grown-up and independent? Start by paying the bills in full and on time! Take responsibility. That's what being an adult is all about. Can't manage that? Go home to Mum and Dad...

    Pay the rent. In full. Then your GF has a much stronger hand in taking a case to the PRTB/Revenue.


  • Registered Users, Registered Users 2 Posts: 783 ✭✭✭Saucy McKetchup


    She could be liable


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


    ChRoMe wrote: »
    Will she get away with it, yes.
    There's no written agreement on what rent she pays so no she isn't liable
    Do a runner
    Please stick to advice that won't get someone into legal problems.

    Moderator



    She is liable for the rent - no written lease required.

    Who knows what the risks are and how this will affect her in the future?


  • Registered Users, Registered Users 2 Posts: 783 ✭✭✭Saucy McKetchup


    Apologies, should have read the rules, edited post


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  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭johnnyskeleton


    Just some food for thought:

    If she took the room with some other tenants already there, if she doesn't pay it probably won't be the landlord who is out of pocket, it's the other tenants ie they may have to pay the full rent on the property regardless of whether the girlfriend paid her part or not.

    So the victim of her non payment may not be some faceless landlord but some of her fellow students.

    That's not to say that shafting a landlord is better than shafting some co-tenants, but it might help her put a face on those she is hurting.


  • Registered Users, Registered Users 2 Posts: 489 ✭✭the world wonders


    trytilidie wrote: »
    thanks I also just remembered the guy collects cash on set days , no accounts and her room mate and I were talking and he suspects him of tax evasion.

    could this change the game in anyway
    No. The fact that the landlord might owe money to the Revenue does not change the fact that your girlfriend owes money to the landlord.
    Is she is liable for that 2 months rent if she leaves?

    as she never signed a lease or paid a deposit.
    A written lease is not legally required for a tenancy to exist (it's just highly recommended). In the absence of a formal written lease there are certain default rights and responsibilities for both tenant and landlord set out in the Residential Tenancies Act 2004. One of these default conditions is, you guessed it, that the tenant is obliged to pay the rent no matter how terrible a state the place is in.

    Also you should take a long hard look at yourself and your girlfriend as the attitude that is coming across from your posts seems to be "how can I find a loophole to get out of my obligations?"


  • Banned (with Prison Access) Posts: 28 trytilidie


    It doesn't change the fact that she owes him money, no.

    I have a feeling that you're going to go along with your girlfriend's plans to essentially steal, though, regardless of what people say here.

    Im not going along with any thing . but i can hardly let her sleep in the streets like . Im just trying to advice her on the best course of action to takee


  • Registered Users, Registered Users 2 Posts: 3,818 ✭✭✭jlm29


    Sounds like your gf is a bad lot. Did she move in two months ago and just never pay any rent at all? Charming. He'd probably rather have her move out and con him out of two months rent than have her staying there scrounging, and letting the arrears mount.
    Still doesn't make it ok to steal, but he won't be sorry to see the back of her


  • Registered Users, Registered Users 2 Posts: 1,305 ✭✭✭nibtrix


    trytilidie wrote: »
    Im not going along with any thing . but i can hardly let her sleep in the streets like . Im just trying to advice her on the best course of action to takee

    Well posters have made it very clear what the best course of action is - pay her outstanding rent and give proper notice that she is leaving.


  • Registered Users, Registered Users 2 Posts: 8,429 ✭✭✭wirelessdude01


    OP, wonder will you be on here in a few months giving out that the girlfriend moved in for a few week while she sorted out accomodation and she is still here months later, not paying any rent or contributing to the bills.


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