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Tenant leaving after 6 weeks

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  • 24-06-2016 3:25pm
    #1
    flanders2006
    Registered Users Posts: 256 ✭✭


    New landlord here of 3 bed house. Renting out rooms. First tenant just informed me that due to illness of family member he has had to quit his job and move back home.

    He is only 2 weeks into second month of tenancy and is leaving in 2 weeks. He paid a months rent as deposit and first month in advance and I received rent for the second month which has 2 weeks left.

    What's the correct process re his deposit now? I don't want to be a prick about it but I also need to pay a mortgage on the property.


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    #2
    Ms Doubtfire1
    Registered Users Posts: 1,422 ✭✭✭Ms Doubtfire1


    fully due back.


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    #3
    flanders2006
    Registered Users Posts: 256 ✭✭flanders2006


    What about the cost of re advertising and prtb re registration?


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    #4
    Walter H Price
    Registered Users Posts: 1,839 ✭✭✭Walter H Price


    If he has legitimate reasons , i would post an ad up strait away and look to get someone else in maybe say to him look you can have the deposit back as soon as i get someone else in, that way you not really left short


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    #5
    endacl
    Registered Users Posts: 22,262 ✭✭✭✭endacl


    Ms Doubtfire1 wrote: »
    fully due back.

    Based on?


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    #6
    mirrorwall14
    Closed Accounts Posts: 6,751 ✭✭✭mirrorwall14


    You are renting rooms? Is that to avoid tenants rights? One of the downsides on that is you can get them out fast but so can they


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    #7
    flanders2006
    Registered Users Posts: 256 ✭✭flanders2006


    Ad is back up now so hopefully it will get interest and I'll have someone lined up to come in as soon as he leaves in which case he'll get deposit back.


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    #8
    Speedwell
    Registered Users Posts: 3,809 ✭✭✭Speedwell


    endacl wrote: »
    Based on?

    Whether the lease has a provision for retained deposit under certain plainly described circumstances, or applicable law. This may be helpful: http://www.threshold.ie/download/pdf/thresholdending_a_tenancy.pdf


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    #9
    Michael D Not Higgins
    Moderators, Society & Culture Moderators Posts: 7,223 Mod ✭✭✭✭Michael D Not Higgins


    If the tenant signed a fixed term lease, then he is obliged to cover the cost of rent while the room remains unlet. As the landlord you must mitigate this loss by filling the room as soon as possible. If there's no fixed term, then there's no lease to cover. However, he should have given the statutory notice period of 4 weeks for a tenancy less than 6 months.

    The pragmatic answer is line someone up to take over as soon as he leaves and give him back his deposit.


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    #10
    flanders2006
    Registered Users Posts: 256 ✭✭flanders2006


    mirrorwall14 wrote: »
    You are renting rooms? Is that to avoid tenants rights? One of the downsides on that is you can get them out fast but so can they

    Wasn't to avoid tenants rights, it suited our circumstances to do it this way. I registered with prtb and had lease agreement written up and sent over to tenant.


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    #11
    Ms Doubtfire1
    Registered Users Posts: 1,422 ✭✭✭Ms Doubtfire1


    tenancy act.as person is not renting a room INSIDE OP's house but is sharing accommodation with 2 others same rights as to a normal tenancy apply.Only thing is the rent currently paid..the notice period is still 28 days as tenancy has lasted up to 6 month. you might have something there if the person has not given you the appropiate notice


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    #12
    flanders2006
    Registered Users Posts: 256 ✭✭flanders2006


    undefined wrote: »
    undefined
    No I am not living there.

    May also be relevant that the verbal agreement was for 1 year but the lease was never signed. I should have been more forceful on this issue but I'm new to this and wasn't expecting issues so soon


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    #13
    Ms Doubtfire1
    Registered Users Posts: 1,422 ✭✭✭Ms Doubtfire1


    flanders2006 wrote: »
    No I am not living there.

    May also be relevant that the verbal agreement was for 1 year but the lease was never signed. I should have been more forceful on this issue but I'm new to this and wasn't expecting issues so soon

    alsways,always sign a lease. there's no such thing as verbal agreements.read up on your do's and don'ts on ptrsb and threshold. also, if the room is in a metropol, stay away from expensive advertising site and advertise where it's cheap or free.it'll be snapped up


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    #14
    CramCycle
    Moderators, Sports Moderators Posts: 24,613 Mod ✭✭✭✭CramCycle


    If he or you get someone before the end of the month, no issue. If he or you do not, then my understanding is he owes you 2 weeks to account for the months notice. When he pays that you return the deposit or you agree that you can deduct it from the deposit.

    The first scenario is obviously the better one.


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    #15
    Ms Doubtfire1
    Registered Users Posts: 1,422 ✭✭✭Ms Doubtfire1


    CramCycle wrote: »
    If he or you get someone before the end of the month, no issue. If he or you do not, then my understanding is he owes you 2 weeks to account for the months notice. When he pays that you return the deposit or you agree that you can deduct it from the deposit.

    The first scenario is obviously the better one.

    I would agree with that


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    #16
    Hazydays123
    Closed Accounts Posts: 215 ✭✭Hazydays123


    Ms Doubtfire1 wrote: »
    I would agree with that

    For tenants who have the lease of an entire property (ie. not licensees), how much notice do you legally have to give if you need to leave your 1 year lease early?

    If the contract you signed states that you only need to give one months notice then does that supersede all other law?


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    #17
    Ms Doubtfire1
    Registered Users Posts: 1,422 ✭✭✭Ms Doubtfire1


    Hazydays123 wrote: »
    For tenants who have the lease of an entire property (ie. not licensees), how much notice do you legally have to give if you need to leave your 1 year lease early?

    If the contract you signed states that you only need to give one months notice then does that supersede all other law?

    no signed contract ever supersedes the law


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    #18
    Speedwell
    Registered Users Posts: 3,809 ✭✭✭Speedwell


    Ms Doubtfire1 wrote: »
    no signed contract ever supersedes the law

    However, if you were to, say, go in to your landlord's office with your bags packed and asked if it was OK for you to move out in half an hour, and spent that half hour drawing up an agreement you both signed to the effect that you could move out immediately, that would presumably be all right. You just can't legally write it into the lease.


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    #19
    Ms Doubtfire1
    Registered Users Posts: 1,422 ✭✭✭Ms Doubtfire1


    Speedwell wrote: »
    However, if you were to, say, go in to your landlord's office with your bags packed and asked if it was OK for you to move out in half an hour, and spent that half hour drawing up an agreement you both signed to the effect that you could move out immediately, that would presumably be all right. You just can't legally write it into the lease.

    Lol.I don't think you'd need a written agreement for that.if both parties agree to walk away from a contract (or non contract) there is no issue. Contracts and laws are in place to protect either party from 'abuse' so to speak


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    #20
    Speedwell
    Registered Users Posts: 3,809 ✭✭✭Speedwell


    Ms Doubtfire1 wrote: »
    Lol.I don't think you'd need a written agreement for that.if both parties agree to walk away from a contract (or non contract) there is no issue. Contracts and laws are in place to protect either party from 'abuse' so to speak

    It's always good to get "special circumstances" agreed upon in writing. That way in a few weeks, months, or years, when people's memories are not so fresh, there is no question that an agreement was reached.


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    #21
    Ms Doubtfire1
    Registered Users Posts: 1,422 ✭✭✭Ms Doubtfire1


    Speedwell wrote: »
    It's always good to get "special circumstances" agreed upon in writing. That way in a few weeks, months, or years, when people's memories are not so fresh, there is no question that an agreement was reached.

    they can't. there is no such thing as legal special circumstances. these things have to be adressed when they happen.I wouldn't be likely to agree to a clause that says if LL gets the heeby jeebies I'm moving out immideatly and vv? why would anyone.


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    #22
    Hollister11
    Closed Accounts Posts: 5,482 ✭✭✭Hollister11


    Give him his deposit back less advertising fees for your property.. You will have no problem letting the house out again, maybe increase the rent by 50 - 100 quid.


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    #23
    Speedwell
    Registered Users Posts: 3,809 ✭✭✭Speedwell


    Ms Doubtfire1 wrote: »
    they can't. there is no such thing as legal special circumstances. these things have to be adressed when they happen.I wouldn't be likely to agree to a clause that says if LL gets the heeby jeebies I'm moving out immideatly and vv? why would anyone.

    Oh, no, no, you can't write in that sort of agreement ahead of time in the lease. That is exactly what you cannot do. If I were to need to move out of my house in four weeks, I would have to either get my landlord to agree to accept a four-week notice period (in which case we would get it in writing that I proposed such a thing effective on a specified date and they accepted), or accept my responsibility to pay for the entire notice period whether I was actually in the property or not.


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    #24
    Ms Doubtfire1
    Registered Users Posts: 1,422 ✭✭✭Ms Doubtfire1


    Hollister11 wrote: »
    Give him his deposit back less advertising fees for your property.. You will have no problem letting the house out again, maybe increase the rent by 50 - 100 quid.

    that would be illegal.LL can't withhold that

    he can:

    DEPOSITS
    The security deposit is considered the lawful property of the tenant, until the landlord establishes a right to it.
    Tenants are entitled to a refund of the deposit paid at the commencement of the tenancy where there is no rent owing or other charges or taxes (e.g. utility bills, refuge bills, insufficient notice given etc.) in respect of the tenancy and there is no damage to the dwelling beyond normal wear and tear at the end of the tenancy.


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    #25
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Ms Doubtfire1 wrote: »
    tenancy act.as person is not renting a room INSIDE OP's house but is sharing accommodation with 2 others same rights as to a normal tenancy apply.Only thing is the rent currently paid..the notice period is still 28 days as tenancy has lasted up to 6 month. you might have something there if the person has not given you the appropiate notice

    This is very much up for debate. None of the people renting the rooms have exclusive use of the common areas so therefore it can (and has been argued) that they are not infact tenants.

    However in this instance the op is treating it as if they are tenants for sure so it's not really relevant.


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    #26
    Maireadio
    Closed Accounts Posts: 662 ✭✭✭Maireadio


    If you fill the room immediately after he leaves there will be no shortfall on rent. If there is a slight gap between, then he should pay the pro-rata rent of that gap period. But try and fill the room with no gap between; it sounds like he has a genuine reason for moving out again so quickly.

    You having mortgage payments is not a valid reason to hold someone's deposit, it's irrelevant and I can't imagine it would be looked on favourably in a PTRB dispute. I think you've said he's a tenant though.


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    #27
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Hazydays123 wrote: »
    For tenants who have the lease of an entire property (ie. not licensees), how much notice do you legally have to give if you need to leave your 1 year lease early?

    If the contract you signed states that you only need to give one months notice then does that supersede all other law?

    it would be unusual for a 1 year lease to allow a tenant to vacate during it. What would be the point?


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    #28
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Emerald Quaint Hose wrote: »
    This is very much up for debate. None of the people renting the rooms have exclusive use of the common areas so therefore it can (and has been argued) that they are not infact tenants.

    However in this instance the op is treating it as if they are tenants for sure so it's not really relevant.

    The RTB have rule on it and the High Court has agreed with the RTB. The debate is long over.


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    #29
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    flanders2006 wrote: »
    No I am not living there.

    May also be relevant that the verbal agreement was for 1 year but the lease was never signed. I should have been more forceful on this issue but I'm new to this and wasn't expecting issues so soon

    Signed lease or not, doesn't make a difference. When a tenant wants to go, they will.
    Just get another tenant and get over it.


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    #30
    Hazydays123
    Closed Accounts Posts: 215 ✭✭Hazydays123


    4ensic15 wrote: »
    it would be unusual for a 1 year lease to allow a tenant to vacate during it. What would be the point?

    Well this whole thread was started because somebody made a year long commitment to rent a property but then stuff happened in their life and they could no longer honour that commitment....so maybe the lease is just trying to allow for that possibility and put conditions on it.

    Just like there are circumstances where the landlord no longer has to honour the lease (because he needs to sell up/move back into his property).


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    #31
    kronnn
    Registered Users Posts: 119 ✭✭kronnn


    Hazydays123 wrote: »
    Well this whole thread was started because somebody made a year long commitment to rent a property but then stuff happened in their life and they could no longer honour that commitment....so maybe the lease is just trying to allow for that possibility and put conditions on it.

    Just like there are circumstances where the landlord no longer has to honour the lease (because he needs to sell up/move back into his property).

    Actually the LL made a post earlier saying the lease was never signed and it was a "verbal agreement" of a 1 year lease. In which caseim not sure if they have an entitlement to hold onto the deposit as there is no signed lease.
    But if you feel you will be really put out financially OP then you could negotiate with the tenant or give back their deposit when you get someone new. They've left for legitimate reasons not just done a runner because they don't want to live there any more. Be as generous with handing back the deposit as you can.


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