What are my options?

Ohoopee

So six months ago, my girlfriend and I signed a 12 month lease on a house about 20 min from the town where we both worked. It is in a pretty remote location but my girlfriend fell in love with the house. Anway two days ago my girlfriend or should I say Ex-girlfriend walked out. Basically she felt trapped by the isolation. She went away, came back with her brother and removed all of her belongings from the house, moved back in with her father. Now she signed the lease too...I signed it and she signed it so both of us are liable. I can't afford the rent without her...when I told her this, she gave me all but 50 Euro of next months rent and told me she would still pay rent until the lease expired then went away. Well call me skeptical. She has been fairly sheltered growing up and is immature and I don't think the gravity of the situation has hit her. I have not went to the land lord yet to tell her what is happening because I want to know my rights first. First of all, if she does not pay me any more rent, what can I do about it? As I said, I can't pay the rent on my own...the only reason I got the house was because she signed the lease with me.

My second question is, based on the circumstances, does this give me any leverage to break the lease? The thing is now I am trapped in a constant reminder of everything that happened...alone. I just honestly don't want to be here anymore now...I am scared that she won't pay me her part of the rent...and I won't be able to afford it without her....I am also afriad of being homeless because I am not sure I can afford rent anywhere by myself because there aren't many house or flat shares around when my lease expires...which is why I would rather break it now while there are options available. Would love to get your advise.

LincolnHawk

She's not going to pay you that rent

Ohoopee

LincolnHawk wrote: »

She's not going to pay you that rent

That is fully what I am fearing....but I think she has too...her name and signature are on the lease just like mine. I just went over the lease and reread it...it does talk about a break clause but doesn't really say much about it....doesn't say there is no break clause though.

Zenify

Ohoopee wrote: »

That is fully what I am fearing....but I think she has too...her name and signature are on the lease just like mine. I just went over the lease and reread it...it does talk about a break clause but doesn't really say much about it....doesn't say there is no break clause though.

Breaking a lease is very easy you just don't pay. Negatives only involve losing deposit and maybe a reference. Best thing is talk to landlord and see what they say.

Ohoopee

Zenify wrote: »

Breaking a lease is very easy you just don't pay. Negatives only involve losing deposit and maybe a reference. Best thing is talk to landlord and see what they say.

Is breaking a lease easy? I have honestly never had to break one before...ever... I was reading an older topic on boards.ie and people were making out like breaking a lease was a pretty big deal. I expect to lose the deposit...half of which is hers...but so be it... If i can get out of the lease with only losing a deposit, I will gladly give it up.

GGTrek

Ohoopee wrote: »

Zenify wrote: »

Breaking a lease is very easy you just don't pay. Negatives only involve losing deposit and maybe a reference. Best thing is talk to landlord and see what they say.

Is breaking a lease easy?  I have honestly never had to break one before...ever...  I was reading an older topic on boards.ie and people were making out like breaking a lease was a pretty big deal.  I expect to lose the deposit...half of which is hers...but so be it...  If i can get out of the lease with only losing a deposit, I will gladly give it up.

OP, please ignore most of the advice received so far except the one who told you to communicate with the landlord. Unfortunately I see so much bad advice in this forum lately. My strong advice is to communicate immediately this change of situation with your landlord and negotiate an exit deal. The main issue with a very remote location is that it could be very difficult for your landlord to re-let and he could chase the missing rent until he/she finds a new tenant (usually he has to show a reasonable effort), that is why early communication and an amicable exit agreement is the best solution for you both (you might even be able to get back part of your deposit).

There is a way in Irish law to substantially limit your losses when breaking a fixed term lease (they just don't call it breaking a lease but it is exactly the same thing), but I am not a scamming legal advisor and I despise profoundly the s...y RTA and the politicians who drafted the RTA and amended it over the years, so you are on your own for this.

jlm29

Talk to your landlord, explain the situation- there might be nothing to worry about. Rental properties are (in a lot of areas) in high demand at the moment, so they might be happy for you to break your lease. Is it a 2 bedroom house? You could also advertise a room for someone else to rent if your landlord was ok with that? That would save the search and the move
I think you can also look to reassign the lease to someone else, but I don’t know the details.

Grumpypants

Talk to the landlord, he is most likely human and will understand that you are in a tight spot through no fault of your own and ye can make a deal.

Don't do something daft like stopping to pay rent, walking out or ignoring it hoping it will go away.

You mention there aren't a lot of places to rent nearby, this indicates he shouldn't have much trouble getting new tenants.

You might lose some or all of the deposit, but half of it is your ex's, so it's not too big a hit.

Ohoopee

Thank you, you guys are making feel better about it. Still playing devils advocate, what happens if I contact the land lord and they play hard ball and won't let me out of the lease?

Grumpypants

If he acted like a complete ass you could tell him your half of the rent will be paid on time and he can contact your ex to organize payment of the other half.

But more likely he will either ask you if you want to find someone to move in with you, or maybe ask for the loss in rent between you moving out and new people moving in. You could help this by being open to him coming and showing the house to potential tenants during your final month.

dudara

Ohoopee wrote: »

Thank you, you guys are making feel better about it. Still playing devils advocate, what happens if I contact the land lord and they play hard ball and won't let me out of the lease?

You are technically breaking the lease, but you should offer to reassign the lease. This means that you advertise the place, find suitable replacements and present them to the landlord. If he refuses, then you can exit the lease without penalty as you have made every effort to minimise the landlord’s losses.

Look, I believe that most landlords are decent. Ring him, talk to him, explain you situation and say that you will work with him to find replacements ASAP.

Ohoopee

dudara wrote: »

You are technically breaking the lease, but you should offer to reassign the lease. This means that you advertise the place, find suitable replacements and present them to the landlord. If he refuses, then you can exit the lease without penalty as you have made every effort to minimise the landlord’s losses.

Look, I believe that most landlords are decent. Ring him, talk to him, explain you situation and say that you will work with him to find replacements ASAP.

Ok I'll offer to try to reassign the lease...but to be honest I am not well connected in this part of the country...not sure if I will be able to do much more than the land lord themselves could do...but I'll make the offer anyway...thank you.

Lolle06

Good morning,

I am sorry that you find yourself in this situation.

If your landlord is decent, he will understand your situation and work with you on a solution.

He gains nothing from dragging you through a legal process, as this takes time and money.

As long as you pay your half of the rent on time, he shouldn’t be too bad off - especially if he keeps your deposit in the end.

You mentioned that it wouldn’t be easy for you to find other accommodation, so I presume the town you work in is popular?

There are always people who look for accommodation these days - as long as the house is decent and the rent affordable. A 20 minute drive is a nuisance, but if you are working full-time and have no kids, it‘s not too bad. And some people actually prefer remote locations.

If you and your LL agree on looking for a new tenant, start by putting a notice up in local shops, before you put it on Daft.
Word-of-mouth in smaller towns is a good way to advertise, too.

All the best to you!

notharrypotter

As long as you pay your half of the rent on time

Read your lease.
You may find that you are both liable for all the rent, not half and half, there is a legal definition for this.
So it is very likely that in her absence you are now liable for all the rent.

Talk to your landlord pronto.

davo10

notharrypotter wrote: »

Read your lease.
You may find that you are both liable for all the rent, not half and half, there is a legal definition for this.
So it is very likely that in her absence you are now liable for all the rent.

Talk to your landlord pronto.

Joint and several liability is the legal term.

Tenigate

notharrypotter wrote: »

You may find that you are both liable for all the rent, not half and half, there is a legal definition for this.

Jointly and severally liable

Op, find out what's the cost of breaking the lease.

If you figure you don't want to or can't break the lease look into subletting a room in the house. Maybe your landlord would be agreeable to that. Alternatively find someone to take over the lease.

Askthe EA

What do you want out of this OP? Do you want to stay in the house?

If you do, you have a few options;

You can talk to your landlord, explain the situation to them. You could request amending the lease to allow you to get a housemate to replace your exes name on the lease. Once the applicant is ok by the LL, problem solved.

You can talk to your landlord and ask for a rent reduction that you can cover yourself. They arent likely to agree however.

If this doesnt work, you can offer to assign the lease as a whole to another person(s). You find replacement tenants that are acceptable to the landlord who effectively take over the balance of the lease from you.

Lastly, your landlord may feel sorry for you and agree to terminate the tenancy.

Whatever you do, talk to your landlord and keep paying rent. As above, both lease signatories are jointly and severely liable for the rent, doesnt matter if your ex stops paying, the LL can pursue both of ye for rent arrears.

Try not to overthink it, have a chat to the LL, they may be happy to let you go. Good luck with it.

Mrs OBumble

+1 to the above.

Or since it's a remote location, they may be happy to drop the rent for a while You won't know until you ask.

Ohoopee

I am going to call the landlord tomorrow. My supervisor at work used to be in real estate. He advised me, since at the moment I am all current on rent...next months rent is due January 2...to tell the landlord that I won't be able to pay next months rent as well...offer to let her keep the deposit to cover next months rent and then move...that way I don't have to pay her twice...because he said if she knows i can pay next month, she is going to want me to pay AND keep the deposit...So that is what I am going to do..tell here that the rent is just not sustainable alone and that I think it is better for both parties to part ways...put it in writing which I am working on now and be out by the end of January.

I'll let everyone know what the land lord says.

spaceHopper

Sorry about your girlfriend. It could be worse, you could be married with kids and have her strom out.

I would be straight with your LL, don't spoof that you don't have the money. Firstly she may know somebody looking for a place or to share a place, you could find somebody yourself, any friends that want to move out of home or stick up an add, you have till the end of January and more.

Have you somewhere else to go?

You shouldn't use the deposit as last months rent but happens. So think of it as using the deposit as half of last two months rent. Not you've covered January, February and March so 9 of 12 covers.

Also your ex will be living at home so she has the money to pay her half.

Ms Doubtfire1

Is it exactly 6 month ago? what date did you sign the lease exactly? You need to keep in mind that in the first 6 month of any lease you can leave without having to givce a reason - in the same way the Ll can cancel the lease without giving a reason.

Graham

Ms Doubtfire1 wrote: »

Is it exactly 6 month ago? what date did you sign the lease exactly? You need to keep in mind that in the first 6 month of any lease you can leave without having to givce a reason - in the same way the Ll can cancel the lease without giving a reason.

I suspect you're confusing a lease with the acquisition of part 4 rights.

Ohoopee

I just got off the phone with the landlord...she was so apologetic as to what happened to me. She is giving me a discount in rent for next month and let me pay it in two installments at a discounted rate and is letting me break the lease. The deposit hasn't been mentioned yet by either of us...not sure if I should just assume the deposit is gone....but the important part is, the landlord is letting me out of the lease. I have to be out of the house by 1st of Feb. Now I have to find a place....I am shocked how few houseshares there are available...and so expensive now...back when I was looking for houseshares in years past, there were so many of them and so cheap...now the pressure is on.

April 73

Ohoopee wrote: »

I just got off the phone with the landlord...she was so apologetic as to what happened to me. She is giving me a discount in rent for next month and let me pay it in two installments at a discounted rate and is letting me break the lease. The deposit hasn't been mentioned yet by either of us...not sure if I should just assume the deposit is gone....but the important part is, the landlord is letting me out of the lease. I have to be out of the house by 1st of Feb. Now I have to find a place....I am shocked how few houseshares there are available...and so expensive now...back when I was looking for houseshares in years past, there were so many of them and so cheap...now the pressure is on.

Shhhh - keep it quiet - there are some decent landlords out there. Some people don't believe they exist.

So if there are so few house shares would you not be better to stay where you are and advertise for a flatmate to share with you? I'm presuming there is more than one bedroom?
Why make things more difficult for yourself?

Ohoopee

From talking it over with the land lord, they don't really want to go that route. They want to kind of have a say over who is living in the house...they live to far away to come over and meet every individual person who might come over to see the house...so this isn't really an option.

April 73

Ohoopee wrote: »

From talking it over with the land lord, they don't really want to go that route. They want to kind of have a say over who is living in the house...they live to far away to come over and meet every individual person who might come over to see the house...so this isn't really an option.

Won't they have to do that if they relet it anyway though? If it's not something you want to do yourself there's no point arguing it with the LL, but if you did want to stay on it might be worth a further discussion?

Ohoopee

April 73 wrote: »

Won't they have to do that if they relet it anyway though? If it's not something you want to do yourself there's no point arguing it with the LL, but if you did want to stay on it might be worth a further discussion?

To be honest with you, the land lord is being very good about it..it's not that I don't want to stay but when the lease expires, I'll hprobably have to leave anyway unless the ll is willing to redo the lease...she will have to as my girlfriend has already broken the lease basically...and I don't want to be the only person on the lease... Landlord said she really doesn't want to get into a househare situation...she could have been very bad and played hard ball so I am just counting myself lucky and am just going with what she suggested.

The Student

April 73 wrote: »

Shhhh - keep it quiet - there are some decent landlords out there. Some people don't believe they exist.

So if there are so few house shares would you not be better to stay where you are and advertise for a flatmate to share with you? I'm presuming there is more than one bedroom?
Why make things more difficult for yourself?

We do and there are a lot more of us than people think.

Ohoopee

The Student wrote: »

We do and there are a lot more of us than people think.

The last land lord I had only cared about money...I wasn't a human being, I was a draft that went into their bank accounts once per month...it is like anything, the bad ones, give all of you a bad name.

The Student

Ohoopee wrote: »

The last land lord I had only cared about money...I wasn't a human being, I was a draft that went into their bank accounts once per month...it is like anything, the bad ones, give all of you a bad name.

Unfortunately there are good and bad on both sides. Its not easy for either tenants or landlords at the moment. Hopefully it will improve for all concerned in 2018.

Ohoopee

The Student wrote: »

Unfortunately there are good and bad on both sides. Its not easy for either tenants or landlords at the moment. Hopefully it will improve for all concerned in 2018.

Oh no doubt there are bad tenants as well and I know it is very difficult for a land lord to met a person one time and determan who is going to be a good tenant and a bad one. I am just surprised at how much prices have risen just this year.... I am looking at houseshares that are 500 Euro a month...for a houseshare....outragous!!!! That is only 200 less per month than I am paying for this whole house!!

The Student

Ohoopee wrote: »

Oh no doubt there are bad tenants as well and I know it is very difficult for a land lord to met a person one time and determan who is going to be a good tenant and a bad one. I am just surprised at how much prices have risen just this year.... I am looking at houseshares that are 500 Euro a month...for a houseshare....outragous!!!! That is only 200 less per month than I am paying for this whole house!!

Its due to supply and demand but also due to the govts meddling. I have heard of a few landlords leaving properties vacant because they fear what next hare brained scheme the govt will introduce.

If we had a properly functioning system it would be easier for all involved.

The Student

Ohoopee wrote: »

Oh no doubt there are bad tenants as well and I know it is very difficult for a land lord to met a person one time and determan who is going to be a good tenant and a bad one. I am just surprised at how much prices have risen just this year.... I am looking at houseshares that are 500 Euro a month...for a houseshare....outragous!!!! That is only 200 less per month than I am paying for this whole house!!

A simple solution is to extend the rent a room scheme to private landlords and there would be no incentive to increase rents.

Ohoopee

The Student wrote: »

Its due to supply and demand but also due to the govts meddling. I have heard of a few landlords leaving properties vacant because they fear what next hare brained scheme the govt will introduce.

If we had a properly functioning system it would be easier for all involved.

Supply and demand is one thing but I just don't see hwo they expect people to afford this. Most of the people around here who get houseshares are students who look for temp accomidation during the summer so they can get a summer job. I work in a big Hotel town...nothing but Hotels....hotel workers don't make much money...I myself work at a hotel...these students gettings summer work as bartenders and waiters are not going to be able to afford 500 per month.

The Student

Ohoopee wrote: »

Supply and demand is one thing but I just don't see hwo they expect people to afford this. Most of the people around here who get houseshares are students who look for temp accomidation during the summer so they can get a summer job. I work in a big Hotel town...nothing but Hotels....hotel workers don't make much money...I myself work at a hotel...these students gettings summer work as bartenders and waiters are not going to be able to afford 500 per month.

Rents are also high due to the risk of rogue Tennant's and the difficulty and cost of getting rid of them. I have personal knowledge of a friend who lost €30k through lost rent, property damage and legal fees to have a tenant evicted.

This is one of the reasons rents are the price they are. Evictions should be completed within 3 months. Until this is changed prices wont decrease. One bad tenant can destroy a landlord.

Ohoopee

The Student wrote: »

Rents are also high due to the risk of rogue Tennant's and the difficulty and cost of getting rid of them. I have personal knowledge of a friend who lost €30k through lost rent, property damage and legal fees to have a tenant evicted.

This is one of the reasons rents are the price they are. Evictions should be completed within 3 months. Until this is changed prices wont decrease. One bad tenant can destroy a landlord.

Anything that lowers rent has my support.