Fixed term lease and joint liability

Baby01032012

Hi all,

I have tenants who signed a 12 month lease on 1 August 2017. They took the 2 bedroom apartment together and both signed the lease as tenants.

Now theyve decided they cant live together. The guy has moved out without notice. The girl gave 28 days notice as under 6 months. She has declined to find tenants herself. Ive accepted this and advised that rent is due until I can find new tenants which I expect not to take too long. Im letting it myself to reduce costs.

She claims to have spoken to RTB and solicitor and theyve told her that she is not jointly liable, can not be held liable for her co leasee. And that unpaid rent can not be withheld from the deposit. Which ive told her is not true.

So the guys half deposit will be gone as he didnt pay rent for January. Her half deposit will be returned less any rent until new tenants in place and any reasonable costs of reletting and any damages.

While i know the law id like your opinions given what the girl said she was told.

amcalester

It really depends on what’s written in the lease but it’s usually the case that they are jointly liable.

Does your lease allow for a break in the first 6 months?

The_Conductor

Its called 'jointly and severally liable'.
Have a look in the lease you had them sign- it sounds like she is talking through her hat- however, the letter of the law- is what you put in the lease.

4ensic15

This case deals with the issues raised here.
https://www.rtb.ie/docs/default-source/tribunal-reports/tr0716-001857-dr0316-25093-report.pdf?sfvrsn=0

CeilingFly

You can be 100% certain she has neither spoken to a solicitor or the rtb.

Call her bluff

Ask her who she talked to in rtb and advise her to get a new solicitor as her current one seems not to understand some very basic legal terms and you'd be concerned that she'd trust such a incompetent solicitor with any major issue.

Watch her change attitude.

Baby01032012

Thanks for all the responses. I think I'm pretty well covered in the lease. I copied the relevant sections which I'll send on to the tenant if they persist with their view.

2.4 whenever there is more than one tenant each and every covenant and obligation can be enforced against all the tenants jointly and against each individually.

4.7 when the tenancy ends, to repay the security deposit to the tenant without interest, after all amounts due to the landlord under the terms of this agreement or following breach of any of its terms have been deducted.

6.3 landlord shall refund to tenant the said deposit less deduction..together contained with a deduction in respect of any rent due by the tenant as of termination of this agreement.

Mrs OBumble

Forget about the legals - they won't help you get any cold hard cash out of her.

Focus in the re-letting.

Claw Hammer

Mrs OBumble wrote: »

Forget about the legals - they won't help you get any cold hard cash out of her.

Focus in the re-letting.

The legals are critical when it comes to the RTB and claims for deposits from scumbags who sign contracts they don't honour and tell lies.