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Lease termination query

  • 15-07-2018 11:05pm
    #1
    omb0wyn5ehpij9
    Closed Accounts Posts: 16,095 ✭✭✭✭


    We recently received notice that the apartment we are renting is to be sold. We have been in the apartment less than 6 months so are due 28 days notice. The written notice was received this week, and it gives 31 days notice. Is this considered invalid as the the notice period should only be 28 days?
    The notice states we have to leave on or before a certain date. If somewhere new is found and we have to take it within a couple of days, what is the best way of leaving the current apartment? Do we have to still give the 28 day notice to our landlord even though there aren’t 28 days left on our lease?

    I know these are basic questions and I’m fairly sure of the answers but I just want to make sure I’m 100% due to an issue that looks to be arising


Comments

  • #2
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    Its 28 minimum notice- 31 days notice is totally acceptable- indeed- if they gave you your notice on the very day you moved in- it would be equally valid.
    Its a minimum notice period- not a specific period. Providing the notice itself is valid- there is absolutely nothing wrong whatsoever with it being for 31 days, as opposed to 28 days.


  • #3
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    BDJW wrote: »
    We recently received notice that the apartment we are renting is to be sold. We have been in the apartment less than 6 months so are due 28 days notice. The written notice was received this week, and it gives 31 days notice. Is this considered invalid as the the notice period should only be 28 days?
    The notice states we have to leave on or before a certain date. If somewhere new is found and we have to take it within a couple of days, what is the best way of leaving the current apartment? Do we have to still give the 28 day notice to our landlord even though there aren’t 28 days left on our lease?

    I know these are basic questions and I’m fairly sure of the answers but I just want to make sure I’m 100% due to an issue that looks to be arising

    Is the notice headed "Termination Notice"? Are you in a fixed term lease? Does the notice give you the whole 24 hours of the last day to vacate?


  • #4
    omb0wyn5ehpij9
    Closed Accounts Posts: 16,095 ✭✭✭✭omb0wyn5ehpij9


    4ensic15 wrote: »
    Is the notice headed "Termination Notice"? Are you in a fixed term lease? Does the notice give you the whole 24 hours of the last day to vacate?

    I’m not sure if it’s header Termination Notice, but I’m almost certain it. We are in a fixed term lease and it does give us the whole 24 hours of the last day to vacate


  • #5
    TheChizler
    Registered Users, Registered Users 2 Posts: 9,514 ✭✭✭TheChizler


    BDJW wrote: »
    I’m not sure if it’s header Termination Notice, but I’m almost certain it. We are in a fixed term lease and it does give us the whole 24 hours of the last day to vacate
    How long is the fixed term lease for? How long do you have remaining? Is there a break clause in the event of the place being sold?

    You shouldn't be given notice during the fixed term at all, and I'm not sure break clauses are even allowed. Sounds a bit dodgy.


  • #6
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    If you are in a fixed term lease you can object to the notice to the RTB. You can then negotiate with the landlord about moving out.


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  • #7
    ELM327
    Registered Users, Registered Users 2 Posts: 22,635 ✭✭✭✭ELM327


    Fixed term lease = no breaking of it by either party.


  • #8
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    ELM327 wrote: »
    Fixed term lease = no breaking of it by either party.

    Unless the lease provides for it.


  • #9
    ELM327
    Registered Users, Registered Users 2 Posts: 22,635 ✭✭✭✭ELM327


    4ensic15 wrote: »
    Unless the lease provides for it.
    Of course.
    But if it did, I'm guessing the OP would have referred to the notice stating same.


  • #10
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    ELM327 wrote: »
    Of course.
    But if it did, I'm guessing the OP would have referred to the notice stating same.

    The O/P didn't even say he was in a fixed term lease initially.


  • #11
    omb0wyn5ehpij9
    Closed Accounts Posts: 16,095 ✭✭✭✭omb0wyn5ehpij9


    Just to give a bit more detail, we signed a 1 year lease approximately 4 months ago. I will dig out the lease tonight and double check, but I don't think there was a break clause in it


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  • #12
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    BDJW wrote: »
    Just to give a bit more detail, we signed a 1 year lease approximately 4 months ago. I will dig out the lease tonight and double check, but I don't think there was a break clause in it

    In which case- you have the protections afforded by the fixed term lease- which are in addition to any rights you have under the Residential Tenancies Act (and cannot detract from them in any manner).


  • #13
    3DataModem
    Registered Users, Registered Users 2 Posts: 4,077 ✭✭✭3DataModem


    In this spot the best course of action is negotiation with landlord. As a landlord given your situation I’d be offering a months free rent as an incentive to break lease.


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