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Landlord terminating lease

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  • 13-07-2015 12:50pm
    #1
    Isco
    Registered Users Posts: 127 ✭✭


    Was just informed by landlord that she wants to terminate our lease. I've been in the apartment since September 2014 and renewed my lease in May 2015 through May 2016. In May two new tenants were added to the lease, replacing two tenants who have since moved out.
    Her reasoning for termination of the lease is that her husband is quite ill which I know to be true, and whiles I respect her wish to minimise any risk of stress, I'm quite upset as since first moving my roommates nor I have violated any terms of the signed lease.


    I'm worried that I will find it extremely difficult to find accommodation in D4/D6 area which will accommodate students for the price that we have been paying.
    Can anyone please give me advice as to what I should do? It would be very much appreciated.


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    #2
    Paulw
    Moderators, Society & Culture Moderators Posts: 13,381 Mod ✭✭✭✭Paulw


    Isco wrote: »
    Can anyone please give me advice as to what I should do?

    Contact Threshold and make sure that you have been served notice correctly.


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    #3
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Check the terms of your lease. If it's a fixed term lease your landlord may not be able to terminate early.


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    #4
    Crosswind
    Registered Users Posts: 73 ✭✭Crosswind


    Her reasoning sounds legit. Even if the law is on your side here, just move on.


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    #5
    Greenmachine
    Registered Users Posts: 5,063 ✭✭✭Greenmachine


    You can sympathise with the landlord, but unless she needs to live in the apartment to make is easier to visit husband in hospital she doesn't have any legal standing. The renting situation in this country is horrible at the moment especially in Dublin. Your landlord could appoint an agent to deal with the lease, if she does not want to be contacted by you directly at this difficult time.


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    #6
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Crosswind wrote: »
    Her reasoning sounds legit. Even if the law is on your side here, just move on.

    It would be equally correct to suggest the tenant has a legit reason not to be turfed out of their home.


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    #7
    Crosswind
    Registered Users Posts: 73 ✭✭Crosswind


    Graham wrote: »
    It would be equally correct to suggest the tenant has a legit reason not to be turfed out of their home.

    The law is on his side from what i understand. Of course he can push it and stay until 2016. I wouldn't though.


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    #8
    padd b1975
    Registered Users Posts: 10,705 ✭✭✭✭padd b1975


    Graham wrote: »
    It would be equally correct to suggest the tenant has a legit reason not to be turfed out of their home.

    On a purely human level, there's no need whatsoever to be a dick about it. Life is a long road with many twists and turns...

    OP, I would agree to move out.

    Having said that, I would make the landlord aware of the difficulties you now face through no fault of your own in finding accommodation in your preferred area.

    I'm sure if you do this politely, she will be flexible in terms of the notice period.


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    #9
    Wanderer78
    Registered Users Posts: 28,876 ✭✭✭✭Wanderer78


    move on op. it sounds like that family is dealing with a serious problem. we ve been there as a family. its not easy at all. even though its not a nice place for you to be, please consider the landlord and their family. best of luck with it


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    #10
    gaius c
    Registered Users Posts: 3,528 ✭✭✭gaius c


    Crosswind wrote: »
    The law is on his side from what i understand. Of course he can push it and stay until 2016. I wouldn't though.

    Sure it's only their home like.

    The landlord can appoint an agent if they are unable to deal with the stress of managing the property at this time.


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    #11
    Arbiter of Good Taste
    Registered Users Posts: 2,200 ✭✭✭Arbiter of Good Taste


    OP - there is the legal way and there is the right way. I'm a firm believer in what goes around comes around. Move on.


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    #12
    Michael D Not Higgins
    Moderators, Society & Culture Moderators Posts: 7,223 Mod ✭✭✭✭Michael D Not Higgins


    Absolutely agree with the agent route. It's no different to any other business and a sick relative is not grounds for terminating a contract.


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    #13
    Wanderer78
    Registered Users Posts: 28,876 ✭✭✭✭Wanderer78


    gaius c wrote: »
    Sure it's only their home like.

    The landlord can appoint an agent if they are unable to deal with the stress of managing the property at this time.

    if only life was that simple. you d be shocked with the true cost of healthcare in this country, particularly when things go badly wrong. this is one less thing for the family to worry about at this time. please move on op. i understand the housing market in dublin is a total disaster at the moment but op do the right thing


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    #14
    Wanderer78
    Registered Users Posts: 28,876 ✭✭✭✭Wanderer78


    Michael D Not Higgins wrote: »
    Absolutely agree with the agent route. It's no different to any other business and a sick relative is not grounds for terminating a contract.


    see post 11!


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    #15
    Michael D Not Higgins
    Moderators, Society & Culture Moderators Posts: 7,223 Mod ✭✭✭✭Michael D Not Higgins


    Wanderer78 wrote: »
    see post 11!

    Maybe a fair compromise would be that the OP can live there while looking for another place and everyone is flexible on the date of moving out.


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    #16
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    As suggested earlier a fair compromise would be for the landlord to appoint an agent or a family member to manage the property. Job done and three people aren't made homeless and no leases are broken.

    Any landlord has to accept that renting a property is a business. I've no doubt it's inconvenient at times but thems the breaks. It's not a hobby, you can't just pop-in and out of it on a whim as it suits your pension/financial planning.

    I'm all for doing someone a good turn but I would draw the line at making myself homeless in the middle of an already short-supplied housing market.


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    #17
    Wanderer78
    Registered Users Posts: 28,876 ✭✭✭✭Wanderer78


    Graham wrote: »
    As suggested earlier a fair compromise would be for the landlord to appoint an agent or a family member to manage the property. Job done and three people aren't made homeless and no leases are broken.

    Any landlord has to accept that renting a property is a business. I've no doubt it's inconvenient at times but thems the breaks. It's not a hobby, you can't just pop-in and out of it on a whim as it suits your pension/financial planning.

    I'm all for doing someone a good turn but I would draw the line at making myself homeless in the middle of an already short-supplied housing market.

    and we re all lucky that we can pick and chose when to get sick how serious that illness is!


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    #18
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Wanderer78 wrote: »
    and we re all lucky that we can pick and chose when to get sick how serious that illness is!

    OP moving out is not going to change any illness. Appoint a family member or an agent and the landlord can continue to received the benefit of the majority of the rent without the stress of managing a tenancy.


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    #19
    Mrs OBumble
    Registered Users Posts: 25,726 ✭✭✭✭Mrs OBumble


    The best outcome here is that the OP finds somewhere to move to, and the move-out date is agreed so that they don't pay rent in two places for any period.

    Being kicked out of your home involves having someone come thru with a load of bin-bags, shove your stuff into them and dump them on the street.

    Having your lease terminated involves being given notice, finding somewhere else to go, and moving in a civilized fashion under your own steam on and agreed date.

    Worlds apart.

    Karma (or whatever you call it) is a bitch, with a long memory.

    OP, be as helpful as you can: don't make yourself homeless, but don't get to hung up on your "rights" either. It is likely that you will need to either pay more, or move to a less desirable area.


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    #20
    Wanderer78
    Registered Users Posts: 28,876 ✭✭✭✭Wanderer78


    Graham wrote: »
    OP moving out is not going to change any illness. Appoint a family member or an agent and the landlord can continue to received the benefit of the majority of the rent without the stress of managing a tenancy.

    its very sad that you along with others dont see the issues with illnesses but not too worry, it will happen to you and your family at some stage, then you ll realise. as i said before its not just cost but the emotional stress also. i know for a fact, our family would not have been able to deal with our past family illnesses if we were in the same situation as this landlord. unfortunately the op is caught in the middle of a complicated situation whereby there is a mixture of system failures, mainly our health care system and our accommodation system mess particularly in the dublin region.


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    #21
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Wanderer78 wrote: »
    its very sad that you along with others dont see the issues with illnesses

    Just because I don't agree with your position does not mean I don't see the issues with illness. You are making a very incorrect assumption.


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    #22
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Mrs OBumble wrote: »
    Karma (or whatever you call it) is a bitch, with a long memory.

    I agree so I'd very wary of using emotional blackmail to force someone out of their home.


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    #23
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,279 Mod ✭✭✭✭The_Conductor


    Wanderer78 wrote: »
    its very sad that you along with others dont see the issues with illnesses but not too worry, it will happen to you and your family at some stage......

    Moderator warning-

    Move on.
    This does not address the OP's issue nor does it do anything other than getting everyone else's hackles up.

    Do not post in this thread again.


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    #24
    Isco
    Registered Users Posts: 127 ✭✭Isco


    If anyone is interested, I came to the conclusion that it is better if I agree to terminate the lease and move on. Thanks to everyone for their advice.


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    #25
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    Isco wrote: »
    If anyone is interested, I came to the conclusion that it is better if I agree to terminate the lease and move on. Thanks to everyone for their advice.

    Could you suggest to the landlady that you take over as chief tenant and everyone is under you. You'd be responsible for collecting the rent,finding new people, sorting repairs, etc. Worth asking imo. All she can say is no.


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    #26
    Arbiter of Good Taste
    Registered Users Posts: 2,200 ✭✭✭Arbiter of Good Taste


    Isco wrote: »
    If anyone is interested, I came to the conclusion that it is better if I agree to terminate the lease and move on. Thanks to everyone for their advice.

    Well done OP. Sometimes its just better to cut your losses and move on.


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    #27
    TheDoc
    Registered Users Posts: 23,137 ✭✭✭✭TheDoc


    As a genuine question, while obviously the LL is in a strenuous situation regarding a family member taking ill, what additional stress is the tenant providing here in the rented accommodation?

    Just thinking of my own arrangement with my landlord (who I've had to contact twice in two years regarding something up in the house), I'm not sure what stress is involved in me sending money via bank transfer once a month.

    Not being smart about it. OP has made a nice gesture and moved on and obviously has been able to find something relatively quickly and it's come to a nice end.

    If that happened to me tomorrow, there would be no loss of stress on me, trying to find similar a similar property in a region where prices are only going up and up. Not to mention to actual logistics of moving my family.


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    #28
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    TheDoc wrote: »
    As a genuine question, while obviously the LL is in a strenuous situation regarding a family member taking ill, what additional stress is the tenant providing here in the rented accommodation?

    Just thinking of my own arrangement with my landlord (who I've had to contact twice in two years regarding something up in the house), I'm not sure what stress is involved in me sending money via bank transfer once a month.

    Not being smart about it. OP has made a nice gesture and moved on and obviously has been able to find something relatively quickly and it's come to a nice end.

    If that happened to me tomorrow, there would be no loss of stress on me, trying to find similar a similar property in a region where prices are only going up and up. Not to mention to actual logistics of moving my family.

    +1 it doesn't entirely make sense.

    If I were the OP's landord here's what I would find stressful.

    1) The loss of a 5 figure income
    2) Discovering my insurance company won't cover the rental house because it's left unoccupied.
    3) Maintaining an empty property.
    4) The worry I'd got an empty property sitting as an open invitation to burglars/squatters.


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    #29
    Arbiter of Good Taste
    Registered Users Posts: 2,200 ✭✭✭Arbiter of Good Taste


    Nobody knows the LL's circumstances and the motivation behind wanting the property empty, so perhaps enough with the second guessing?


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    #30
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Is it possible they want to use it themselves or for visiting family members?


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    #31
    Mrs OBumble
    Registered Users Posts: 25,726 ✭✭✭✭Mrs OBumble


    They may want to sell it to free up cash for medical bills, to just to make up for the lost income.

    The sick husband may have done all the tenancy admin and maintenance, and the wife doesn't know where to start and is worried about what problems might develop.

    At very least, there are tax returns to be done.


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