Apartment was sublet without my knowledge

[dublinaam]

Hi,

I recently discovered my tenant has been subletting my apartment on short term rental websites. I am not sure if they ever actually stayed there themselves although they claim they only did it a few times (minimum of 10 by my estimates and they only have been there 4 months).

What should I do here?

I believe I cannot even evict them and can only give a breach of lease warning letter which seems bonkers.

 

[DannyBoyD]

Document, document, document.

There was a case in RTB on this (last year?) and it was in the IT as well. I know it was discussed on this board, so a bit of searching will pull it up.

You could even get a friend to make a booking.

 

[peemac]

As they are using the apartment for commercial purposes, you can terminate their lease.

Good article here from 2022

https://www.irishtimes.com/property...enants-are-advertising-my-property-on-airbnb/

basically get them out now.

 

[DannyBoyD]

Dig out the RTB case as well.

 

[Brendan Burgess]

Be careful before you try to kick them out.

Presumably if it's a two bed apartment, they are entitled to airbnb the second room?

Or if they are away for two weeks, they are entitled to rent it out to someone else for those two weeks?

 

[DannyBoyD]

two bed apartment, they are entitled to airbnb the second room?

Subletting requires owners permission.

 

[dublinaam]

It is a 1 bed so they are renting it on entirely

 

[Brendan Burgess]

Subletting requires owners permission.

And have there been RTB cases on the issue?

If someone sublets while they are on holiday for two weeks, are they voiding the lease?

I fully appreciate that someone who rents a place and then airbnbs it without ever living in it, would have no defence.

 

[Sue Ellen]

I know it was discussed on this board, so a bit of searching will pull it up.

Perhaps something useful in previous AAM, Boards and Google threads here.

 

[Brendan Burgess]

Landlord ordered to pay back rent and deposit to tenant subletting out apartment

Residential Tenancies Board says landlord should have issued warning notice to terminate the tenancy

www.irishtimes.com

So the landlord was right to terminate the tenancy, but should have given notice so changing the locks was not on.

 

[Sarenco]

Subletting without landlord consent is a breach of the tenancy agreement.

The first step is to issue a warning letter, which does not need to be copied to the RTB, outlining the breach and giving them a reasonable time to rectify same. I would attach copies of any relevant ads and make sure you keep a copy for your self and send by certified post.

If the breach continues, you can issue a formal notice of termination, copying the RTB.

Good luck!

 

[DannyBoyD]

If someone sublets while they are on holiday for two weeks, are they voiding the lease?

Strictly speaking, yes but I doubt you'd even know about it to be honest.

And unless you had multiple other issues to add, I wouldn't consider this for a second as eviction grounds.

 

[Sarenco]

No, subletting does not void the lease. Subletting without landlord consent is a breach but the tenancy remains in effect.

The tenant must be given a warning and an opportunity to remedy the breach within a reasonable timeframe.

If the breach continues, then a notice of termination can be issued.

 

[LS400]

The tenant must be given a warning and an opportunity to remedy the breach within a reasonable timeframe.

Which makes it worth while for some people trying their luck.. Not exactly dissuasive is it..