Do I need a lease?
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Right Winger
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You may also wish to put in clauses saying, for instance:
- no pets (will cause damage!)
- no smoking (likewise)
- property to be cleaned at termination to same standard as when let
- compliance with OMC rules (if appropriate)
and that breach of the above will result in a charge payable to the landlord
- no pets (will cause damage!)
- no smoking (likewise)
- property to be cleaned at termination to same standard as when let
- compliance with OMC rules (if appropriate)
and that breach of the above will result in a charge payable to the landlord
not allowed ban pets
& good luck with the rest.
Terms - defined by legislation, once you are over six months its indefinite so waste of time
limitations - of what?
deposits - also defined by legislation,
sub letting - can't prevent it - Tenant A leaves & you do an inspection to find Tenant B in place - rent is paid, place is well kept - what will you do?
tenant is allowed avail of Rent-a-Room anyway
notice - defined by legislation
Lease = not worth the paper it's printed on, but sure have one if it makes you feel better
Rights and Responsibilities | Residential Tenancies Board
Whether you are a landlord letting out accommodation or a tenant renting accommodation, you both have rights and responsibilities which are set out under legislation.
www.rtb.ie
NoRegretsCoyote
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I think that goes a bit far. It's true that a tenancy can exist in the absence of a lease and that many potential lease terms are irrelevant as RTA provisions will override them.
However if there is a dispute at a later point it's useful for both parties to have it in writing when the tenancy started, where the property is located, what the rent is, etc.
That article doesn’t say that pets cannot be banned by a landlord.Rights and Responsibilities | Residential Tenancies Board
Whether you are a landlord letting out accommodation or a tenant renting accommodation, you both have rights and responsibilities which are set out under legislation.
NoRegretsCoyote
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Indeed it implies that pets can't be banned outright but they can't do damage either.
I suspect there is a kind of "case law" on this in the form of landlord-tenant disputes on the topic of pets. Unfortunately RTB determinations cannot be searched for keywords either via RTB.ie or google as they are embedded in pdfs.
Are pets allowed in the rental property ? | CKP
The law on allowing pets in rented accommodation is unstated, meaning that it is the landlord’s discretion whether to allow pets.
ckp.ie
The house rules of a lot of apartment developments ban pets.
Fortunately, it’s entirely at the discretion of a landlord whether or not to allow pets so those apartments can be rented.
It makes a lot of sense to put a well drafted lease in place to deal with issues like this.
Fortunately, it’s entirely at the discretion of a landlord whether or not to allow pets so those apartments can be rented.
It makes a lot of sense to put a well drafted lease in place to deal with issues like this.
galway_blow_in
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Waste of time as RTB conditions trump anything you might want to put in it
Right Winger
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Absolutely not! Residential Tenancies Act provisions must be complied with and the Act specifically prevents landlords and tenants from contracting out of these provisions.
But the Act is silent on many issues (pets, smoking, payment by standing order, standard of cleaning, garden maintenance to name a few) and landlords are perfectly free to include clauses dealing with these in rental contracts.
In my opinion and experience, landlords would be mad not to address these issues in written agreements. And at the very least, for your own protection, you should have an inventory of contents, and a signed statement verifying the condition of the property at the beginning of a lease.
NoRegretsCoyote
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Imagine you are a landlord and no written contract in place and you have a dispute with the RTB. The tenant could claim that the tenancy is older than it is, that the rent is less than it is, and that all sorts of conditions were verbally agreed that never were. As landlord you would have to disprove all of these false claims before you even got started.
A landlord would be crazy not to have a contract in place.
as I said in my post #2 - Property owner is expected to provide either a lease or a 'rent book'
I don't believe these clauses in your lease are worth a penny if it came to a dispute.
So far as pets are concerned, I would put more in the RTB website (useless though they are) than in an estate agents screen scraped post.
Good luck with issuing a notice to quit because your tenant got themselves a cat.
You also can't charge an additional deposit for pets.
Again, good luck on withholding a deposit for pet damage; even if you succeed it likely won't cover anything near what it will cost to make good.
I don't believe these clauses in your lease are worth a penny if it came to a dispute.
So far as pets are concerned, I would put more in the RTB website (useless though they are) than in an estate agents screen scraped post.
Good luck with issuing a notice to quit because your tenant got themselves a cat.
You also can't charge an additional deposit for pets.
Again, good luck on withholding a deposit for pet damage; even if you succeed it likely won't cover anything near what it will cost to make good.
Except that, as pointed out already, the RTB site simply doesn't say that a landlord cannot apply a "no pets" rule.
But the RTB website doesn’t say a landlord cannot ban pets, which was your original (mistaken) claim.