how much rent do I owe my tenants?

M

McGann

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Hi,

I gave my tenants notice to leave. they have now found another place to rent. they 800 euro rent to me on the 16th February and are leaving on Wednesday 29th February. Can anyone tell me how much I owe them?
mcgann
 
I gave them notice to leave because I want to move back into apartment, as I want to move back into to as soon as possible I was happy for them to move out before the due date
 
I make it €289.09 - 30.44 days per month less 11. If they were good tenants I'd round it to €300.
 
I wasnt sure because I was working it out for february/march and february is a short month
 
becky said:
I make it €289.09 - 30.44 days per month less 11. If they were good tenants I'd round it to €300.
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Other way round, they owe the €289, he owes the balance.
Although by my reckoning, they owe for 13 days, so he should be giving them €460 back.

Trying to sting them for more because of the short month is low, particularly when they are accomodating you. Base it off the annual rent.
 
I worked it out as me owing 442.00 - but your right berni basing it off annual rent would be fairer. They were good tenants and I prided myself on being a good attentive landlord. thanks for replies
mcgann
 
McGann said:
I gave them notice to leave because I want to move back into apartment, as I want to move back into to as soon as possible I was happy for them to move out before the due date
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If you have a fixed term agreement with the tenants, you cannot give them notice to leave just because you want to move back in. Basically, a fixed term lease cannot be broken by either landlord nor tenant except for breach of obligations.

Be very careful as there are very hefty fines for illegal eviction (10-20k). The tenants may appear to be willing to move, and then make a claim with the PRTB for damages for illegal eviction (especially tenants in the know).

If you did not sign an agreement with the tenants, then they probably have a Part 4 tenancy, in which case you can issue a Notice of Termination (in the prescribed manner as laid out in the Residential Tenancies Act 2004) on the grounds that you want the property for your own use. However, you must give the tenants the prescribed notice period, depending on how long they have been in occupation of the property.

If any Notice of Termination that you gave the tenants was not in written form and giving all the information required as per the RTA 2004, then the notice is invalid and you may be liable for illegal eviction.

To calculate the daily amount, take the monthly rent figure and multiply it by 12. Then divide the result by 365 and that gives the daily rent. Multiply the daily rent by the number of days to get how much they should pay.
 
The tenants will be 3 years renting on the 16th March. after the first year they requested that our agreement would be on a month to month basis and I agreed reflecting this agreement in a new contract. 2 weeks ago I gave them 56 days notice that I needed the apartment to move back in as my permanent home. They understand my reasons for moving back in. They have one child and a baby on the way and I think they would be better off in a house with more bedrooms which they have now found and have signed an agreement to move into the house on the 1st March 2012. I hope the scenario you describe does not happen as I believe I was a very good landlord and they in turn were good tenants.
thank you for the advice on calculating the rent figure owing.
regards
Mary.
 
Sounds like you have a periodic lease, then. Although, I think a periodic lease goes from period to period and can be terminated with a period's notice, you did safeguard yourself by giving them 56 days notice.
 
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