Renting Apartment 3 months. Can they make me leave?

[Klesser]

I moved into a rented apartment about 3 months ago. I have signed a lease for 1 year. Just got a call from landlady to say her sons house went on fire and him and his wife have nowhere to stay so she wants me out ASAP so they can move in!

Surely she cant ask me to leave so her son can move in?

 

[CCOVICH]

I very much doubt it-especially not for the reasons given. Have you had a look at www.prtb.ie to see what they have to say about your rights? Does the lease say anything about unilateral termination?

 

[moondance]

That's awful klesser, I can't see how they could get away with it. Citizens information may also be able to advise you.

 

[Klesser]

Lads i just checked with citizens information and because i havent been there for over 6 months they can give ask me to leave without giving a reason and even if i had been there for longer it would still be an acceptable reason to give me notice to quit. It seems I have 28 days to find a new place!
It is so hard to find a decent place in kilkenny for a mother and a child. I was looking for ages before i found this apartment. This is so unfair. Anyone any ideas what to do?

 

[moondance]

In that case there isn't much you can do apart from start looking for somewhere else. Contact all the local estate agents and letting agents and get them to search for you. Have you any family nearby that you could stay with in the short term if you don't get sorted in time?

 

[Seagull]

Tell the owner that you will be staying for the full 28 days. That might cause them to look elsewhere for accommodation for the son and family.

 

[ClubMan]

Anyone any ideas what to do?

Maybe double check by, for example, giving Threshold a shout? For example [broken link removed] makes me wonder...

The amount of notice depends on how long you have
been living in the accommodation. The minimum notice
period is 28 days, although there are exceptions. Your
landlord must give you a reason if you have been living in
the property for longer than six months. If you have a
lease, you have more security.

 

[Staples]

Please contact Threshold.

http://www.threshold.ie/

From browsing thie site, it seems there's a disctinction between tenents with a lease and those without. If no lease exists, a landlord can give you 28 days notice to leave within the first six months but a signed lease offers you more protection. The site isn't specific so it might be worth contacting Threshold directly.

You might also consider a solictor. A lease is a legal contract so it must surely offfer some protection. Why have it otherwise?

 

[ClubMan]

Snap!

 

[Klesser]

Thanks guys, Il contact threshold in the morning when im a little calmer. I really hope i dont have to move again so soon but even if they dont legally have a right to make me move Im pretty sure they could make it difficult for me if I stay. Id like to repeat its not fair!!

 

[ClubMan]

even if they dont legally have a right to make me move Im pretty sure they could make it difficult for me if I stay.

If you did have a legal right to stay (and the Threshold snippet at least holds out that possibility) then they would have no right to "make things difficult" for you and you should not have to put up with such tactics if they did arise. What notice period (if any) does the lease specify?

 

[ClubMan]

[broken link removed] is also pertinent (highlighting is mine):

Fixed-term tenancies

A fixed-term tenancy is an agreement that covers a specific amount of time. The agreement is generally set down in writing. This written contract is called a lease. A lease may be for any period, but can range from as little as six months up to a year or more. The lease will state how much rent you have to pay, how often you have to pay it and other conditions. You are strongly advised to make sure that you understand the terms of the lease before you sign it. A lease is a binding contract between you and the landlord and contains important information on the terms of your tenancy. (In particular, it should contain information on what will happen if either of you break the terms of the agreement.)

Note that the 28 days notice in the first 6 months seems to apply to "Part 4" tenancies whatever they are....

Part 4 tenancies

Your landlord can terminate a tenancy without giving a reason during the first six months of the tenancy.

 

[Madangan]

I moved into a rented apartment about 3 months ago. I have signed a lease for 1 year. Just got a call from landlady to say her sons house went on fire and him and his wife have nowhere to stay so she wants me out ASAP so they can move in!

If you have a 0ne year lease then unless there is a break clause in it then you cannot be made leave.

The PRTB does not really apply as your written lease in this case gives you even better rights than the Act.

If your lanllady wants to make things difficult you can equally make things difficult for her. First ask her if she has met her obligation to The PRTB by registering with them,tell her you will get them on board to resolve the dispute for you(by the time they get around to dealing with the dispute/telling you they cant help the year will be up as according to other AAM threads they are very slow).

If you dont want/have the stomach to fight tell her you will leave in a period that suits you say 3 months provided she gives you a sweetener.e.g a rent free period etc..

 

[MrMan]

Do you really need the hassle of contacting solicitors etc when your best bet is to just start looking for a new place. Could you ask the landlord if they can try and organise a new place for you (they may have contacts), pointing out that you would move quickly if something suitable (at right price) becomes available. If you have them working for you you will have a chance of greater long term stability for you and your child . It isn't fair that after all the time spent looking you are being asked to leave, but the flipside is I doubt the landlords family are happy to go through the trauma of losing their house to a fire.
I don't think it is in your interest to fight your corner to stay the 12 months ,but do state that you cannot leave until suitable, affordable accommodation is arranged, even if it means staying beyond 28 days.

 

[Ron Burgundy]

Do you really need the hassle of contacting solicitors etc when your best bet is to just start looking for a new place.

thats what most landlords expect, maybe if more people in this contry stood up for themselves this sort of thing wouldn't arise as much.

I'd check all available avenues and suit yourself, a contract has 2 sides and both should be lived up to and not just the person renting.

 

[TreeTiger]

I imagine that a typical rental contract would have a clause somewhere to cover what happens if either party wishes to terminate the contract early.

Say, for example, you were transferred in your job to another part of the country three months into a 1 year rental contract. You would obviously hope to be able to terminate the contract rather than have to pay for the full year, but I imagine you would expect to have to pay a penalty for breaking the contract, maybe lose a month's deposit or have to pay until the property is re-let?

The boot being on the other foot, I would expect that it is reasonable that the landlord should have to suffer a financial loss for terminating your agreement early. As far as I am aware, a landlord may terminate in the first 6 months only in certain circumstances, such as tenant breaching obligations, property being sold/refurbished and such like. I doubt the landlord's current circumstances would meet the guidelines.

I know you've talked to Citizens Information, but have you talked to the PRTB? A non-national friend of mine had a rental problem recently and I spoke to them on his behalf (saved the language issue) and found them very helpful. You can call them on 888 2960 Mon-Fri between 10-1 & 2-4.

Good luck.

 

[pc7]

I know its unfair Kleeser but if her sons place really burnt down you can't blame her for wanting to help him out, tough on you but rents seem cheap in Kilkenny from just having a quick look on Daft, agree with other posters maybe ask the landlord to help you out finding somewhere, giving references etc. Good luck

 

[Morgause]

OP what does it say in your lease regarding notice should your landlord wish to terminate the lease?

 

[MrMan]

Ron Burgundy, one must look at the big picture and assess which will have the greatest benefit to you; stand up and fight and risk losing reference, roof over your head etc, or make the landlord work in your favour to provide you and your child with alternative accommodation. Your priniciples should take second place to whats best for your kids.

Regarding the landlord taking a financial hit, as far as i know within first 6 months landlords do not have to provide a reason for ending the contract. If you have a fixed term 1 year with no clauses for terminating the lease on the landlords side, you might have a case to stay, but again do you really think it would be a pleasant relationship. i wouldn't look for a pay off either cause to me thats just kicking someone when they are down, they are not simply the big bad landlord, their family has suffered a trauma that luckily didn't end in tragedy

 

[bacchus]

Note that the 28 days notice in the first 6 months seems to apply to "Part 4" tenancies whatever they are....

Security of Tenure (Part 4)
Security of tenure is based on 4-year cycles from the date Part 4 of the Act comes into force (i.e. 1st September 2004).

The landlord can terminate without specifying grounds during the first 6 months, but once a tenancy has lasted 6 months, the landlord will be able to terminate that tenancy (known as a “Part 4 tenancy”) during the following 31/2 years only if any of the following apply;

the tenant does not comply with the obligations of the tenancy
the dwelling is no longer suited to the occupants accommodation needs (e.g. overcrowded)
the landlord intends to sell the dwelling in the next 3 months
the landlord requires the dwelling for own or family member occupation
the landlord intends to refurbish the dwelling
the landlord intends to change the business use of the dwelling.
The grounds for recovery of possession listed above are subject to certain procedures to prevent their abuse.

At the end of the 4 years, a new tenancy will commence and the cycle begins again on the same basis as outlined above.