Returning rent paid in advance by tenant who leaves mid month

[muinteoir]

I don't know if anyone has come across this issue. I am in an owner occupied situation where I had a contract with a lodger where the rent (including bills) were paid monthly but they only had to give one week's notice in order to leave. They were only in the house for 4 months and have decided to move in with friends. The deposit was returned but now they are looking for part of December's rent as well. I don't know what the position is in such cases.

 

[faketales]

What sort of advice are you looking for?

Moral? Political? Legal?

The first two seem relatively clear. Might need to see wording regarding the third.

 

[muinteoir]

There was no mention of returning rent in the contract

 

[muinteoir]

Are you a solicitor?

 

[Premos]

Were they present for the week notice? If so, you return the rent from the date they leave. Why would you expect them to pay for days they were not using the service if they gave proper notice?

 

[Greenbook]

If you don't have a written contract with the lodger covering this, then I think it is up to yourself whether you return the rent or not. From a moral standpoint, it is I think fair to return it. The lodger has left and you did agree a week's notice

 

[DannyBoyD]

Its Christmas, who needs the hassle - give them the money.

You'll have the room let within a week of advertising it.

 

[Leper]

If you have any political or higher political aspirations you'd be better off refunding the rent. It could come back to bite you. Ask a certain Dublin Bainisteoir.

 

[Leo]

Given what you have told us so far it would seem that rent was paid monthly in advance and the terms of the agreement stated just 1 weeks notice was required to terminate.

Unless there was a clause that said notice of termination could only happen at the end of a month, it's pretty much a given that you would have to refund any over-payment of rent beyond the notice period. Otherwise you are unilaterally imposing a longer notice period that is allowed for in the agreement. So legally and morally it would seem the correct thing to do would be to repay.

 

[JohnFlory]

You are trying to use Jim Gavin justifications. Just because you have the money doesn't change that you have a moral duty to return the rent for the balance of month after expiry of weeks notice.