You can write a line to the landlord to inform them that you have informed their agent that the roommate is not complying with the agreement and either they are ensuing it or you are taking steps to recover your losses. There is a loss of amenity if you have to share it with a third person and it was intended for 2 people. Assuming that the landlord relies on the interruption clause by granting a termination to his tenant – if the tenant refuses to evacuate and remains in the property, the lessor must initiate legal proceedings so that he can obtain a command from the judge. The judge will then look at the interruption clause to see if it is valid. If the judge is not satisfied with the clause, the owner will not have ownership. I can`t give you all the permutations of how your contract was established, which is why you need to get a copy of the proposed agreement to allow you to get proper legal advice. A periodic contract prevents the creation of a legal periodic lease, because the conditions it contains are permanent, it can have a minimum duration of 6 months, but it can say that it will then continue until termination under the terms of the contract, which may include a notice of 2 months. Here`s a blog post that covers many of the legal methods to end a lease. On the other hand, a termination clause states that you must inform them X months in advance of your intention to terminate (but always subject to other conditions).
If you think you can benefit from a professional consultation to end a lease, whether you want to impose an interruption clause or you have difficulty removing a tenant, you can get advice for free from LegalforLandlords (100% no obligations). I agree with David that if the contract allows one of the joint tenants to exercise the interruption clause, you can probably do so (but it could be an unfair clause for the other common tenant), but if it doesn`t say that, then you have to sign both to be valid. As far as the deposit is concerned, it depends on the agreements. If both agreements were for the same tenants and the same property and if it is the DPS deposit system, the deposit is properly protected. If one of the first two is not filled, it should have been protected again. Otherwise, if it is the insured system, you will have to consult the general conditions of the system or consult the DPS. Your rental agreement and the initial IP must contain the landlord`s details, otherwise you can request it and if the agent does not provide it, you have the right to temporarily withhold the rent until they do. Regardless of the request to close the pause clause, it is usually written by the rental agent. For this reason, it is important that you carefully check the clause to ensure that it correctly reflects what has been agreed or requested. For this to be enforceable, it should be judged, it must be considered “fair” for both landlords and tenants.
Always check your lease and make sure they don`t have to terminate in writing. If you use Rent Now, use our default agreement, which contains a four-month termination clause, according to which either party can give the cancellation period necessary to terminate the contract. See excerpt below from the termination clause. The officer says that the notification must take place in the sixth month and not before or after. The withdrawal date was November 13, 2017 and is a 12-month ASP with the 6-month interruption clause. I think the pause clause is unfair, because it is not easy, diferrent clause for tenants as a landlord and I have a hard time understanding it. . . .