Our tenant, who has basically been forced out of the house by the actions of the mayor, gave one month’s notice. She is leaving at the end of this month.
We have had so many difficulties and so much stress with this tenant that I overlooked the fact, when she said she was leaving in one month, that she should have given three month’s notice.
I have had 12 responses from potential tenants, but at least one of them is bound to give three months notice to her current landlord, and no doubt that will apply to many others.
Given the problems she has had, and the fact that she is illiterate, I don’t want to cause her any unnecessary difficulties, but is there anything I can do legally to recuperate some of the loss we will probably suffer filling the property straight away when she leaves?
Could I keep her deposit?
She is moving in to a property owned by a relative so will probably not have to give them a deposit.
Apologies in advance if you dont agree with my piont of view but is it really worth inflicting further suffering on your soon to be ex tenant?
At least when she has left you still have the house and you say enquiries from potential new clients are coming in. Is the loss of 2 months rental income so bad when compared to your current tenants predicament?
As a landlord of various properties I fully understand your annoyance and my best advice is up the rental for the next tenant, take it on the chin and move on and if your tenant leaves the property in good order give them back their deposit.
If you go down the route of being seen to be an understanding landlord you will be well thought of but if you are seen to be heavy handed, word spreads.
Thank you for your reply and I understand your opinion.
The bulk of our very, very small income comes from the rental, so it is actually very bad, and it will be potentially three months. The rental was increased six months ago when she moved in, and will therefore not be possible to increase.
We have been the most supportive and understanding landlords imaginable. I just want to see if there is any way to mitigate the substantial hit we are going to take because I forgot to let her know she needed to give three month’s notice.
I have been marketing from the day she gave notice.
And have had more than a dozen replies. Until now I haven’t been able to take any interior photos or carry out any visits because the tenant and her children have all had Covid. I have a chain of people waiting for the photos, which I will finally be able to take tomorrow and will be able to let people visit next week.
It was only today, when one ideal tenant mentioned she had to give three month’s notice to her current landlord, that I realised our tenant should have done the same. Keeping fingers crossed that we will find somebody able to move in immediately.
You can’t legally keep her deposit you have to return, it less any damages etc, within 2 months. . However you can make a claim for the owing rent as long as you have not accepted her notice. There is a simplified (well simplified in French terms!!) procedure via a hussier that will cost you around €100, maybe more if you end up having to seek a judgement.
On that basis, and the comment from @JaneJones I think you are on a sticky wicket and that which @JohnBoy writes makes perfect sense in the circumstances.
Pursuing this to hussier and beyond may be throwing good money (which you say you don’t have) after bad. Best write off to experience.
You’ll remember next time perhaps…
You presumably have a signed Agreement to the Tenancy?
I know folk who leave “early” for whatever reason… but are held to the full notice period as far as payment is concerned.
Might be as well to remind her of the situation… which you can generously waive if (and only if) you get a swift tenant…
I appreciate this is a loss of income but this is part and parcel of the business I’m afraid, the fact that CAF have been paying the rent is a clear sign that the tenant probably lives on benefits so there’s very little chance of any financial recourse from her direct.
If were me I’d just accept the loss and perhaps use the opportunity to smarten the place up a bit if it needs it.
I think that you may be having to take a hit on the two month’s rental that you believe you are owed. There are many legitimate reasons, in law, that a tenant can leave with only one months notice, I would suggest that you research those first to see which, if any, may apply. As you did not remind the tenant that three months notice was required, you are, I’m afraid, at fault, not the tenant, whatever the original contract says. Perhaps your landlord insurance will help you out, you do have landlord insurance don’t you?
I do have some experience of letting properties and tenants, nine apartments and two houses, over sixteen years.
Bon courage.
Most of our tenants over the last 17 years have given three month’s notice even when CAF has been paying the rent, so I was not aware there were exceptions. Now I realise that if they are receiving RSA they can indeed give one month’s notice.
The good thing is that the tenant keeps the place absolutely immaculate, so it should be ready for immediate occupation.
