Landlords Vs Tenants

Jharrb

Hey, Just wondering how easy it is to get someone who has been living in a rented apartment to leave? I have been living in an apt for 3 years and my landlords just gave me verbal notice to quit a few weeks ago. I have a contract up until 1st August. It seems they want to sell. PRBT told me that they cant force me to leave within the terms of the contract. Its a fixed term one year with no release clause in it.

Obviously they would need to go though the courts to evict me? What about squatters rights even? I am just really concerned as we have a week old baby. Its so heartless.

I must meet them to try to negotiate this. Anyone have any ideas? We intended to leave Dublin in October anyway so we cant afford the Creche Fees.

Phaetonman

You have the rights to stay in your apartment for up to 4 years so another year to go. He can say he is selling it or some other reasons but these might not be genuine. I'd hold out for an eviction order and made him do the work. If he is in the wrong you will soon find out.

snellers

Phaetonman I 100% agree with what you say however.....maybe ....just maybe it would make sense to start looking for alternative living arrangements as the eviction notice to come will be hanging over your head and with a new baby that's the last kind of stress you need. I guess it also depends on the type of landlord we are talking about....will this guy go by the rules or will he be pressurising you regularly to find alternative accomodation...yes there will be people saying 'dont be intimidated...etc.... and I agree however if this is a likely result maybe for your own peice of mind it may be prudent to move.
I do agree you shouldn;t be forced into moving sooner than you need and maybe if you found alternative arrangements you could try and negotiate a deal with the landlord that helps you financially as you are doing him a favour by leaving earlier than is legally demanded

it's only a suggestion and I can understand why you don;t want to move....just trying to think of a positive outcome for you if you had to...most important thing is your new family.....

best of luck!!!!

Afuera

Jharrb wrote: »

I must meet them to try to negotiate this. Anyone have any ideas? We intended to leave Dublin in October anyway so we cant afford the Creche Fees.

The law is on your side on this one. You can not be evicted until the lease is up in August.

mikemac

Afuera wrote: »

The law is on your side on this one. You can not be evicted until the lease is up in August.

Misinformation

http://www.threshold.ie/page.asp?menu=70&page=241

Security of tenure

The Residential Tenancies Act 2004 introduced new security of tenure for tenants. A tenancy that lasts an initial six month period will entitle the tenant to remain in the tenancy for a further three and a half years. The landlord can terminate the tenancy during the three and a galf year period but only on specific grounds. These grounds are listed under the section on the Residential Tenancies Act. Contact Threshold for further information.

All the landlord has to do is say he is selling as the lease can be broken. Possibly needing the property for a family member is another reason.

But.......notice period is 84 days so tbh, that's close to August anyway.
So your landlord may as well leave you there until August

Afuera wrote: »

What about squatters rights even?

WTF? :eek:

A Random Walk

micmclo wrote: »

All the landlord has to do is say he is selling as the lease can be broken. Possibly needing the property for a family member is another reason.

This section you quoted only comes into play in the absence of a lease. The OP says they have a fixed term lease with no termination clause.

This looks open and shut to me however you may need to get a solicitor to advise & write a letter should the landlord continue to hassle you. For one thing the PRTB has clear rules on the form of a notice to quit and verbal doesn't cut it. Maybe have a chat to threshold http://www.threshold.ie/

patrickolee

I think squatters rights only kick in after 10 or 12 years... and only if you don't pay rent! So no joy there anyway. Sounds like you can stay there till August though. That should give you enough time to find somewhere else?

Jharrb

Thanks Guys. I really dont have the energy to fight this as my wife seems to be heading towards Post partum depression after having the baby. Both PRTB and Threshold say I am ok as far as I know. I just dont want to be in a situation where we cant find a suitable place over the summer. Mother an baby need a secure home where they feel safe. I dont want the stress or to be putting my deposit at risk either as I can imagine they could "nit pick" looking for things to deduct or delay paying it back. So it seems that I can stay here if I want to for four years after the first 6 months? Can someone clarify this?

The_Conductor

Seriously advise you go looking now rather than putting it off until after the summer. The most difficult time of the year to get accommodation is August/September (just before when the colleges all go back). You may as well take the proactive approach and ensure you're not looking at the last minute. By the way information from the PRTB tends to be that the act and any provisions in it, have precendence over any other agreements when renting property. I would at very least consider that you're on notification (though this must of course be done officially in writing).

SMcCarrick

Jharrb

Well, just to update you all. I finally got in touch with my landlords and they have said that they will let me stay until the end of the tenancy. Its a relief as you all can imagine. Thanks again everyone.:)