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Deposit Question?

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  • 09-01-2009 5:07pm
    #1
    MogwaiFearSatan
    Closed Accounts Posts: 105 ✭✭


    My 1 year lease is up and i have only notified my landlord that i WON'T se extending it with 3 days remaining. they want to withold my deposit because the notice was too short. i'm not breaking my lease as it ends in 3 days, can they do this. how much notice to i have to give if i'm extending/ not extending my lease.


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    #2
    S12
    Closed Accounts Posts: 41 ✭S12


    According to threshold....

    "9. A tenant's lease is coming to an end and they want to leave, do they have to give notice?
    A tenant does not have to give notice of their intention to leave a property at the natural end of the lease. The notice of an end to the tenancy is implicit in the fixed-term nature of the lease, i.e. the end date of the lease.

    Therefore, if a tenant seeks to move out of a property at the natural end of the lease, they are entitled to their deposit back.

    Be sure to read through your lease as some leases require that a tenant let the landlord know whether they will continue after the end of the lease. If a tenant fails to abide by such a provision, they are technically in breach of a provision of the lease. The tenant will not automatically forfeit the deposit for not abiding by this provision, but the landlord could seek compensation any losses incurred because of the breach of the lease.

    It is good practice for a tenant to inform the landlord whether or not they intend staying on in the property once the lease period runs out."

    Did your lease require you to give notice of your intntion to stay or leave??


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    #3
    techdiver
    Registered Users Posts: 3,164 ✭✭✭techdiver


    Your landlord is a chancer, plain and simple and the likes for him are being happily squeezed out of the market at the moment.

    My advice is to quote the legal notice regarding leases to him and in future try to rent a property with a recognised property agency handling the legal side of things. The agencies for the most part are always above board.


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    #4
    mylittlepony
    Registered Users Posts: 530 ✭✭✭mylittlepony


    OMG! That scare tactic.
    Hell no, he cant do that!
    Your lease is up, you dont want to continue rent there.
    Make sure you get your deposit back as long as nothing is broken/damage etc.
    He cant make you stay cos you are doing everything the right way.
    Best of luck.


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    #5
    Ste.phen
    Registered Users Posts: 2,808 ✭✭✭Ste.phen


    Well, i think, it was rude of the OP to not let the landlord know before now,
    That said, they're legally in the right and the landlord's being an ass about it, the deposit should certainly be returned.


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    #6
    greenman09
    Registered Users Posts: 1,909 ✭✭✭greenman09


    Think the OP should have given notice that they would not stay then it gives the landlord time to get people in as soon as they leave(not that there are many ppl looking to rent). So what if you had wanted to stay and he said he wouldnt extend the lease. And gave you 3days notice. Works 2 ways. Fortunately my landlord is a sound man.


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    #7
    3DataModem
    Registered Users Posts: 3,997 ✭✭✭3DataModem


    OP, did you tell the landlord you would extend, then change your mind? Or perhaps you said you "might" or "probably would"? If so that's a bit cheeky, but you are right you are entitled to deposit back.


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