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Leaving without proper notice

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  • 18-05-2009 6:47pm
    #1
    Registered Users Posts: 9,338 ✭✭✭


    I've been living in the same house for 3 years and while the landlord is decent the housemates are becoming unbearable and i've just had enough. I want to move at the end of the month&obviously i've not given adequate notice to get my deposit back.

    However, if i find somebody to take my room before i move out, could i get my deposit back? Or would it depend on the landlord? There's no official lease, if that makes a difference?


Comments

  • Closed Accounts Posts: 6,123 ✭✭✭stepbar


    Imo if there's no lease, it's not your problem. Give your notice and move out asap. Do not pay your last months rent as you have done so already. If the landlord starts to get stroppy remind him about the lack of a lease.


  • Registered Users Posts: 7,879 ✭✭✭D3PO


    ignore stepbar

    you owe 56 days notice if your a part 4 tennancy.

    Duration of Tenancy Notice by Landlord
    • Less than 6 months 28 days
    • 6 or more months but less than 1 year 35 days
    • 1 year or more but less than 2 years 42 days
    • 2 years or more but less than 3 years 56 days
    • 3 years or more but less than 4 years 84 days
    • 4 or more years 112 days
    Tenants must supply the landlord with the equivalent period of notice when they wish to leave the tenacy except after 2 years the tenant has to serve 56 days notice of termination and this period does not increase until the end of the tenancy.


  • Closed Accounts Posts: 6,123 ✭✭✭stepbar


    D3PO wrote: »
    ignore stepbar

    you owe 56 days notice if your a part 4 tennancy.

    Duration of Tenancy Notice by Landlord
    • Less than 6 months 28 days
    • 6 or more months but less than 1 year 35 days
    • 1 year or more but less than 2 years 42 days
    • 2 years or more but less than 3 years 56 days
    • 3 years or more but less than 4 years 84 days
    • 4 or more years 112 days
    Tenants must supply the landlord with the equivalent period of notice when they wish to leave the tenacy except after 2 years the tenant has to serve 56 days notice of termination and this period does not increase until the end of the tenancy.
    convert wrote:
    There's no official lease

    I'd like to see the landlord try to enforce that requirement especially based on what has been said already - http://www.citizensinformation.ie/categories/housing/renting-a-home/tenants_rights_and_obligations

    And BTW I said "Give your notice and move out asap" - ASAP implying after the notice period FYI :rolleyes:


  • Registered Users Posts: 7,879 ✭✭✭D3PO


    stepbar wrote: »
    I'd like to see the landlord try to enforce that requirement especially based on what has been said already - http://www.citizensinformation.ie/categories/housing/renting-a-home/tenants_rights_and_obligations

    And BTW I said "Give your notice and move out asap" - ASAP implying after the notice period FYI :rolleyes:

    if you dont know the difference betwen a fixed lease and a part 4 tennancy then why post ?

    its people like you that give renters a bad name.

    "not your problem" "dont pay your last months rent"

    the fact is 56 days notice is due. if thats not given the landlord can legally recover the money due.


  • Closed Accounts Posts: 6,123 ✭✭✭stepbar


    D3PO wrote: »
    if you dont know the difference betwen a fixed lease and a part 4 tennancy then why post ?

    its people like you that give renters a bad name.

    "not your problem" "dont pay your last months rent"

    the fact is 56 days notice is due. if thats not given the landlord can legally recover the money due.

    Lol :rolleyes:

    It is not the OP's problem, there's no requirement for the OP to go looking for someone to rent the room. No lease, not his/her problem. And yes, do not pay the last months rent. Just make sure OP that you state that to the landlord clearly and perhaps in writing. The landlord has held on to a deposit for the past 3 yrs and has same already. If the landlord has any wit he'd be looking after the OP TBH and the OP wouldn't need to resort to moving out.


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  • Registered Users Posts: 7,879 ✭✭✭D3PO


    a deposit is to protect against damage beyond wear and tear not for your last months deposit.

    its complely unacceptable to use your deposit as rent owed


  • Registered Users Posts: 9,338 ✭✭✭convert


    D3PO wrote: »
    a deposit is to protect against damage beyond wear and tear not for your last months deposit.

    its complely unacceptable to use your deposit as rent owed

    I think that depends on the landlord. In most of the places I've lived, I didn't go through an agency and each landlord was happy to use the deposit to pay the last month's rent instead of giving back the deposit after I'd moved out. Obviously that was with adequate notice given.

    The only place where it didn't happen was when I rented a place through an agency.

    But, yes, you are right, the deposit is there incase any damage is cause and/or the tenant just ups and leaves with inadequate notice.


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