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Given notice, but can't leave question.

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  • 07-09-2009 3:48pm
    #1
    meglome
    Registered Users Posts: 7,980 ✭✭✭


    I might have a situation on my hands here.

    I've given my months notice and should be moving out now. Unfortunately the two apartments I was going for I didn't get (I'll leave that discussion for another day) so I'm kinda in limbo. I've asked for a few extra days from the agent and he's agreed but the landlady doesn't know. Now to say the Landlady is highly strung would be an understatement so if she finds out the **** will hit the fan, even though I've been here for 5 years.

    Anyway what are my options, If I lodge the rent will they just have to leave me here regardless for the month? What happens if I have to stall another few days?


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    #2
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    meglome wrote: »
    I might have a situation on my hands here.

    I've given my months notice and should be moving out now. Unfortunately the two apartments I was going for I didn't get (I'll leave that discussion for another day) so I'm kinda in limbo. I've asked for a few extra days from the agent and he's agreed but the landlady doesn't know. Now to say the Landlady is highly strung would be an understatement so if she finds out the **** will hit the fan, even though I've been here for 5 years.

    Anyway what are my options, If I lodge the rent will they just have to leave me here regardless for the month? What happens if I have to stall another few days?

    if you have given notice they dont have to accept the rent. if they do accept the rent then it would be considered an agreement to accept withdrawal of notice.

    which would mean you would have to give notice again.

    On another note you owe them 56 days notice not a months notice due to your tenure.


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    #3
    meglome
    Registered Users Posts: 7,980 ✭✭✭meglome


    D3PO wrote: »
    if you have given notice they dont have to accept the rent. if they do accept the rent then it would be considered an agreement to accept withdrawal of notice.

    What would happen if I just lodged the money in their account?
    D3PO wrote: »
    On another note you owe them 56 days notice not a months notice due to your tenure

    Even if I signed a another lease a year ago?

    I suppose I could call on this point if I had to stay as legally I wouldn't have given proper notice so I'll have the extra month. ??

    Thanks for your help.


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    #4
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    meglome wrote: »
    What would happen if I just lodged the money in their account?



    Even if I signed a another lease a year ago?

    I suppose I could call on this point if I had to stay as legally I wouldn't have given proper notice so I'll have the extra month. ??

    Thanks for your help.

    Not sure what would happen if you just lodged the money into their account, the legal position and the reality are probably different but Id expect they wouldnt complain about you still being there.

    In terms of you having signed another lease, the notice would apply if the lease has ended which im assuming it has which now puts you in a part 4 tennancy.

    Im sure they will accept a months notice Im just saying technically you wold owe 56 days :)


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    #5
    meglome
    Registered Users Posts: 7,980 ✭✭✭meglome


    D3PO wrote: »
    In terms of you having signed another lease, the notice would apply if the lease has ended which im assuming it has which now puts you in a part 4 tennancy.

    Im sure they will accept a months notice Im just saying technically you wold owe 56 days :)

    If we were staying but the landlady didn't want us to I was thinking I could call on the 56 days notice as a reason. It's just hard to know how she'll react, but usually she goes completely overboard.


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    #6
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    From a landlord's point of view...our tenant did something similar and we were adamant they had to leave on the date quoted in the notice. They only gave us a month and legal requirement is 56 days due to their tenure but we accepted the month on the basis that they had to be gone at the end of that. Their new place fell through but that wasn't our problem, we had to get new tenants in and needed to know when the house was empty.

    You can't really have it both ways


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    #7
    meglome
    Registered Users Posts: 7,980 ✭✭✭meglome


    athtrasna wrote: »
    From a landlord's point of view...our tenant did something similar and we were adamant they had to leave on the date quoted in the notice. They only gave us a month and legal requirement is 56 days due to their tenure but we accepted the month on the basis that they had to be gone at the end of that. Their new place fell through but that wasn't our problem, we had to get new tenants in and needed to know when the house was empty.

    You can't really have it both ways

    That's a very fair point. I'm being jerked around by landlords and while this isn't my landlady's fault what exactly can I do. I was going for three different apartments so it's not for want of trying to leave. What is it with landlords that they won't give you a straight answer, I have all the references and the money but they're still jerking me around. To be blunt my landlady is not a very nice person and if someone has to be put out I choose her. I appreciate that isn't going to go down well with everyone but unless I move onto the streets I don't really have much choice.


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    #8
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    whilst athtrasna is right the likelyhood is the landlady isnt going to put you out unless she has found another tennant. It just makes no sense to do that, yes you have messed her around but why cut off your nose to spite your face ?


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