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Deposit and rent query?

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  • 06-04-2011 8:07pm
    #1
    panda100
    Closed Accounts Posts: 7,551 ✭✭✭


    Hi,

    I moved into an apartment on the 15th of March and paid a deposit and a months rent. I didn't sign any contract with the landlord, and he didn't say anything to me about staying there for a set amount of time.

    My flatmate is long term unemployed, and I probably wouldn't have taken the house if I'd known this in advance. He's in the house all the time, watches tv morning,noon and night. I moved in fairly quickly without looking around at my other options, and have since found a one bed apartment for the same price and much nicer.

    I rang the landlord today, and told him I was going to move out due to a change in circumstances with work, apologising profusely for messing him around. He yelled down the phone at me, and told me I had to pay another months rent on the 15th April as I have only given him two weeks notice.

    I'm just wondering what my rights are here? Is two weeks notice sufficent? Will I get my deposit back and do I have to pay another months rent? I told the landlord I can move out by this weekend, despite having paid up until the 15th April.

    Any help would be much appreciated!

    Oh and what shall I do about my portion for the ESB bill?shall I leave a contribution, or wait until the bill comes and then contribute then?


Comments

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    #2
    Knasher
    Registered Users Posts: 2,370 ✭✭✭Knasher


    If you don't have a fixed lease signed then I'd imagine that you would fall under a part 4 tenancy and are required to give 4 weeks notice or you forfeit your deposit which you would otherwise be entitled to.

    To be honest I think there is a good chance that he is going to try hanging onto your deposit anyway so it might be wiser to give up on your deposit rather than paying him more rent in the hope of getting it back. I'm not sure where that would leave you on a legal footing but I doubt he would have much of a case if you haven't signed anything. You could always give PRTB a call and see if they would be willing to get your deposit back if you give the correct amount of notice.

    Either way I definitely wouldn't be paying another full months rent, the very most would be half rent to take it up to the 4 weeks notice. If you do pay more I'd also advise you giving him written notice.


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    #3
    gimme5minutes
    Registered Users Posts: 387 ✭✭gimme5minutes


    Tell him to get stuffed. No lease or terms, he has zero rights to your money. In the name of god do not pay any more rent. And forget about your deposit that is gone.


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    #4
    gimme5minutes
    Registered Users Posts: 387 ✭✭gimme5minutes


    Knasher wrote: »
    Either way I definitely wouldn't be paying another full months rent, the very most would be half rent to take it up to the 4 weeks notice. If you do pay more I'd also advise you giving him written notice.

    Why should she pay him even a cent more? He has no legal rights to the money and there is not a chance in hell she is getting her deposit back.


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    #5
    panda100
    Closed Accounts Posts: 7,551 ✭✭✭panda100


    Shouldn't I be entitled to at least half of my deposit back? It was €500 which is a lot of money. I think I should be entitled to at least half of it back?

    Also, if I pay the extra half months rent up until the end of April, does that mean I'm legally entitled to stay here until then, as I can't move into my new house until then?

    My roommate said the landlord had a lot of difficulty finding someone for the room, and that is why he got so mad at me.


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    #6
    Knasher
    Registered Users Posts: 2,370 ✭✭✭Knasher


    gimme5minutes wrote: »
    Why should she pay him even a cent more? He has no legal rights to the money and there is not a chance in hell she is getting her deposit back.

    Because if she did, then she should be legally entitled to her full deposit back. But in reality I wouldn't because I'm guessing she doesn't have proof he owes it to her and that he feels hard done by so he is going to try to hang onto the deposit.

    Oh and on the ESB side, I'd get a meter reading and give them a ring. They should be able to tell you how much you owe.


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    #7
    BostonB
    Closed Accounts Posts: 18,056 ✭✭✭✭BostonB


    You should have done your homework about the the other tenant.

    The landlord should have told you about the other tenant.

    However you can't break your contract, and not pay rent. The LL has to return your deposit unless you break the terms of your contract/lease.

    If you don't break your contract, and the LL refused to return the deposit for no good reason, you can get onto the PRTB who will certainly, most likely make him return it. But it could take a long time.


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    #8
    panda100
    Closed Accounts Posts: 7,551 ✭✭✭panda100


    BostonB wrote: »
    You should have done your homework about the the other tenant.

    The landlord should have told you about the other tenant.

    However you can't break your contract, and not pay rent. The LL has to return your deposit unless you break the terms of your contract/lease.

    If you don't break your contract, and the LL refused to return the deposit for no good reason, you can get onto the PRTB who will certainly, most likely make him return it. But it could take a long time.

    See I didn't have a contract or a lease. I never signed anything, and the landlord never said anything about having to stay in the house for a set amount of time. So I haven't broken any contract as far as Im concerned?


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    #9
    BostonB
    Closed Accounts Posts: 18,056 ✭✭✭✭BostonB


    Did you have a verbal contract...


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    #10
    panda100
    Closed Accounts Posts: 7,551 ✭✭✭panda100


    BostonB wrote: »
    Did you have a verbal contract...

    No


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    #11
    Ciara22
    Registered Users Posts: 94 ✭✭Ciara22


    Panda,

    If this was to go down the PRTB dispute stage, then it would be deemed that you did have a verbal contract which goes on a month to month basis. This means you have to give the minimum of 1 months notice to move out.

    Technically, you will need to pay rent due up until the day you move out, calculate it as follows;
    monthly rent x 12 / 365 = daily rate x no of days. You are then entitled to stay for all the days you paid for.

    If you follow the above, you are legally entitled to your deposit back, in the eyes of the PRTB. Now, Im assuming that as this landlord did not have a lease agreement, then he/she didnt register with the PRTB. It doesnt matter, you can still lodge a dispute if it comes to it.

    The problem is that you dont have any proof that you paid a deposit. Did you pay in cash or by bank transfer? Maybe there will be something on your bank statement to show you either withdrew or transferred the €500. This may be sufficient proof.

    However, lodging a dispute with the PRTB is a very long winded process and can take a few months so its up to you whether you want to go through that or just cut your losses and go now.


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    #12
    3DataModem
    Registered Users Posts: 3,997 ✭✭✭3DataModem


    OK two things;

    (1) A person who rents then 'changes their mind' etc is just messing everyone around. You are in the wrong here. Try harder next time.

    (2) Just leave. Don't pay rent. Don't expect deposit. Leave keys behind you. Clean up after you. Leave flatmate a few quid to cover ESB or just pay them a few quid directly yourself over the phone and send receipt to fellow tenant.

    There's loads of stuff in this thread about PRTB etc etc. Don't bother yourself or landlord. You screwed up, landlord has to take the hit, don't make it more hassle for either of you.


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    #13
    panda100
    Closed Accounts Posts: 7,551 ✭✭✭panda100


    3DataModem wrote: »
    OK two things;

    (1) A person who rents then 'changes their mind' etc is just messing everyone around. You are in the wrong here. Try harder next time.

    (2) Just leave. Don't pay rent. Don't expect deposit. Leave keys behind you. Clean up after you. Leave flatmate a few quid to cover ESB or just pay them a few quid directly yourself over the phone and send receipt to fellow tenant.

    There's loads of stuff in this thread about PRTB etc etc. Don't bother yourself or landlord. You screwed up, landlord has to take the hit, don't make it more hassle for either of you.

    I don't think Landlords taken a hit. I moved out yesterday, and a guy moved in last night which means landlord is up a months rent from my deposit.

    Ya, I know I messed up but still its just annoying!


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