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Landlord making me find new tenants HELP!

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  • 06-05-2011 4:08pm
    #1
    afireinside
    Closed Accounts Posts: 17 ✭


    Having given my months notice that I am moving out my landlord turns to me today and says I am not getting my deposit back if I don't find someone to take the room after me! (my moveout date is in 12 days!!) Can he do this??


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    #2
    eyescreamcone
    Banned (with Prison Access) Posts: 2,562 ✭✭✭eyescreamcone


    afireinside wrote: »
    Having given my months notice that I am moving out my landlord turns to me today and says I am not getting my deposit back if I don't find someone to take the room after me! (my moveout date is in 12 days!!) Can he do this??

    I think he can if say you signed a 12 month lease and are moving out early.
    Otherwise he can't is my humble opinion.


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    #3
    afireinside
    Closed Accounts Posts: 17 ✭afireinside


    I have just found out he has only registered the apartment as a 2 bedroom apartment and not as a 3 bedroom apartment with the prtb, he also hasnt registered my tenancy, could I use this as Leverage in getting my deposit back as I know he is tax dodging


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    #4
    PSKdesign
    Registered Users Posts: 57 ✭✭PSKdesign


    afireinside wrote: »
    I have just found out he has only registered the apartment as a 2 bedroom apartment and not as a 3 bedroom apartment with the prtb, he also hasnt registered my tenancy, could I use this as Leverage in getting my deposit back as I know he is tax dodging
    You should let PRTB know about this


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    #5
    djd80
    Registered Users Posts: 440 ✭✭djd80


    So just dont pay him your last months rent and move out. he keeps your deposit, you keep the last months rent so they cancel each other out.

    Then tell him to take a running jump....


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    #6
    afireinside
    Closed Accounts Posts: 17 ✭afireinside


    djd80 wrote: »
    So just dont pay him your last months rent and move out. he keeps your deposit, you keep the last months rent so they cancel each other out.

    Then tell him to take a running jump....

    I paid my months rent on the 20th of april and gave my months rent, and was promised a deposit back now he pulls this bull****? Is there anyway I can make him wet himself into giving my deposit back? I know he is terrified of the tax man anyway


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    #7
    Mr. Loverman
    Closed Accounts Posts: 4,001 ✭✭✭Mr. Loverman


    afireinside wrote: »
    I paid my months rent on the 20th of april and gave my months rent, and was promised a deposit back now he pulls this bull****? Is there anyway I can make him wet himself into giving my deposit back? I know he is terrified of the tax man anyway

    Are you breaking your lease?


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    #8
    afireinside
    Closed Accounts Posts: 17 ✭afireinside


    im leaving early yeah but i gave a months notice?


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    #9
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Did you sign a 1 year lease (or any other term), and are you now leaving earlier than the elapse of the term of the lease? Just because you give 30 days notice- does not mean you are clear of the property- if you have signed a lease....... You have a fixed term lease, not a Part 4 tenancy.


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    #10
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    afireinside wrote: »
    I have just found out he has only registered the apartment as a 2 bedroom apartment and not as a 3 bedroom apartment with the prtb, he also hasnt registered my tenancy, could I use this as Leverage in getting my deposit back as I know he is tax dodging
    You don't know he is tax dodging. You know the PRTB don't keep their site up to date. The PRTB is separate to the tax system and are not connected. They can on request share information but don't do so as a standard.

    If you are breaking a lease the landlord is completely within his rights to sue you for the remainder of the lease but I don't think technically he can withhold your deposit. It won't make much difference as you will be held liable for the remainder of the lease if you don't get another tenant in. By with holding the deposit not even the PRTB will see him at fault.


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    #11
    Mr. Loverman
    Closed Accounts Posts: 4,001 ✭✭✭Mr. Loverman


    afireinside wrote: »
    im leaving early yeah but i gave a months notice?

    That's not how leases work.

    Your landlord could sue you for the remaining rent.

    You are the one in the wrong here...!

    S/he is actually being nice.


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    #12
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    afireinside wrote: »
    im leaving early yeah but i gave a months notice?

    The landlord is legally entitled to chase you for the entire rent owed to the end of the term on the lease. You are entitled to sublet the property- which is basically what finding new tenants is- however if the new tenants pay less than specified in your lease- you are also legally liable for the difference.

    The fact that you gave 30 days notice- means absolutely nothing.


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    #13
    afireinside
    Closed Accounts Posts: 17 ✭afireinside


    Ray Palmer wrote: »
    You don't know he is tax dodging. You know the PRTB don't keep their site up to date. The PRTB is separate to the tax system and are not connected. They can on request share information but don't do so as a standard.

    If you are breaking a lease the landlord is completely within his rights to sue you for the remainder of the lease but I don't think technically he can withhold your deposit. It won't make much difference as you will be held liable for the remainder of the lease if you don't get another tenant in. By with holding the deposit not even the PRTB will see him at fault.

    as of the end of february he has it registered as a 2 bedroom apartment on the prtb website, he also has it on the census form?

    So I should have just moved out and told him keep my deposit so?


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    #14
    OMD
    Registered Users Posts: 2,458 ✭✭✭OMD


    afireinside wrote: »
    as of the end of february he has it registered as a 2 bedroom apartment on the prtb website, he also has it on the census form?

    So I should have just moved out and told him keep my deposit so?

    Why was he filling in the census form?


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    #15
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    afireinside wrote: »
    as of the end of february he has it registered as a 2 bedroom apartment on the prtb website, he also has it on the census form?

    So I should have just moved out and told him keep my deposit so?
    Does he live there? The people living there are meant to fill out the census.

    If he lets you move out without chasing you for the remainder of your lease count yourself lucky.

    He is saving very little by avoiding it for one room so it seems unlikely that he is try to con them on one room. Are all three rented?


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    #16
    neil_hosey
    Registered Users Posts: 1,712 ✭✭✭neil_hosey


    if shes not paying tax on all the tenents in the properly shes avoiding tax (scum bag imo, assuming she is and the ptrb is up to date!). You could take a chance and say, well if you keep the deposit, ill rat you out to the ptrb! which in my opinion you should do anyway!


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    #17
    OMD
    Registered Users Posts: 2,458 ✭✭✭OMD


    Ray Palmer wrote: »
    Does he live there? The people living there are meant to fill out the census.

    If he lets you move out without chasing you for the remainder of your lease count yourself lucky.

    He is saving very little by avoiding it for one room so it seems unlikely that he is try to con them on one room. Are all three rented?

    If he lives there the rules are very different but if he lives there I don't see why it is registered with the PRTB.


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    #18
    afireinside
    Closed Accounts Posts: 17 ✭afireinside


    he insisted on filling out the census to clearly avoid tax. He has a lot to gain by omitted one/all rooms there are 5 of us living here (2 couples and myself) he charges the couples 500 a month and insists on cash otherwise we can move out (Thats 6000 a year for 1 room!!!!)


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    #19
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    afireinside wrote: »
    he insisted on filling out the census to clearly avoid tax. He has a lot to gain by omitted one/all rooms there are 5 of us living here (2 couples and myself) he charges the couples 500 a month and insists on cash otherwise we can move out (Thats 6000 a year for 1 room!!!!)

    Census form has nothing to do with tax, all the data is anonymised....... Paranoia here, me thinks........


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    #20
    ravendude
    Registered Users Posts: 585 ✭✭✭ravendude


    afireinside wrote: »
    as of the end of february he has it registered as a 2 bedroom apartment on the prtb website, he also has it on the census form?

    So I should have just moved out and told him keep my deposit so?

    No, you should have kept your side of the bargain. You signed a lease (as far as we know, you haven't clarified yet). You should have kept your side of the arrangement and either seen out the lease, or find a new tenant that is acceptable to the landlord. You're actually the person that's doing the shafting here. Dodgy landlords bother me as much as anyone else, but you have responsibilities also.

    (all the above is of course with the assumption that you have signed a lease which you are now breaking, if not it may be a different story of course)


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    #21
    ravendude
    Registered Users Posts: 585 ✭✭✭ravendude


    neil_hosey wrote: »
    if shes not paying tax on all the tenents in the properly shes avoiding tax (scum bag imo, assuming she is and the ptrb is up to date!). You could take a chance and say, well if you keep the deposit, ill rat you out to the ptrb! which in my opinion you should do anyway!

    A lot of landlords (actually a huge, huge number) have regularized their tax affairs, and PRTB compliance since the advent of the PRTB. The penalties have gone very high now and they had a rush of landlords getting compliant over the last few years. So, there's a reasonably good chance he's actually compliant and it might backfire.


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    #22
    tanyabond
    Registered Users Posts: 154 ✭✭tanyabond


    afireinside wrote: »
    he insisted on filling out the census to clearly avoid tax. He has a lot to gain by omitted one/all rooms there are 5 of us living here (2 couples and myself) he charges the couples 500 a month and insists on cash otherwise we can move out (Thats 6000 a year for 1 room!!!!)

    1) Definitely threaten him with letting the PRTB know about the whole situation unless he gives you the deposit back.

    2) Let the PRTB know about it all afterwards regardless if he gives the deposit back or not - he changed his mind after promising to give the deposit back, so can you.


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