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Eviction Notice from Landlord

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  • 06-09-2011 10:50am
    #1
    DaveIe
    Closed Accounts Posts: 3 ✭


    Hi

    Whats the legal notice period for someone renting a house with no lease for 3 years?


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    #2
    listermint
    Registered Users Posts: 33,931 ✭✭✭✭listermint


    DaveIe wrote: »
    Hi

    I have been renting a house for 3+ years with my gf and daughter.
    I didn't sign any lease as the landlord was living in the house also.
    This week my landlord decided to move and because we are unable to cover rent for the full house he has advertised the entire house for rent and whoever can move in straight away!
    Where does this leave us 3? Whats the legal notice period for my situation?

    Have you not explored renting the house from him for yourself ?


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    #3
    Monty Burnz
    Closed Accounts Posts: 12,455 ✭✭✭✭Monty Burnz


    listermint wrote: »
    Have you not explored renting the house from him for yourself ?
    He says he can't cover the cost of renting the whole house.


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    #4
    Zamboni
    Registered Users Posts: 4,305 ✭✭✭Zamboni


    DaveIe wrote: »
    Hi

    I have been renting a house for 3+ years with my gf and daughter.
    I didn't sign any lease as the landlord was living in the house also.
    This week my landlord decided to move and because we are unable to cover rent for the full house he has advertised the entire house for rent and whoever can move in straight away!
    Where does this leave us 3? Whats the legal notice period for my situation?

    No they can't.


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    #5
    listermint
    Registered Users Posts: 33,931 ✭✭✭✭listermint


    Monty Burnz wrote: »
    He says he can't cover the cost of renting the whole house.



    Sorry missed that part


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    #6
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    I have been renting a house for 3+ years with my gf and daughter.
    I didn't sign any lease as the landlord was living in the house also.
    This week my landlord decided to move and because we are unable to cover rent for the full house he has advertised the entire house for rent and whoever can move in straight away!
    If the landlord also lived in the house, you were not renting the house, you were renting rooms. Also, I think as the LL was living with you, he can give you very little notice to get out.


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


    the_syco wrote: »
    If the landlord also lived in the house, you were not renting the house, you were renting rooms. Also, I think as the LL was living with you, he can give you very little notice to get out.


    This you have no rights as a lincee and no set notice period. Whatever the landlord wants really. best to just get looking for somewhere new,


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    #8
    mdebets
    Registered Users Posts: 1,747 ✭✭✭mdebets


    D3PO wrote: »
    This you have no rights as a lincee and no set notice period. Whatever the landlord wants really. best to just get looking for somewhere new,
    But as the landlord has already moved out, would that not have transformed this to a normal tenant-landlord relationship, rather than a licencee-landlord relationship?


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    #9
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    mdebets wrote: »
    But as the landlord has already moved out, would that not have transformed this to a normal tenant-landlord relationship, rather than a licencee-landlord relationship?

    possibly I dont know how the legal argument there would go. Best case its part 4 from that point so your talking a months notice.

    i never see the point in tennats dragging this out. you have to move its enevitable there isnt a shortage so jsut go get it done.


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    #10
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Eviction notice from landlord?

    First off- as the landlord was living in his house- he is not in fact your landlord, nor are you his tenants. You have been living in the property under licence- and are not covered by any tenancy law.

    He can ask you to leave without any notice whatsoever, you could argue it and fight it- but ultimately irrespective of the fact that you've been there for 3 years, you were not a tenant and have not accrued any rights that a tenant might have done.

    You are going to have to move- one way or the other- If I were in your position I'd look elsewhere immediately, meanwhile I'd liaise with the current guy and organise to facilitate viewings at his convenience, on the understand that as soon as he got tenants for the house and agreed a move-in date with them, that you would move immediately.


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    #11
    Victor
    Registered Users Posts: 78,399 ✭✭✭✭Victor


    He need only give reasonable notice. Given that you are a family and have been there more than 3 years, I would say at least several weeks.

    Another rule of thumb would be if you pay rent weekly or monthly - that would be the notice period.

    Would it be possible for you to rent the property and get a lodger? This may be difficult, but there are lots of students looking at the moment.


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