Eviction and deposit

TheMilkyPirate

Hi me and my fiancee and our two year old son are renting a house at the moment but have been served a written warning and fear we may be evicted. Our warning is because of excessive noise. This is untrue and we fear a neighbour may have taken a dislike to us, but that's a story for another day. My question is if we are evicted because of another complaint will we be entitled to our deposit back? We are 3 months into a year long lease.

Thanks.

the_syco

Who served you the eviction notice, was it written or verbal, and did it say why you were being evicted? Also, what time frame did they give you?

TheMilkyPirate

the_syco wrote: »

Who served you the eviction notice, was it written or verbal, and did it say why you were being evicted? Also, what time frame did they give you?

It wasn't an eviction notice just a written warning stating anymore and were out. The letting agency served it yesterday through the letter box..

odds_on

A warning or notice of advice must be served on a tenant stating the breach of the terms and conditions (plus anti-social behaviour) so that the tenant has the opportunity to remedy the issue, failing which the tenant may be served with a Notice of Termination giving the tenant 28 days to vacate the property (7 days in the case of serious anti-social behaviour).

It is the landlord's obligation to see that his tenants do not cause a disruption to the peaceful enjoyment of the neighbours either within the building or within the vicinity of the property.

Unfortunately, many modern buildings have paper thin walls and noise passes through them with ease.

You should contact the agent and find out what exactly the noise is and at what time it occurs - if you don't know then you will be unable to remedy the problem.

Victor

After you talk to the landlord, make sure you write to him to counter the allegation(s) and keep a copy of what you send.

jdooley28

Does anyone actually know the answer to the question about being entitled to a deposit if evicted?

odds_on

jdooley28 wrote: »

Does anyone actually know the answer to the question about being entitled to a deposit if evicted?

I believe the deposit should be returned by the landlord except for any damage beyond normal wear and tear.

PRTB dispute adjudications:

DR1091/2008
1. The Notice of Termination, dated 8 th February 2008, served by the Applicant Landlord on the Respondent Tenant , is valid.
2. The Respondent Tenant and all persons residing in the above dwelling shall vacate the dwelling within 14 days of the date of issue of this Order.
3. The Respondent Tenant shall pay the sum of € 7,312.25, within 21 days of the date of issue of this Order, being arrears of rent for the period up to and including 24 th July 2009, in respect of the tenancy at the above dwelling.
4. The Respondent Tenant shall continue to pay rent at the rate of € 39.45 per day, unless lawfully varied, from 25 th July 2009 until such time as she vacates the dwelling.
5. The Applicant Landlord shall return the security deposit in the sum of € 1,200.00 upon the Respondent Tenant vacating the above dwelling, unless lawfully withheld in accordance with the Residential Tenancies Act 2004.

DR382/2009
1. The notice of termination served by the Applicant Landlord on the Respondent Tenant, on 21 March 2009, in respect of the tenancy.........., is valid.
2. The Respondent Tenant shall vacate the above dwelling within 14 days of the date of issue of this Order.
3. The Applicant Landlord shall pay the Respondent Tenant the sum of €600.00, being the security deposit in respect of the tenancy of the above dwelling, pending final inspection of the above dwelling by the Applicant Landlord and the handing up of vacant possession of the above dwelling, less any appropriate deduction in respect of outstanding rent and or the condition of the above dwelling.
4. The Respondent Tenant shall pay the total sum of €2,769.00 to the Applicant Landlord, within 14 days of the date of issue of this Order, being arrears of rent owing up until 1 st July 2009, in respect of the tenancy of the above dwelling.
5. The Respondent Tenant shall also pay any further rent in respect of the tenancy of the above dwelling outstanding from 1 st July 2009 at the rate of €160.00 per week, unless lawfully varied, and any other charge as set out in the terms of the tenancy agreement for each month or part thereof, until such time as she vacates the dwelling.

However, an on-the-ball landlord may make a claim to the PRTB for damages, especially in respect of anti-social behaviour where he can prove that the behaviour has caused him a financial loss - difficult to re-let the property, for example.

DR1076/2009
1. The Notice of Termination served by the Applicant Landlord on the Respondent Tenant, on 9 September 2009, is valid.
2. The Respondent Tenant and all persons residing in the above dwelling shall vacate the dwelling within 7 days of the date of issue of this Order.
3. The Respondent Tenant shall pay the sum of € 7,018.98 to the Applicant Landlord within 14 days of the date of issue of this Order, being arrears of rent of € 5,068.98, up to 30 October 2009, and damages of € 3,000 for breaches of section 16(a)(i) and 16 (h) of the Residential Tenancies Act, 2004, having taken into account the retained security deposit of € 1,050.00,
4. The Respondent Tenant shall continue to pay any further rent outstanding from 30 October 2009, at the rate of € 31.29 per day, unless lawfully varied, and any other charge as set out in the terms of the tenancy agreement for each month or part thereof, until such time as he vacates the above dwelling

NOTE: Section 16(h) of the RTA 2004, refers to anti-social behaviour:

(h) not behave within the dwelling, or in the vicinity of it, in a way that is anti-social or allow other occupiers of, or visitors to, the dwelling to behave within it, or in the vicinity of it, in such a way,