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Leaving rental, Use last month as deposit?

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    #92
    runawaybishop
    Registered Users Posts: 9,504 ✭✭✭runawaybishop


    odds_on wrote: »
    Seems to sum up the OP from another thread he started
    http://www.boards.ie/ttfpost/87396641

    You didn't think he was looking for advice did you? Clearly his mind is already made up and he is looking for validation of his decision :pac:


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    #93
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    runawaybishop wrote: »
    You didn't think he was looking for advice did you? Clearly his mind is already made up and he is looking for validation of his decision :pac:
    He seems to have got good answers in both this thread and the other thread he started, but has is own agenda and doesn't want to accept the facts.

    Several times I have asked him if he has asked his landlord for a pre exit inspection, but he hasn't answered, so presumably he hasn't and just wants to escape from this rental contact, "without trace".

    But it may well come back on him if he returns in 18 months.


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    #94
    _Kaiser_
    Registered Users Posts: 28,865 ✭✭✭✭_Kaiser_


    hdowney wrote: »
    Um no-one anywhere said about kicking your partner and baby out!!!! Where you get this stuff from I don't know

    Well presumably if he were to agree to allow the LL and randomers to traipse through the place, he, his partner and baby would have to vacate first.. unless they want to stay and help the LL "sell" the place to prospective tenants or something!

    Bottom line here is the OP is under no obligation to facilitate this if he doesn't want to and an organised, professional LL should accept that and make arrangements to start viewings the day after they leave.

    However that said, the OP should not hold on to the last month's rent BUT if the LL wants to play silly games as result of the above (such as delaying the return of the deposit, or finding stupid excuses to hold on to part of it), it IS understandable that the OP is thinking of doing so.

    This is (once again) another example of what happens with the stupidly haphazard, "it depends who you get" (applies to tenants AND LL's) rental sector in this country.


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    #95
    runawaybishop
    Registered Users Posts: 9,504 ✭✭✭runawaybishop


    Kaiser2000 wrote: »
    Well presumably if he were to agree to allow the LL and randomers to traipse through the place, he, his partner and baby would have to vacate first.. unless they want to stay and help the LL "sell" the place to prospective tenants or something!

    Bottom line here is the OP is under no obligation to facilitate this if he doesn't want to and an organised, professional LL should accept that and make arrangements to start viewings the day after they leave.

    However that said, the OP should not hold on to the last month's rent BUT if the LL wants to play silly games as result of the above (such as delaying the return of the deposit, or finding stupid excuses to hold on to part of it), it IS understandable that the OP is thinking of doing so.

    This is (once again) another example of what happens with the stupidly haphazard, "it depends who you get" (applies to tenants AND LL's) rental sector in this country.

    I don't think there is any evidence of the LL messing anyone about or of them withholding the deposit. The OP just wants to ensure he isn't out of pocket by messing with the landlord.


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    #96
    _Kaiser_
    Registered Users Posts: 28,865 ✭✭✭✭_Kaiser_


    runawaybishop wrote: »
    I don't think there is any evidence of the LL messing anyone about or of them withholding the deposit. The OP just wants to ensure he isn't out of pocket by messing with the landlord.
    Agreed, and if the LL accepts the response as they should then no isesues and the OP should pay the rent and get his deposit back promptly.

    But it depends on the LL's reaction and previous form really. That may be why the OP is considering it.


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    #97
    pwurple
    Closed Accounts Posts: 12,449 ✭✭✭✭pwurple


    Sleepy wrote: »
    Does that not constitute harassment?

    (i.e. a criminal, rather than civil matter)

    I'm not letting myself in or anything, just calling over to remind them. All polite, you know. Just so they see me. I've never had to do it for more than three days.

    I was advised to do it by a garda in the first place... said it was the easiest way to sort that kind of thing.

    Anyway, it works for me.


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    #98
    runawaybishop
    Registered Users Posts: 9,504 ✭✭✭runawaybishop


    Kaiser2000 wrote: »
    Agreed, and if the LL accepts the response as they should then no isesues and the OP should pay the rent and get his deposit back promptly.

    But it depends on the LL's reaction and previous form really. That may be why the OP is considering it.

    Withholding rent is not legally allowed though. The correct thing to do is to pay rent as normal and arrange an inspection with deposit return before the OP heads away. The thread odds_on linked indicates the OP couldn't care less about the law unless it benefits him though and has already decided to withhold the rent.


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    #99
    m5ex9oqjawdg2i
    Closed Accounts Posts: 11,221 ✭✭✭✭m5ex9oqjawdg2i


    Thomas D wrote: »
    I'm emigrating soon and I will be leaving my rental. Now the past tenants texted us and said they had problems with the landlord when leaving.

    What problems? Like, did they damage the house and only receive part of their deposit? Or did they, like yourself, decide to change your lease, in your own head, and decide not to abide by it?

    Our lease says we have to allow viewings before we leave. No way am I going to allow that as we have a new baby. If the landlord was going to mess us around with a deposit then we'd have no way of getting it back being out of the country.[/quoote]

    You signed an agreement between yourself and your landlord. I guess you view it as a "thing" to get your apt/house. You are actually bound to that lease. You can't just decide that you don't agree with it anymore and make up your own rules. A lot of leases can be altered, as they are written up generally. You may be able to agree to terms before or after you sign, but both parties must agree to it.

    Is there a clause in your lease stating that if you happen to have a new baby during your lease that you can refuse viewings?
    So surely not paying the last months rent is the only fair way of proceeding with zero repercussions?

    I love the use of "Surely bla bla bla"... Surely you wouldn't be asking questions if you were so sure of the answers?

    I suggest you talk to your landlord and express your concerns and come to an agreement. Your comments come across as immature and very selfish. You do not know your landlords circumstances, you should show a little more respect to people.

    You have created a straw-man argument to beat with a red herring.


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    #100
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Kaiser2000 wrote: »
    Well presumably if he were to agree to allow the LL and randomers to traipse through the place, he, his partner and baby would have to vacate first.. unless they want to stay and help the LL "sell" the place to prospective tenants or something!

    Not at all. Even if I were to allow viewings there is absolutely no way that I would be leaving! If strangers are going to come into my home then they are going to be doing so in full view of me at all times.


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    #101
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Ari Warm Mesquite wrote: »
    You signed an agreement between yourself and your landlord. I guess you view it as a "thing" to get your apt/house. You are actually bound to that lease. You can't just decide that you don't agree with it anymore and make up your own rules. A lot of leases can be altered, as they are written up generally. You may be able to agree to terms before or after you sign, but both parties must agree to it.

    Is there a clause in your lease stating that if you happen to have a new baby during your lease that you can refuse viewings?

    This has already been discussed in the thread. Can you provide any evidence at all that such a clause in the contract would be valid and legal?


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    #102
    _Kaiser_
    Registered Users Posts: 28,865 ✭✭✭✭_Kaiser_


    djimi wrote: »
    Not at all. Even if I were to allow viewings there is absolutely no way that I would be leaving! If strangers are going to come into my home then they are going to be doing so in full view of me at all times.

    I agree, but personally I don't think I'd be facilitating it at all myself.

    Come to think of it I did once have an EA turn up with a couple unannounced obviously looking to view (though they denied it at the time saying they were showing them the outside/estate) but they were swiftly ran by me.
    I then called the LL and he was disgusted by their behaviour as well and told me I was not under any obligation to let them in - but in fairness to him he was probably the most professional LL I've ever dealt with anyway.


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    #103
    hdowney
    Registered Users Posts: 12,921 ✭✭✭✭hdowney


    It is still not KICKING them out though. That implies something much worse than them deciding they'd rather not be there whilst viewings happen. They are under no obligation to vacate the property whilst viewings take place. I can understand that perhaps the mother would feel more comfortable for herself and her baby to be elsewhere, but that is personal choice. No-one is forcing her


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    #104
    runawaybishop
    Registered Users Posts: 9,504 ✭✭✭runawaybishop


    Ari Warm Mesquite wrote: »
    Our lease says we have to allow viewings before we leave. No way am I going to allow that as we have a new baby. If the landlord was going to mess us around with a deposit then we'd have no way of getting it back being out of the country.

    You signed an agreement between yourself and your landlord. I guess you view it as a "thing" to get your apt/house. You are actually bound to that lease. You can't just decide that you don't agree with it anymore and make up your own rules. A lot of leases can be altered, as they are written up generally. You may be able to agree to terms before or after you sign, but both parties must agree to it.

    This part of your post is incorrect. The lease cannot supersede statutory rights and as such viewings can be refused even if agreed to in the lease.


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    #105
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    All, I think this thread is going round in circles now. The OP has already decided their course of action.

    Morri


This discussion has been closed.
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