Withholding last months rent

The_Morrigan

Shadylou wrote: »

As far as I'm concerned he can go jump for any rent he feels he's owed, I'll be returning the house to him in turn-key condition, he can keep my deposit in lieu of the last month rent, his behaviour has negated any feeling in me that I owe him compensation

Legally you owe him rent or a new tenant to take over the lease you are breaking early - it's not compensation!!

dinnyirwin

Shadylou wrote: »

As far as I'm concerned he can go jump for any rent he feels he's owed, I'll be returning the house to him in turn-key condition, he can keep my deposit in lieu of the last month rent, his behaviour has negated any feeling in me that I owe him compensation

Dont snatch defeat from the jaws of victory. The PRTB isnt a court of law. They will look very unfavourably that you had to call the cops to stay. Get a report from them on it too for the PRTB.

Shadylou

The_Morrigan wrote: »

Legally you owe him rent or a new tenant to take over the lease you are breaking early - it's not compensation!!

I was perfectly willing to meet with him to talk about paying him weekly all the arrears but when he arrived at the house and scared my children well then he can go jump for this money......this mama bear won't tolerate her babies being scared!!

The_Morrigan

Shadylou wrote: »

I was perfectly willing to meet with him to talk about paying him weekly all the arrears but when he arrived at the house and scared my children well then he can go jump for this money......this mama bear won't tolerate her babies being scared!!

Must remember that when I'm next looking for a defense to shirk my legal obligations.

Shadylou

The_Morrigan wrote: »

Must remember that when I'm next looking for a defense to shirk my legal obligations.

Whatever, my landlord has an obligation to me and he was the one who calked around being abusive, so much so that the guard that called said that he would talk to the prtb on my behalf about the abuse we got from him that night.
So guess what, I was aware that I had done the wrong thing not giving him insufficient notice, I was prepared to pay for him to relist the property and come to an arrangement about paying arrears on the lease but as I said when he scares my babies he can go whistle!!!!

cookie1977

Shadylou wrote: »

Whatever, my landlord has an obligation to me and he was the one who calked around being abusive, so much so that the guard that called said that he would talk to the prtb on my behalf about the abuse we got from him that night.
So guess what, I was aware that I had done the wrong thing not giving him insufficient notice, I was prepared to pay for him to relist the property and come to an arrangement about paying arrears on the lease but as I said when he scares my babies he can go whistle!!!!

I keep thinking of "two wrongs dont make a right".

Shadylou

cookie1977 wrote: »

I keep thinking of "two wrongs dont make a right".

You can think that all you like, that's your opinion. I have my own opinion and I'm the one who was there when all of this happened. I appreciate that I put this out there on a public forum and I do read all of your replies but I'm gonna with what I feel and afaik he can chase me through the prtb and good luck to him

Senna

OP, you were totally in the wrong up until he got abusive and the guards needed to be call. If I was you I'd now be very content to leave next week and let him take the deposit as last month's rent.
And for anyone who disagrees, this moron tried to evict a family who had lived in the house for 6 years with 24 hours notice, he deserves nothing more and thankfully he won't be getting anything more, lease or no lease.

beauf

I expect he might try to come after you for the rent outstanding and increase any costs of repairs so that it seems like hes owned more then he his. But if you have evidence of your attempts to reach an understanding, and the abuse (which you do from the guard) and attempted illegal eviction I would expect the PRTB to throw it out. TBH its hard for a LL to get money even when they've a genuine case.

However I would get a good camera and take a ridiculous amount of photos of the condition of the place inside and out before you move out. If you or your ex can be there and go over the house with a LL. Thats usually a good idea.

The_Conductor

Senna wrote: »

OP, you were totally in the wrong up until he got abusive and the guards needed to be call. If I was you I'd now be very content to leave next week and let him take the deposit as last month's rent.
And for anyone who disagrees, this moron tried to evict a family who had lived in the house for 6 years with 24 hours notice, he deserves nothing more and thankfully he won't be getting anything more, lease or no lease.

Shes proposing to move early March- aka the 1st or 2nd of March- which while you may argue its only a day, it is into another rental period.

As for people's opinions here- we're not offering you opinions- we're stating what the law is. The OP does not have the right to live in the property without paying rent. The landlord is under no obligation to accept the rent piecemeal from her. The landlord has no right to try to illegally evict you.

There is no innocent party here- the OP was not illegally evicted, despite the stupidity of the landlord- he hasn't been paid though. And no, OP- its not compensation- its rent that he is owed, period.

By not paying your rent- you were the first person in the wrong- though that doesn't give the landlord the right to escalate the situation as happened.

OP- whether you like it or not- you owe money. You've made it pretty clear from the outset that you don't have the money- so I don't know how you're planning on proceeding.

Shadylou

The_Conductor wrote: »

Shes proposing to move early March- aka the 1st or 2nd of March- which while you may argue its only a day, it is into another rental period.

As for people's opinions here- we're not offering you opinions- we're stating what the law is. The OP does not have the right to live in the property without paying rent. The landlord is under no obligation to accept the rent piecemeal from her. The landlord has no right to try to illegally evict you.

There is no innocent party here- the OP was not illegally evicted, despite the stupidity of the landlord- he hasn't been paid though. And no, OP- its not compensation- its rent that he is owed, period.

By not paying your rent- you were the first person in the wrong- though that doesn't give the landlord the right to escalate the situation as happened.

OP- whether you like it or not- you owe money. You've made it pretty clear from the outset that you don't have the money- so I don't know how you're planning on proceeding.

I'm just going to move on Saturday, no matter whether I move now or in May the landlord is going to have a gap of a month or so while he advertises for new tenants anyway. I've used my deposit as my last months rent so I am up to date with rent, there isn't any damage to the house for him to deduct from my deposit.
The landlord was raising the rent anyways in May by €150 per month so now he can advertise the house at the higher price and get €450 extra in rent

davo10

Unfortunately the law is on the tenant's side. Wrongly in my opinion. OP is not paying rent because she can't afford it, she's not paying the rent she owes because she chose to pay it to someone else. She wants to rent two places but pay only one, in this case the law should allow LL to toss a tenant out on their ass, instead he is in the wrong and OP gets to break her lease, no notice and has the gall to say that what she pays is "compensation", it's rent, it's what the LL is entitled to, not a gift from you.

This isn't a case of a vindictive LL, it's a case of a delinquent tenant. I don't see how the LL should be happy when he gets a call saying " I'm moving out, no notice, by the way I'm not paying my rent because I'm paying it on my new place" I don't blame the LL at all for his reaction, I'd want her out too and I'd make sure the new LL was aware of her actions so he doesn't get shafted by her.

tinkerbell

Shadylou wrote: »

I was perfectly willing to meet with him to talk about paying him weekly all the arrears but when he arrived at the house and scared my children well then he can go jump for this money......this mama bear won't tolerate her babies being scared!!

But you weren't willing to pay him the arrears because you said in your other posts that you couldn't afford two lots of rents! You are completely in the wrong here. You have a legal obligation to either pay for the rent or find him a new tenant for the remainder of your lease.

Shadylou wrote: »

I'm just going to move on Saturday, no matter whether I move now or in May the landlord is going to have a gap of a month or so while he advertises for new tenants anyway. I've used my deposit as my last months rent so I am up to date with rent, there isn't any damage to the house for him to deduct from my deposit.
The landlord was raising the rent anyways in May by €150 per month so now he can advertise the house at the higher price and get €450 extra in rent

Again, you are not up to date with your rent. You are in arrears and owe him rent until May. The LL knew your lease was up in May and if you were to move, he would have had notice to sort out a new tenant. It is not your business how long it takes him to sort out a new tenant after you leave in May.

And your deposit is not compensation. Compensation would be you paying up the rent you owe until May or paying rent until you find an alternative tenant to take over the lease.

Ray Palmer

I think anybody who reckons the LL is in trouble with the PRTB has it fundamentally wrong. He didn't actually evict them. It won't really matter if the guards were called. At worst he was verbally abusive to somebody who was refusing to pay rent due.
You think the PRTB will say this is wholly unacceptable or understandable given somebody trying to steel from him. The rent will remain due and the PRTB will not blank that money out because the tenant rang the Gardaí and said the LL was unpleasant. Is the LL huge and much bigger than the two adults that were there. Did he really make such an intimidating figure?

The OP was trying to do a runner owing rent completely a situation of their own doing. If I was the LL I would be looking on forums for threads like this. If the stories matched enough I would bring it as show of what the OP was doing.

mountai

The initial posts by the OP , seemed to come across to me as somewhat apologetic , as she was genuinely in a bad situation. I was the first to suggest a path of negotiation, try to come to a settlement, where both her and the LL, would emerge without loss and rancour.
The situation has now changed, so that the LL is vilified for fighting his corner and the OP has become a PITA. Sad isn't it.

Arbiter of Good Taste

It just seems so weird - to me - that (per the OP) the the LL has gone from being "decent" to a b@stard overnight. I wonder whether the OP has left out some pertinent information. I would genuinely love to hear the LL's side.

For the record, I thing the OP is completely in the wrong, and for some reason fails to see that. If I was the LL I would be on to her new LL immediately.

KERSPLAT!

OP has now become the victim even though she used the rent money she owed the LL to secure another property and was completely in the wrong. Getting abusive was wrong but I'd imagine the LL is more than a bit annoyed over the situation as would I be

Ray Palmer

KERSPLAT! wrote: »

OP has now become the victim even though she used the rent money she owed the LL to secure another property and was completely in the wrong. Getting abusive was wrong but I'd imagine the LL is more than a bit annoyed over the situation as would I be

Nothing actually happened to them so they are a victim of nothing. The LL remains the victim of them of them refusing to pay what is owed in a timely manner.

KERSPLAT!

Ray Palmer wrote: »

Nothing actually happened to them so they are a victim of nothing. The LL remains the victim of them of them refusing to pay what is owed in a timely manner.

Sorry my post was unclear. What I meant was, the OP is now acting the victim and some people are seeing it this way also, I personally don't and I agree with you.

drunkmonkey

The Kids and the LL are the victims. Honour and integrity should be shown by example, the kids will never know it and the landlord has lost faith in them.

The_Conductor

mountai wrote: »

, so that the LL is vilified for fighting his corner and the OP has become a PITA. Sad isn't it.

Excuse my ignorance- but what is a PITA?

KERSPLAT!

The_Conductor wrote: »

Excuse my ignorance- but what is a PITA?

Pain In The Arse, I think.

dinnyirwin

I see over on irish landlord they were discussing questions to ask a petential tenants last landlord. Top of the list now seems to be "Did they try to use the deposit as the last months rent without your permission?" as this is getting all too common now.

I like that. I will instruct my agent to ask this and if anyone answers yes then that tenant is not for me.

Shadylou

You know what I really hope none of you find yourselves in a difficult situation cos it'll be hard for you to come off your high horses!!
1. In July my hours in work were cut, leaving me with €360 less a month. I spoke to my landlord about reducing my rent but he told me no and that he would be increasing my rent by €150 per month in May. I told him that I would definitely have to move and he just shrugged his shoulders
2. At Xmas when he came to service the boiler I told him again how badly I was struggling with the rent and again he just shrugged his shoulders
3. I have been keeping an eye on daft and my home since August to see what kind of house I would get for my money and not one house has come up in that time
4. A friend told me about a neighbour moving out and gave me the landlords number, I went to see the house and it's affordable and suits my needs. The landlord explains that he does have another couple interested in the house, they don't have kids and he'd be more inclined to rent to them because of wear and tear but he said that if I moved in at the start of march I could have the house.
5. My savings have been eaten up keeping a roof over our heads and the kids fed so I did not have any extra money at all. I had a horrible decision to make and I chose to secure the house, I did not feel good about this but genuinely had no choice myself and my ex were willing to pay to relist the property on daft and to come to an arrangement to pay the rent for February and until he had relet the house.
6. I rang the landlord to tell him, he shouted down the phone at me
7. The landlord called down to evict me and I have since heard from other neighbours who would be in touch with him that he has tenants willing to move in on Saturday and that's why he wanted me out so quickly. I called the guards as he was trying to force his way into the house and had a Hurley in his hand.

I just want to be gone from this house and as he already has the house let I am not willing to come to an arrangement with him. Thank you for all the constructive comments from those of you who tried to put themselves in my shoes.

dinnyirwin

I hope your new landlord doesnt ring this fella for a reference before you move in.

beauf

After 6 yrs of trouble free renting (I assume) I think a LL should give some consideration for that. To get hassle free tenant for so long and the property back in decent condition is what a LL wants.

The_Morrigan

Shadylou wrote: »

You know what I really hope none of you find yourselves in a difficult situation cos it'll be hard for you to come off your high horses!!
1. In July my hours in work were cut, leaving me with €360 less a month. I spoke to my landlord about reducing my rent but he told me no and that he would be increasing my rent by €150 per month in May. I told him that I would definitely have to move and he just shrugged his shoulders
2. At Xmas when he came to service the boiler I told him again how badly I was struggling with the rent and again he just shrugged his shoulders
3. I have been keeping an eye on daft and my home since August to see what kind of house I would get for my money and not one house has come up in that time
4. A friend told me about a neighbour moving out and gave me the landlords number, I went to see the house and it's affordable and suits my needs. The landlord explains that he does have another couple interested in the house, they don't have kids and he'd be more inclined to rent to them because of wear and tear but he said that if I moved in at the start of march I could have the house.
5. My savings have been eaten up keeping a roof over our heads and the kids fed so I did not have any extra money at all. I had a horrible decision to make and I chose to secure the house, I did not feel good about this but genuinely had no choice myself and my ex were willing to pay to relist the property on daft and to come to an arrangement to pay the rent for February and until he had relet the house.
6. I rang the landlord to tell him, he shouted down the phone at me
7. The landlord called down to evict me and I have since heard from other neighbours who would be in touch with him that he has tenants willing to move in on Saturday and that's why he wanted me out so quickly. I called the guards as he was trying to force his way into the house and had a Hurley in his hand.

I just want to be gone from this house and as he already has the house let I am not willing to come to an arrangement with him. Thank you for all the constructive comments from those of you who tried to put themselves in my shoes.

There are plenty of people in your predicament - I'm one of them after losing my job after 8 years. Try paying a mortgage when your income drops by 3K a month.
That doesn't change the advice given here - you were in the wrong and the landlord didn't help matters either.
There are no high horses here, you just don't like the answers that you've been given as they don't support your actions to date.

Shadylou

The_Morrigan wrote: »

There are plenty of people in your predicament - I'm one of them after losing my job after 8 years. Try paying a mortgage when your income drops by 3K a month.
That doesn't change the advice given here - you were in the wrong and the landlord didn't help matters either.
There are no high horses here, you just don't like the answers that you've been given as they don't support your actions to date.

It's not that I don't like the answers....I've accepted the whole time that what I was doing was wrong and was prepared to come to an arrangement.
However when I get called names and people comment on what kind of parent I am.....too far

dissed doc

Shadylou wrote: »

I have a bit of a problem, have been renting a house for the past 6 years but due to a relationship break up, I can't afford to keep renting such a big house.
I live in an urban area so there are few properties with good facilities like a front and back garden which are essential to me as I have kids. My ex is paying what he can afford but it's just not feasible to keep this lovely house on.
I asked the landlord for a rent reduction as my circumstances have changed but he just laughed at me and told me he was actually considering a rent increase soon:mad:
I've been looking around but suitable properties are few and far between, a friend has let me know that her neighbours are moving out and the house is perfect for us. I met with the landlord and he is keeping the rent at the current price, the only problem is that the outgoing tenants also have a friend who wants to live there but they can't move in til the end of March so the landlord has said that if I move in at the start of march the house is mine otherwise he will let it to the other couple who have no kids so the wear and tear would be a lot less. I had to agree to this as I really want the house.
I haven't paid my rent for this month yet because I had to give the new landlord a deposit and I know it's really crappy of me to do this but I don't think I have any other choice, I can't afford to pay rent on 2 houses for March .
Realistically can my current landlord sue me for unpaid rent (I obviously won't be getting my deposit back) I'm sick with worry over this, I still have 3 months left on my current lease and I'll only be giving 1 weeks notice?

YOu are meant to give 56 days notice and have the rent fully paid until the last day, otherwise you are breaking the tenancy contract.

The deposit is a separate issue to the rent due.

beauf

dinnyirwin wrote: »

I hope your new landlord doesnt ring this fella for a reference before you move in.

Do you think 6yrs and one month missed is a bad reference?