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Withholding last months rent

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    #92
    mountai
    Registered Users Posts: 953 ✭✭✭mountai


    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.
    You have just managed to "Snatch Defeat from the Jaws of Victory"


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    #93
    dissed doc
    Closed Accounts Posts: 1,489 ✭✭✭dissed doc


    beauf wrote: »
    Do you think 6yrs and one month missed is a bad reference?

    In fairness, paying the rent due on time is default behaviour, and not a sign of a "good" tenant. Likewise having the property in reasonable condition is also a normal expectation.

    Causing a lot of problems at the end of a tenancy is definitely a sign of a problem tenant.


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    #94
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    dissed doc wrote: »
    In fairness, paying the rent due on time is default behaviour, and not a sign of a "good" tenant. Likewise having the property in reasonable condition is also a normal expectation.

    Causing a lot of problems at the end of a tenancy is definitely a sign of a problem tenant.

    With respect I don't think you have any concept of what a bad tenant is. There's expectation and then there's the real world. Lot of very idealistic opinions on this thread. I doubt many LL would share. Their focus would be on the next tenant.


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    #95
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    Turk - constructive posts only please!

    Morri


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    #96
    dinnyirwin
    Registered Users Posts: 206 ✭✭dinnyirwin


    beauf wrote: »
    With respect I don't think you have any concept of what a bad tenant is. There's expectation and then there's the real world. Lot of very idealistic opinions on this thread. I doubt many LL would share. Their focus would be on the next tenant.

    Imagine you are a landlord. You have a potential tenant you ring their last couple of landlords and get told that she was great until the end, that she broke the lease and left with hardly any notice and you ended up having an altercation where the guards were called. Much like marriages end. They are all good til the end and then true colours come out.

    Whether she was in the right or the wrong, the relationship ended terribly with the tenant fuking the landlord over.

    I dont think you would be taking the risk on this tenant. And only a stupid landlord is not going to check references these days.


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    #97
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    You have this battle I say with at least half of tenants. Having one stay 6yrs with no issues till leaving maybe 1 in 10.

    Can't see the wood for the trees IMO.


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    #98
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    OP, the circumstances you find yourself in are unfortunate but your LL did nothing wrong and was not responsible for your predicament. He is not required to lower your rent just because you want him to.

    The issues most readers find hard to fathom is that you think you were doing him a favour by coming to an "arrangement" and that you feel vindicated in paying rent on the other property rather than the one you are in just because it's the cheaper of the two.

    Because of the rising number of people now vying for each rental property, LLs are becoming more particular about who they rent to and the terms of the contracts. If your new LL wants to check your reference, which virtually all now do, you are in a bind.


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    #99
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    beauf wrote: »
    You have this battle I say with at least half of tenants. Having one stay 6yrs with no issues till leaving maybe 1 in 10.

    Can't see the wood for the trees IMO.

    You could be right beauf but a good tenant is only good tenant as long as they are a good tenant. One you gives no notice and fails to pay rent is not a good tenant. Also it should be remembered that without a deposit LL will have no payment for any damages found after OP leaves.


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    #100
    Shadylou
    Registered Users Posts: 252 ✭✭Shadylou


    davo10 wrote: »
    You could be right beauf but a good tenant is only good tenant as long as they are a good tenant. One you gives no notice and fails to pay rent is not a good tenant. Also it should be remembered that without a deposit LL will have no payment for any damages found after OP leaves.

    I have text the landlord and told him that any damages beyond wear and tear I will pay for......the house was let unfurnished and while some of the walls may need done painting that is to be expected after 6 years..all flooring is perfect


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    #101
    dinnyirwin
    Registered Users Posts: 206 ✭✭dinnyirwin


    Shadylou wrote: »
    I have text the landlord and told him that any damages beyond wear and tear I will pay for......the house was let unfurnished and while some of the walls may need done painting that is to be expected after 6 years..all flooring is perfect

    Why would he believe you?
    Seriously, you better hope your new landlord doesnt ask for a reference before giving you the keys.


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    #102
    Shadylou
    Registered Users Posts: 252 ✭✭Shadylou


    dinnyirwin wrote: »
    Why would he believe you?
    Seriously, you better hope your new landlord doesnt ask for a reference before giving you the keys.

    Have already sorted everything out with new landlord


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    #103
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Shadylou wrote: »
    Have already sorted everything out with new landlord

    But you are not in yet, otherwise you have vacated your current house. All tenancy contracts have a subject to references clause. New LL might still look for this.


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    #104
    seb65
    Registered Users Posts: 402 ✭✭seb65


    Personally, it appears that this situation could have been handled much better.

    Whatever the OP's actions this month, she has found herself in a difficult situation since August. She told her LL in July that she had a change in circumstances. Not his problem, he shrugs his shoulders. Some people commenting on here are okay with that. It's her responsibility to pay her rent. She should fulfill her legal obligations - no matter the hardship. Black and white.

    She does what she can, uses savings, etc and keeps paying her rent - even though it's presenting a hardship. Christmas she tells the LL she's having a hard time and is looking for another place to live. He doesn't care. Tells her she has to stay until May, no matter what. She is legally obliged, of course.

    Until this month, she's done nothing wrong. Nothing.

    She finds a new place. She is not fulfilling her legal obligations by using the damage deposit for the month of March. True. Then there is April and May (not sure how much of May). Worst case scenario she will owe him 3 months back rent by the time her lease expires. That is not taking into consideration that if there is no damage (and OP has told LL she will pay for any damage) and if the place is rented before the end of March - he will be out nothing by the OP's actions. Nothing, nada, zip.

    It appears, the LL had actually found new tenants to move in by Saturday. Why in God's name did he not just approach the OP with this as the solution? Everyone would have been happy. The OP may have even gotten her DD back.

    Instead he acts like a total meathead and has made the situation ten times worse. He thought it more important to be a bully.

    The man threatened a woman and children with a hurl.

    Who sticks up for someone like that?


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


    seb65 wrote: »
    .......
    The man threatened a woman and children with a hurl.

    Who sticks up for someone like that?

    Hold on a minute there now - there is a massive difference to holding a hurley to threatening a woman and children with a hurl.

    Don't go throwing things out of proportion, if he was acting in a threatening manner he would have been arrested there and then!


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    #106
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    davo10 wrote: »
    You could be right beauf but a good tenant is only good tenant as long as they are a good tenant. One you gives no notice and fails to pay rent is not a good tenant. Also it should be remembered that without a deposit LL will have no payment for any damages found after OP leaves.

    You're whistling dixie. Its business, theres no more money here, you get the tenant out and the next one in as fast as possible. After 6yrs you'll be giving the house a refurb.
    dinnyirwin wrote: »
    Why would he believe you?
    Seriously, you better hope your new landlord doesnt ask for a reference before giving you the keys.

    If the LL can add he'll know what side his bread is buttered.


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    #107
    drunkmonkey
    Registered Users Posts: 28,193 ✭✭✭✭drunkmonkey


    There might be no money but she called the Garda, she changed the rules there and then.
    He will probably pursue it just to clear his name. I would.


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    #108
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    You'll have to invent a charge for him to be cleared of it.


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    #109
    drunkmonkey
    Registered Users Posts: 28,193 ✭✭✭✭drunkmonkey


    beauf wrote: »
    You'll have to invent a charge for him to be cleared of it.

    Clear it with the local Garda. It's a small place.


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    #110
    seb65
    Registered Users Posts: 402 ✭✭seb65


    The_Morrigan wrote: »
    Hold on a minute there now - there is a massive difference to holding a hurley to threatening a woman and children with a hurl.

    Don't go throwing things out of proportion, if he was acting in a threatening manner he would have been arrested there and then!

    Right, I know my LLs always bring a hurl over when they pop over for a chat.

    :rolleyes:


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    #111
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    seb65 wrote: »
    Right, I know my LLs always bring a hurl over when they pop over for a chat.

    :rolleyes:

    Being from KK, it's common practice to meet people in all situations who are holding a hurl, doesn't mean they are going to assault me.


    I think this thread is done.


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