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Landlord wont give back deposit. Help!!!

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  • 23-03-2014 6:16pm
    #1
    crossy
    Registered Users Posts: 194 ✭✭


    Hi,

    I am moving out of a flat next friday and reminded the landlord last Friday incase he forgot since signing the lease..

    He is telling me I should have given a months notice.

    I didnt think I had to give notice since my lease is up on Friday anyway.

    It says nothing in my lease about a months notice
    I was also told nothing by him.

    My deposit is €520 but he says I am not getting it back if I move out without the months notice.

    Have I done anything for him to not give me my lease back?
    Is there anything I can do to get the deposit back ?

    cheers


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    #2
    GerardKeating
    Registered Users Posts: 7,660 ✭✭✭GerardKeating


    crossy wrote: »
    Hi,

    I am moving out of a flat next friday and reminded the landlord last Friday incase he forgot since signing the lease..

    He is telling me I should have given a months notice.

    I didnt think I had to give notice since my lease is up on Friday anyway.

    It says nothing in my lease about a months notice
    I was also told nothing by him.

    My deposit is €520 but he says I am not getting it back if I move out without the months notice.

    Have I done anything for him to not give me my lease back?
    Is there anything I can do to get the deposit back ?

    cheers

    Depending on the exact wording, your lease (like a mobile contact) might not be expiring.

    You had a minimum term for the lease of one year, and then you move to a rolling lease with a one month notice requirement.

    you need to read the lease to check this..


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    #3
    TheDriver
    Registered Users Posts: 12,509 ✭✭✭✭TheDriver


    Unless landlord is eejit with crap lease agreement, he is probably right. Check lease as per last poster but landlord is more than likely correct. Imagine if on Fri he turned up to kick you out because lease was up? Or mobile company cuts you off 1 year and day because contract is over?


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    #4
    Grandpa Hassan
    Registered Users Posts: 1,945 ✭✭✭Grandpa Hassan


    Leases generally don't work like that, OP. You'll have to check the wording, but if be very surprised if you do not still have to give notice.


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    #5
    crossy
    Registered Users Posts: 194 ✭✭crossy


    It was a short term 6 month lease with a guaranteed move out date stated.


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    #6
    Grandpa Hassan
    Registered Users Posts: 1,945 ✭✭✭Grandpa Hassan


    crossy wrote: »
    It was a short term 6 month lease with a guaranteed move out date stated.

    Was it specifically stated as the date at which you will move out....or just the end date of the lease?


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    #7
    crossy
    Registered Users Posts: 194 ✭✭crossy


    Grandpa Hassan wrote: »
    Was it specifically stated as the date at which you will move out....or just the end date of the lease?

    It says its a move out date


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    #8
    GerardKeating
    Registered Users Posts: 7,660 ✭✭✭GerardKeating


    crossy wrote: »
    It says its a move out date

    And there is no option to renew specified ?


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    #9
    crossy
    Registered Users Posts: 194 ✭✭crossy


    GerardKeating wrote: »
    And there is no option to renew specified ?

    No there is no option as I clearly agreed at the start that I would only need it for 6 months. he even wrote down the exact day on the lease in which I would be moving out


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    #10
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    crossy wrote: »
    No there is no option as I clearly agreed at the start that I would only need it for 6 months. he even wrote down the exact day on the lease in which I would be moving out

    That was clever!

    Maybe call Threshold on this one as it is i think unusual.


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    #11
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    It should be absolutely clear cut if the lease defines the moving out date as well as the start date. The only issue might be that the RTA mentions something about not being able to agree to notice periods prior to them being officially given (ie you cant mutually agree to a shorter notice in a lease; you must agree to it when the time comes), but I dont think this would apply here.


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