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moving out midmonth. landlord wants full month rent

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  • 28-05-2014 7:02am
    #1
    Dr Nic
    Closed Accounts Posts: 1,323 ✭✭✭


    As above.
    We gave 6 weeks notice or More. Landlord text me saying we still have to pay the whole months rent tho 'as the mortgage is 1k and it still has to be paid'.

    Thoughts?
    What if he goes after our deposit if we don't pay?
    Thank you


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    #2
    3DataModem
    Registered Users Posts: 3,997 ✭✭✭3DataModem


    That's nonsense.

    If you've given proper notice etc (which it sounds like you have), then leaving mid-month shouldn't be an issue.

    His mortgage is nothing to do with you.
    Sounds like he is broke, and has no idea what he is doing.

    Advice? Hold the last rent payment to ensure you get at least some of your deposit.


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    #3
    Dr Nic
    Closed Accounts Posts: 1,323 ✭✭✭Dr Nic


    Thats what I was thinking but wanted to be sure. Legally like
    We've already held the last months rent but if he does try keep the deposit is there anything we can do?


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    #4
    3DataModem
    Registered Users Posts: 3,997 ✭✭✭3DataModem


    Dr Nic wrote: »
    Thats what I was thinking but wanted to be sure. Legally like
    We've already held the last months rent but if he does try keep the deposit is there anything we can do?

    Legally, you shouldn't hold last months rent. My suggestion is simply the most pragmatic. What you can legally do is go to PRTB if he holds deposit, and maybe have it in time for Oxygen 2015.


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    #5
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    Dr Nic wrote: »
    What if he goes after our deposit if we don't pay?
    I agree with 3DataModem, as it sounds like the landlord probably has the deposit spent already. What multiple of the months rent is the deposit?


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    #6
    diegroblers
    Registered Users Posts: 108 ✭✭diegroblers


    It depends what your contract says. If it mentions "calender month", you might have a problem. How is he supposed to rent out a place for two weeks?


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    #7
    gctest50
    Registered Users Posts: 9,605 ✭✭✭gctest50


    the_syco wrote: »
    I agree with 3DataModem, as it sounds like the landlord probably has the deposit spent already............

    It all needs a shake-up really

    - deposits could be lodged into an "escrow" type thing with the PRTB


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    #8
    fash
    Registered Users Posts: 2,275 ✭✭✭fash


    diegroblers wrote: »
    It depends what your contract says. If it mentions "calender month", you might have a problem. How is he supposed to rent out a place for two weeks?
    This is incorrect. All parties to contacts have a duty to mitigate if there is a breach by the other side. Even if there were such a clause unless there are some very peculiar circumstances, the landlord can start the process to replace the tenant.


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    #9
    diegroblers
    Registered Users Posts: 108 ✭✭diegroblers


    fash wrote: »
    This is incorrect. All parties to contacts have a duty to mitigate if there is a breach by the other side. Even if there were such a clause unless there are some very peculiar circumstances, the landlord can start the process to replace the tenant.

    Yes, but if the contract does state "calender month", then the OP is in breach and the landlord has grounds to keep the deposit for the remainder of the month.


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    #10
    fash
    Registered Users Posts: 2,275 ✭✭✭fash


    diegroblers wrote: »
    Yes, but if the contract does state "calender month", then the OP is in breach and the landlord has grounds to keep the deposit for the remainder of the month.
    That is not what a deposit is for. If the tenant had given the correct number of days notice and done so otherwise correctly also- even if it means that termination lands mid month- then the landlord may not retain the deposit or seek damages for a breach of a term saying that renting is month to month only- without extraordinary circumstances justifying that. The landlord's duty to mitigate counteracts the term in most circumstances.


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    #11
    murphaph
    Registered Users Posts: 19,022 ✭✭✭✭murphaph


    First of all...

    Is this tenancy covered by a fixed term lease or is it a Part IV tenancy? That makes all the difference and it's not clear which it is.


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    #12
    housetypeb
    Registered Users Posts: 1,192 ✭✭✭housetypeb


    If you held back the last months rent -why are you looking for the deposit?


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    #13
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    housetypeb wrote: »
    If you held back the last months rent -why are you looking for the deposit?

    They already said they've paid the last month's rent?


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    #14
    diegroblers
    Registered Users Posts: 108 ✭✭diegroblers


    Dr Nic wrote: »
    We've already held the last months rent but if he does try keep the deposit is there anything we can do?
    athtrasna wrote: »
    They already said they've paid the last month's rent?

    No, they didn't "pay" it, they "held" it.


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    #15
    Marchbride
    Registered Users Posts: 188 ✭✭Marchbride


    You should only have to pay half mths rent. Has he begun viewings to allow for new tenant so he's not out of pocket? We are in same position, gave our 2mths notice at start of may. We've just cancelled DD for rent coming out on 1st June. Feel sick about it but we paid a mth in advance at start of tenancy and they also have our deposit. But it's a crap position to be in. Hope you get sorted out


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    #16
    murphaph
    Registered Users Posts: 19,022 ✭✭✭✭murphaph


    More uninformed comments ^^

    Is the tenancy still running under a fixed term lease?

    If not, how long has the tenancy existed?

    These questions need answering before anyone can say anything about the rights and wrongs of the situation!!!


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    #17
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    Folks the next person to advise the OP to withhold rent will receive a ban.


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    #18
    Marchbride
    Registered Users Posts: 188 ✭✭Marchbride


    I never said to withold rent. Said he 'should' only pay half doesn't mean I'm telling him too! There's obviously info missing from what he is saying in terms of his rights in tenancy on basis of duration in situ. He's already held last months rent.


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    #19
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Dr Nic-

    1. How many months rent is the deposit? 2-3?
    2. Is the tenancy governed by a lease (or is it a Part IV tenancy)?
    3. Is the lease finished, or does it have further to run?
    4. When does the lease specify rent is to be paid (if you have a lease, it will have a payment schedule associated with it)....
    5. The deposit is to remedy any damage caused by the tenant, over and above normal wear and tear. It is not for you to decide it should be taken by the landlord in lieu of rent, nor is it for the landlord to unfairly withhold the return of the deposit to you, on elapse of the tenancy.
    6. How long has the tenancy lasted? Aka- was appropriate notice, under the Act, given?

    There are too many unknowns here- its all well and good to point the finger at the landlord- and suggest he/she has spent your deposit and has no intention of returning to you- or point our finger at you- and become shrill about you failing to pay your rent. The truth is probably a little more prosiac. We don't have enough information.


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