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Eviction notice

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  • 21-10-2014 3:10pm
    #1
    Leilak
    Registered Users Posts: 379 ✭✭


    could someone tell me how much notice I need to give a tenant who is renting a room in my house please, no lease agreement - he is currently here 12 months


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    #2
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    Leilak wrote: »
    could someone tell me how much notice I need to give a tenant who is renting a room in my house please, no lease agreement - he is currently here 12 months

    There is no legal requirement if you are the owner. The notice should be reasonable..try match it up with the rent payment schedule.


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    #3
    Leilak
    Registered Users Posts: 379 ✭✭Leilak


    great thanks :)


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    #4
    Mrs OBumble
    Registered Users Posts: 25,966 ✭✭✭✭Mrs OBumble


    Leilak wrote: »
    could someone tell me how much notice I need to give a tenant who is renting a room in my house please, no lease agreement - he is currently here 12 months

    Are you living there? If so, then zero notice is required, you just have to be "reasonable".


    If not, then the standard amounts (as detailed on Citizen Information website) - it is depends on which side of 12 months he is:
    6 months to 1 year 5 weeks (35 days)
    1 to 2 years 6 weeks (42 days)
    and you need to have an acceptable reason.


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    #5
    Leilak
    Registered Users Posts: 379 ✭✭Leilak


    Mrs OBumble wrote: »
    Are you living there? If so, then zero notice is required, you just have to be "reasonable".


    If not, then the standard amounts (as detailed on Citizen Information website) - it is depends on which side of 12 months he is:
    6 months to 1 year 5 weeks (35 days)
    1 to 2 years 6 weeks (42 days)
    and you need to have an acceptable reason.

    yep l am just me and himself ah ye il give reasonable notice would 2 weeks be enough ?


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    #6
    Penny Tration
    Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    Leilak wrote: »
    yep l am just me and himself ah ye il give reasonable notice would 2 weeks be enough ?

    Two weeks isn't long for finding a new place tbh.

    I'd give a month if he's a decent guy.


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    #7
    Deenie123
    Closed Accounts Posts: 481 ✭✭Deenie123


    Two weeks notice? That's certainly not reasonable! I think anyone would agree that a month's notice is the bare minimum that would be acceptable - owner occupied or not. That is unless he's being a living nightmare or anything like that, I'm working off the assumption that we're talking about a fairly reasonable person. If you want him out sooner, you could give him a month's notice but allow him to leave earlier if he finds a place sooner.


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    #8
    lukesmom
    Registered Users Posts: 4,400 ✭✭✭lukesmom


    Yeah two weeks notice is just mean in my opinion. Very hard to find accommodation at the moment so at least a month is reasonable.


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    #9
    salamanca22
    Registered Users Posts: 1,179 ✭✭✭salamanca22


    Unless the licensee is causing problems then I will echo what others are saying and suggest a months notice. However this is up to you and what you feel yourself is reasonable. The usual goto is the notice period would be the same as the rent period. I.E. if he is paying month to month then you would give a months notice.

    Of course reasonable is very subjective and a week might suffice depending on the situation or even 24 hours if it is a problem licensee.


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    #10
    Leogirl
    Registered Users Posts: 455 ✭✭Leogirl


    I rent out a room in my house & was caught in the opposite scenario - lodger only gave 2 weeks notice, he was paying monthly. In the end, HE said he was being unfair to me so only requested half his deposit back as he hadnt given me reasonable notice & he knew he hadnt given me time to find a replacement. So I would assume a months notice is considered reasonable to give tenant - give them enough time to find another place to live.


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    #11
    salamanca22
    Registered Users Posts: 1,179 ✭✭✭salamanca22


    Leogirl wrote: »
    I rent out a room in my house & was caught in the opposite scenario - lodger only gave 2 weeks notice, he was paying monthly. In the end, HE said he was being unfair to me so only requested half his deposit back as he hadnt given me reasonable notice & he knew he hadnt given me time to find a replacement. So I would assume a months notice is considered reasonable to give tenant - give them enough time to find another place to live.

    That was nice of him as legally speaking he had no obligation to you regarding extra rent.


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    #12
    Leogirl
    Registered Users Posts: 455 ✭✭Leogirl


    salamanca22 wrote: »
    That was nice of him as legally speaking he had no obligation to you regarding extra rent.

    Totally agree, he was a sound guy


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    #13
    zom
    Registered Users Posts: 1,908 ✭✭✭zom


    Totally opposite scenario - I'm in the flat for last 3 years, and recently asked landlord to do some fixing to kitchen.
    In verbal response (while rent collection) he stated that he wont do any fixings as flat is going on sale after new year.
    He didn't said any specific date and I didn't ask him if that's official Eviction Notice.
    But now I am worried if this can be treated as Eviction Notice and he can come any day in 2015 and throw me out?


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    #14
    Icepick
    Registered Users Posts: 2,456 ✭✭✭Icepick


    zom wrote: »
    Totally opposite scenario - I'm in the flat for last 3 years, and recently asked landlord to do some fixing to kitchen.
    In verbal response (while rent collection) he stated that he wont do any fixings as flat is going on sale after new year.
    He didn't said any specific date and I didn't ask him if that's official Eviction Notice.
    But now I am worried if this can be treated as Eviction Notice and he can come any day in 2015 and throw me out?
    Eviction Notice needs to be in writing and contain certain details.
    google it


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    #15
    salamanca22
    Registered Users Posts: 1,179 ✭✭✭salamanca22


    zom wrote: »
    Totally opposite scenario - I'm in the flat for last 3 years, and recently asked landlord to do some fixing to kitchen.
    In verbal response (while rent collection) he stated that he wont do any fixings as flat is going on sale after new year.
    He didn't said any specific date and I didn't ask him if that's official Eviction Notice.
    But now I am worried if this can be treated as Eviction Notice and he can come any day in 2015 and throw me out?
    If your landlord wants you to leave, he/she must serve you with a notice of termination. The notice can be posted to you, be given to you in person or be left for you at the property.

    Section 62 of the RTA sets down the requirements for a valid notice of termination. In order to be valid, a notice of termination must:

    Be in writing
    Be signed by the landlord (or an authorised agent)
    Specify the date of termination of the tenancy
    State that you have the whole 24 hours of the termination date to vacate the property
    Specify the date of the notice itself
    State the reason for termination (if a tenancy has lasted more than 6 months)
    State that any issue with the notice must be referred to the PRTB within 28 days from the receipt of the notice.
    The PRTB provides an example notice of termination (pdf).

    http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html#lab681


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    #16
    eriepeking
    Registered Users Posts: 29 ✭eriepeking


    Mrs OBumble wrote: »
    Are you living there? If so, then zero notice is required, you just have to be "reasonable".


    If not, then the standard amounts (as detailed on Citizen Information website) - it is depends on which side of 12 months he is:
    6 months to 1 year 5 weeks (35 days)
    1 to 2 years 6 weeks (42 days)
    and you need to have an acceptable reason.

    Sorry I know this is a bit off the subject. but i wanted to ask,My tenant only stayed for 2 months so far, so I gave her a wk notice is fair?


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    #17
    salamanca22
    Registered Users Posts: 1,179 ✭✭✭salamanca22


    eriepeking wrote: »
    Sorry I know this is a bit off the subject. but i wanted to ask,My tenant only stayed for 2 months so far, so I gave her a wk notice is fair?

    If the person is living with you they are a licensee and notice period is is totally subjective to what you believe reasonable would be and if it came to it a small claims court judge. Are you having problems with the licensee?


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