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Ilegal Notice?

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  • 18-11-2014 10:52pm
    #1
    tendjose
    Registered Users Posts: 295 ✭✭


    Hi,

    I have a contract for renting an house for 6 months. After 3 months got a 30 day notice to leave.

    I don't see any clause on the contract that says he can give notice.

    Although he told me several times, "If you leave before the contract, you loose the deposit", now he thinks he can say "Get the hell out of here".

    Also he says I didn't do anything wrong be he needs the house for the daughter.....

    Is this legal?


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    #2
    ZENER
    Registered Users Posts: 6,163 ✭✭✭ZENER


    There are more clued up people here who will correct me if I'm wrong but I think in the first 6 months he can tell you to go without reason. After that he can give notice if he plans on selling the property or if he plans on moving back in himself or a family member is being given the property.

    I'm sure you would be entitled to your deposit back as it's him who is asking you to leave. Like I said there are people here who can point you in the right direction but this is my understanding of it.

    Hope it works out for you.

    Ken


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    #3
    Calhoun
    Registered Users Posts: 7,447 ✭✭✭Calhoun


    Depends on the contract if it was a fixed term contract, i dont believe he can kick you out but you would really need to look at what you have.


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    #4
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    tendjose wrote: »
    Hi,

    I have a contract for renting an house for 6 months. After 3 months got a 30 day notice to leave.

    I don't see any clause on the contract that says he can give notice.

    Although he told me several times, "If you leave before the contract, you loose the deposit", now he thinks he can say "Get the hell out of here".

    Also he says I didn't do anything wrong be he needs the house for the daughter.....

    Is this legal?

    Please call Threshold for advice. After a similar issue I am sure they will say that a fixed term lease stands whatever. I was served with an eviction notice a few years ago during a 12 month fixed term and there was no way he could do that. The house belonged to the son who came back from abroad and wanted in.. I had a case going with the PRTB who aid he could not legally evict me during a fixed term lease.


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    #5
    gaius c
    Registered Users Posts: 3,528 ✭✭✭gaius c


    ZENER wrote: »
    There are more clued up people here who will correct me if I'm wrong but I think in the first 6 months he can tell you to go without reason. After that he can give notice if he plans on selling the property or if he plans on moving back in himself or a family member is being given the property.

    I'm sure you would be entitled to your deposit back as it's him who is asking you to leave. Like I said there are people here who can point you in the right direction but this is my understanding of it.

    Hope it works out for you.

    Ken

    Only applies in the case of a part IV tenancy but the OP has a contract for six months. Unless there's a clause that allows it, the landlord needs to take a jump.


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