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Landlord wont hand over a written notice

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    #62
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    Chuchote wrote: »
    OP hasn't *refused* to pay the last month's rent; s/he is holding it until the landlord provides the letter.
    If the OP has any letter, text, etc, from the landlord, saying for them to move out; grand, try the illegal eviction route, and/or use it to get the letter that the OP wants.

    Otherwise, the LL could just turn around and say that the OP didn't pay a months rent, and moved out of the apartment without giving proper notice.
    Chuchote wrote: »
    My other guess is that as soon as you tell the ex-landlord that you're going to take him/her to the PRTB, the letter will magically appear and you can hand over your rent once you've read it and made sure it's satisfactory.
    As above, giving the OP the letter doesn't make sense to the LL.


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    #63
    Askthe EA
    Registered Users Posts: 724 ✭✭✭Askthe EA


    This whole situation is fubar...... The OP moved in without having to pay a deposit??


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    #64
    Clampdown
    Closed Accounts Posts: 423 ✭✭Clampdown


    If there was no deposit paid, and you got a month's free rent, and already have a new place sorted, I would just move on without the letter. However if there was no written notice given, then the eviction is invalid and illegal. It's the first thing the PRTB considers in cases like this - was there a valid notice given? If not, it's game set and match. Check the recent tribunal results, when there is an invalid notice = judgement for the tenant.


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    #65
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    armabelle wrote: »
    Yes you are probably right. But what happens if someone can't make rent because of financial difficulty? Is that also illegal?

    Yes it is illegal. The legal process is set out in the RTA 2004. The landlord must give 14 days notice of rent arrears followed by a 28 days notice of termination. The consequence is termination of the tenancy not jail time but it is no less illegal because of it.


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    #66
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    regi3457 wrote: »
    Absolutely. I am not disputing that fact. What I am saying is that a crime that someone is prosecutent thed for is not the same as not paying rent. Maybe they are still "illegal" as you say but I just think t Trenthat is a strong word. That is my opinion and don't condone or recommend anything by saying it.

    Why pay any rent ever then...


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