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Apartament rental contract

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  • 15-06-2017 10:44pm
    #1
    Registered Users Posts: 2


    Hi there,
    Im confused now about my situation, we have renting a apartment for 14months, contract was signed for 12 months and after that period agency bought all apartments in that house and I still did not get new contract, that means that they said that they will be in touch with me soon but they didnt and I am living there 2months without paying a rent, cause nobody asked us or gave a new contract.. I want to move out to a house and just wondering, how I can leave my apartment, do I still need to pay rent for last 2months that I lived there? Couse my old contract period is over, apartments were sold and I still didnt get a new contract..

    thanks a lot guys


Comments

  • Registered Users Posts: 692 ✭✭✭jmBuildExt


    Firstly - you have posted this in the wrong forum - this one is about home appliances, as in dishwashers and washing machines :)

    Now, regarding your problem; You still owe the money. But it seems that your landlord may be having administration issues in collecting it. But technically - you owe the money.

    Generally speaking; once you have stayed in a place for more than 6 months you have a right to stay there (its called "security of tenure") and it can only be removed under certain circumstances. So if you are availing of that right - by stayingi in someone else's property - they are entitled to payment.


    See here for more information
    http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

    I dont know all the circumstances of your issue, you should go to the citizens advice bureau if you are unsure.


  • Registered Users Posts: 2 Laimizz


    Sorry about wrong forum..

    Its not a nice question, but what if I will move to live somewhere else and I will say them that I am not living there since you bought apartments, couse I never sign new landlord contract and last one is expired.. We have little problems with money at the moment so it could help us.

    Thanks ;)


  • Registered Users Posts: 692 ✭✭✭jmBuildExt


    Well, I think you know the answer.

    The fact that the property changed ownership complicates it slightly, but the chances are that the property was sold with some condition that new owner would inherit the old tenants. But as far as you are concerned you are still using something that belongs to someone else and must pay for it.

    Doing what you suggest could make it worse for you in the long run. i.e. if you do not give notice to the landlord, that you are leaving, he/she is entitled to make the assumption you are still living there, and charge you for it.
    So whenever he does get round to seeking payment you may owe alot more than you do now albeit he will have to find you.

    I suggest you ring the RTB (your tenancy should be registered with them) and get their advice regarding where you stand with respect to the change of ownership.

    Anyway thats just my opinion, you should get mods move this to housing forum where you will get more opinions.


  • Posts: 31,118 ✭✭✭✭ [Deleted User]


    Moved to accommodation & property to get more answers.


  • Registered Users Posts: 1,447 ✭✭✭davindub


    Laimizz wrote: »
    Sorry about wrong forum..

    Its not a nice question, but what if I will move to live somewhere else and I will say them that I am not living there since you bought apartments, couse I never sign new landlord contract and last one is expired.. We have little problems with money at the moment so it could help us.

    Thanks ;)

    You need to pay for the period of occupation and give notice to the landlord that you want to terminate. Have a look at the RTB website.


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  • Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Llaimizz wrote: »
    Hi there,
    Im confused now about my situation, we have renting a apartment for 14months, contract was signed for 12 months and after that period agency bought all apartments in that house and I still did not get new contract, that means that they said that they will be in touch with me soon but they didnt and I am living there 2months without paying a rent, cause nobody asked us or gave a new contract.. I want to move out to a house and just wondering, how I can leave my apartment, do I still need to pay rent for last 2months that I lived there? Couse my old contract period is over, apartments were sold and I still didnt get a new contract..

    thanks a lot guys

    The fact that your previous contract expired does not excuse you from paying rent. The end of the contract is not the end of the tenancy.

    You owe 2 months rent.

    To end the tenancy you need to give the necessary notice. As your tenancy is 1 year or longer but less than 2 years the notice period is 6 weeks (42 days).


  • Registered Users Posts: 10,328 ✭✭✭✭Marcusm


    Laimizz wrote: »
    Sorry about wrong forum..

    Its not a nice question, but what if I will move to live somewhere else and I will say them that I am not living there since you bought apartments, couse I never sign new landlord contract and last one is expired.. We have little problems with money at the moment so it could help us.

    Thanks ;)

    There is an inherent illogicality in your position; if you felt you did not need to pay rent as the lease expired, on what basis did you continue to occupy the property?

    It's fairly obvious that you should approach the agency with the rent which you should have paid and seek to agree a notice period. Being in default in this tenancy is unlikely to assist you in finding a new one.


  • Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    It is specifically provided in the RTA that when a written lease expires and the tenant remains in occupation without entering another lease a month to month tenancy commences. The expiry of a lease has no effect on liability for rent unless the tenant vacates.


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