Landlord trying to charge extra month of rent.

dfarrelly96

I am renting a student house along with 4 other students. We moved into the house and payed our first month of rent (And deposit equal to one month's rent) on the 17th of September which would cover us up to the 17th of October. We continued to pay on the 17th of every month. Our last payment was on the 17th April which should cover us to the 17th of May. We then had exams for a week so had to stay a week over the last month. Our landlord is now trying to charge us a whole extra month of rent, she says we can use our deposit for the extra month of rent. We never had any form of contract or lease and it was always assumed that we were paying date-to-date and it was never explicitly said otherwise. Who is in the right here, should we have to pay the extra month?

Eric Cartman

you want over the 17th, you're into a rolling month, even to give you that is fair. we're now on the 23rd and you're only finishing exams , chances are you're not actually going to be gone till the 31st

dfarrelly96

I am moving out tomorrow the 24th, which is a week after the 17th and I would happily pay for that extra week

bee06

Did you notify the landlord in advance that you would be staying another week and agree what would be due for that week or did you chance your arm?

dfarrelly96

Eric Cartman wrote: »

you want over the 17th, you're into a rolling month, even to give you that is fair. we're now on the 23rd and you're only finishing exams , chances are you're not actually going to be gone till the 31st

Also, just to add, that's fair enough that we have gone into the next month, and I can see how I would be required to pay for that month. But the landlord wants us to move out now. SHould we not be allowed to stay until the 17th of june in that case?

dfarrelly96

bee06 wrote: »

Did you notify the landlord in advance that you would be staying another week and agree what would be due for that week or did you chance your arm?

I did not notify the landlord, but last year one of the current tenant was allowed to pay for just the extra week so we assumed it would not be a problem again

Eric Cartman

dfarrelly96 wrote: »

Also, just to add, that's fair enough that we have gone into the next month, and I can see how I would be required to pay for that month. But the landlord wants us to move out now. SHould we not be allowed to stay until the 17th of june in that case?

thats a fair point, you should. I'd recommend a compromise, you get half the deposit back and you all leave by 9am Friday, if even one of you is staying then none of you get deposit back as the house isn't vacant. Promise to return it in a decent state too.

OldMrBrennan83

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dfarrelly96

We spoke to the landlord and asked if we could pay half but they would not allow it, and they are impossible to argue with. Is there any other way we can go about it?

Bubbaclaus

The simple solution is just pay them the value of the extra week anyway since theres nothing they could legally do about it.

dfarrelly96

Bubbaclaus wrote: »

The simple solution is just pay them the value of the extra week anyway since theres nothing they could legally do about it.

If we just pay an extra week then she is going to keep our deposits

Tigger

Bubbaclaus wrote: »

The simple solution is just pay them the value of the extra week anyway since theres nothing they could legally do about it.

The landlord clearlyvplans to keep the deposit

Bubbaclaus

dfarrelly96 wrote: »

If we just pay an extra week then she is going to keep our deposits

Then you can report the illegal holding of deposit to the PRTB and eventually get it back that way. Or the more likely solution is they will cave when they realise you have gotten the PRTB involved and just give it back. Make sure you take pictures of the house before leaving so they don't try and claim they are withholding for damages.

jimmycrackcorm

dfarrelly96 wrote:

I am moving out tomorrow the 24th, which is a week after the 17th and I would happily pay for that extra week

Rent by the month,
pay by the month,
Stay the month.

The_Conductor

dfarrelly96 wrote: »

I am moving out tomorrow the 24th, which is a week after the 17th and I would happily pay for that extra week

I'm genuinely curious.
Why did you imagine you randomly went from a monthly rent cycle- to a weekly cycle- without any agreement with the landlord?

You have clearly gone into a further month- you have a monthly rent arrangement, you did not make alternate arrangements, QED- you owe a month's rent (along with the requisite notice period- which you'll have to serve again- as you went over- presuming you did in fact serve notice).

It doesn't matter that the landlord had some other arrangement with someone else- a year or two ago- that is a separate arrangement they had with someone else- not you- and you didn't even try to ask for a similar arrangement- you just presumed you could bump yourself into one.

I'm sorry if I appear unimpressed- when/if you're renting in future- get a hard copy of your lease- which will spell out both your and your landlord's rights and obligations- and abide by it.

It is not reasonable behaviour on your part to simply imagine you can randomly go from a monthly rental cycle to a weekly or a daily cycle- without so much as discussing it with the landlord- and indeed, it is entirely at the discretion of the landlord whether, or not, they agree to such an arrangement (which is far from normal).

joeguevara

The_Conductor wrote: »

I'm genuinely curious.
Why did you imagine you randomly went from a monthly rent cycle- to a weekly cycle- without any agreement with the landlord?

You have clearly gone into a further month- you have a monthly rent arrangement, you did not make alternate arrangements, QED- you owe a month's rent (along with the requisite notice period- which you'll have to serve again- as you went over- presuming you did in fact serve notice).

It doesn't matter that the landlord had some other arrangement with someone else- a year or two ago- that is a separate arrangement they had with someone else- not you- and you didn't even try to ask for a similar arrangement- you just presumed you could bump yourself into one.

I'm sorry if I appear unimpressed- when/if you're renting in future- get a hard copy of your lease- which will spell out both your and your landlord's rights and obligations- and abide by it.

It is not reasonable behaviour on your part to simply imagine you can randomly go from a monthly rental cycle to a weekly or a daily cycle- without so much as discussing it with the landlord- and indeed, it is entirely at the discretion of the landlord whether, or not, they agree to such an arrangement (which is far from normal).

That makes sense if you are allowed to stay until the last day the rent covers. If the landlord demands you move out early you pay to the day you move out.

The_Conductor

joeguevara wrote: »

That makes sense if you are allowed to stay until the last day the rent covers. If the landlord demands you move out early you pay to the day you move out.

Big time.
You pay until the day you leave.
If you want to leave early- it is with the express permission of the landlord- and you are not entitled to expect to not pay for the notice period.
If he/she wants you out before the elapse of the notice period- and you're happy to go- you get the rent for the rest of the duration back.
It cuts both ways.
However- key to this- is understanding the position of the other person- and agreeing in advance to what you're doing- no making assumptions that something is fine- clarify it- and preferably get it in writing.

joeguevara

The_Conductor wrote: »

Big time.
You pay until the day you leave.
If you want to leave early- it is with the express permission of the landlord- and you are not entitled to expect to not pay for the notice period.
If he/she wants you out before the elapse of the notice period- and you're happy to go- you get the rent for the rest of the duration back.
It cuts both ways.
However- key to this- is understanding the position of the other person- and agreeing in advance to what you're doing- no making assumptions that something is fine- clarify it- and preferably get it in writing.

Post 5 states landlord is demanding they move out now.

Grumpypants

Give her three options.

You pay for the month and stay the month and get the full deposit back.
You meet half way and move out after the week with 50% deposit back.
You lodge a case with the RTB and let them manage the mediation.

She'll give ye 50% to get ye out. Hopefully it is your final year and you don't need to rent again next year.

Samuel T. Cogley

Sorry it's very pedantic but if you pay on the 17th then it covers you to the 16th, not the 17th.

OldMrBrennan83

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ted1

Patww79 wrote: »

This post has been deleted.

You seem to be skimming over the fact that the landlord wants them to pay the extra month but is insisting they still move out after the week.[/quote]
What agreement was with the landlord about moving out dates? The landlord could AirBnB it during the summer and as such from the 17th could be charging a higher daily rate.

Heres Johnny

You were mistaken at the start but the landlord is in the wrong now. They must be trying to get double rent for the month. I'd be staying for the month to be honest but I assume you want to go home too.
They give good landlords a bad name.