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Tenant's notice

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  • 03-06-2019 12:24pm
    #1
    Badtiming
    Registered Users Posts: 8 ✭


    Gave tenant notice of termination of lease as I am selling the property. Then by text message we agreed that she could stay until the sale of the property if she liked. She said she would. I asked in that case if she could still give us a month's notice if she changed her mind and wanted to leave sooner. She agreed.
    But then she notified us she was leaving and gave 1 week's notice.
    Is there anything I can do in this situation? What can I do regarding their deposit in this scenario. Her lease rolled over from last year but a new one was not signed.


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    #2
    Shelflife
    Registered Users Posts: 3,074 ✭✭✭Shelflife


    Honestly , if youre selling the house and the tenant has agreed to leave then you should be happy.

    Sure youve lost out on a bit of rent , but you now have full access to the house and no sitting tenant to worry about.

    Ive heard of numerous scenarios where the tenant stays put and holds up the sale.


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    #3
    Ginger83
    Registered Users Posts: 3,506 ✭✭✭Ginger83


    Just be glad they are gone.


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    #4
    Badtiming
    Registered Users Posts: 8 ✭Badtiming


    Yes that is a good pro. However, we ourselves rent another place, and will have to give a month's notice to our landlord. So we are left with 3 weeks overlapping.


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    #5
    Dav010
    Registered Users Posts: 14,523 ✭✭✭✭Dav010


    First. If you are selling, count your blessings she is leaving, if she couldn’t find somewhere to go to, she could easily over hold and stop paying the rent.

    Second. You don’t need a new contract, she has Part 4 rights and so must abide by the statutory minimum notice period. But as your new agreement was a lose one, and you might have wanted her out at short notice at some stage, I’d suggest you take the one week notice, give her back her deposit along with a good reference, take out a Hamlet cigar and light it up while sitting in your vacant, for sale property.


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    #6
    Badtiming
    Registered Users Posts: 8 ✭Badtiming


    I see what you mean guys.
    It's just quite awkward for us. We will have to move back into the property until it sells. Our kids are in school in a different county etc. But I guess the school holidays are coming up soon.


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    #7
    Grumpypants
    Registered Users Posts: 7,863 ✭✭✭Grumpypants


    Thank your lucky stars she is willing to go so quietly. Others in this situation just stop paying rent and don't move out which delays the sale and costs you thousands.

    Take the hit on the lost 3 weeks rent and look forward to getting it sold.


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    #8
    JJJackal
    Registered Users Posts: 1,016 ✭✭✭JJJackal


    Badtiming wrote: »
    I see what you mean guys.
    It's just quite awkward for us. We will have to move back into the property until it sells. Our kids are in school in a different county etc. But I guess the school holidays are coming up soon.

    Were you not going to have to move back in anyway if she gave you 1 months notice?

    I think this situation has worked out well for you. This tenant was pretty reasonable - you told her you were kicking her out at some uncertain time in the future - she presumably went and found somewhere to live and now wants to vacate your property as requested.

    After tax on the rent is paid you probably havent lost out on much - imagine if she was difficult, overstayed and refused to let people in to view when you wanted to sell.


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    #9
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    Badtiming wrote: »
    Then by text message we agreed that she could stay until the sale of the property if she liked.
    Or she would overstay by a year without paying, scuttling your chance of selling it. Be thankful that you have a vacant property for viewings and selling. At least now you can ensure it's clean and tidy.


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    #10
    pablo128
    Closed Accounts Posts: 6,219 ✭✭✭pablo128


    You said you are renting somewhere else. Why do you have to give notice to your landlord?


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    #11
    Glass fused light
    Registered Users Posts: 1,576 ✭✭✭Glass fused light


    You are selling it. Go in clean it and stage it for selling. Contact your insurer and check if you need to do anything with the utilities and pop up on the weekend if needed.
    Keep living where you are and dont give notice until you are ready to move on to your next home.
    Check with your solicitor that all your documentation is in orded now rather than when the property goes sale agreed.
    If you are short cash borrow for the overlaping period.


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    #12
    BrokenArrows
    Registered Users Posts: 7,498 ✭✭✭BrokenArrows


    Give your current landlord notice but say you are happy to leave asap if they find another tenant.


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    #13
    Badtiming
    Registered Users Posts: 8 ✭Badtiming


    JJJackal wrote: »
    Were you not going to have to move back in anyway if she gave you 1 months notice?

    I think this situation has worked out well for you. This tenant was pretty reasonable - you told her you were kicking her out at some uncertain time in the future - she presumably went and found somewhere to live and now wants to vacate your property as requested.

    After tax on the rent is paid you probably havent lost out on much - imagine if she was difficult, overstayed and refused to let people in to view when you wanted to sell.

    Yes we were. But this leaves us short a few weeks of rent.


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    #14
    Badtiming
    Registered Users Posts: 8 ✭Badtiming


    BrokenArrows wrote: »
    Give your current landlord notice but say you are happy to leave asap if they find another tenant.

    Yes I did that. So, I really hope it works out.


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    #15
    Badtiming
    Registered Users Posts: 8 ✭Badtiming


    Is it worth showing a copy of the lease to our solicitor?
    We really need the deposit money to cover the few weeks of missing rent.


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    #16
    JJJackal
    Registered Users Posts: 1,016 ✭✭✭JJJackal


    Badtiming wrote: »
    Is it worth showing a copy of the lease to our solicitor?
    We really need the deposit money to cover the few weeks of missing rent.

    Realistically if I was the tenant, and if you kept my deposit, based on the information you provided, I would take you to the RTB to see how I got on.

    How long has your tenant been in situ? Did you give her written notice?

    Have you told her your going to keep her deposit? She may well decide to stay in this case. If she stays and doesnt pay anymore rent what will you do? Or doesnt let potential buyers in? - which is her right


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    #17
    riemann
    Closed Accounts Posts: 1,063 ✭✭✭riemann


    Badtiming wrote: »
    Is it worth showing a copy of the lease to our solicitor?
    We really need the deposit money to cover the few weeks of missing rent.

    You really are a greedy piece of work.

    The most disappointing part of this whole thread is learning you have children.


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    #18
    Badtiming
    Registered Users Posts: 8 ✭Badtiming


    JJJackal wrote: »
    Realistically if I was the tenant, and if you kept my deposit, based on the information you provided, I would take you to the RTB to see how I got on.

    How long has your tenant been in situ? Did you give her written notice?

    Have you told her your going to keep her deposit? She may well decide to stay in this case. If she stays and doesnt pay anymore rent what will you do? Or doesnt let potential buyers in? - which is her right

    Deposit was never mentioned.
    Do you think it's fair that after doing everything above board with her regarding ending the tenancy, and agreeing, although loosely, that she would give us a months notice if she wanted to stay longer, that she then gives us only a weeks notice?
    If she wants to move out, that's fine and understandable, but at least give us the proper notice if she expects her deposit back.


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    #19
    Badtiming
    Registered Users Posts: 8 ✭Badtiming


    riemann wrote: »
    You really are a greedy piece of work.

    The most disappointing part of this whole thread is learning you have children.

    Get a grip! Greedy?! We have treated her fairly and are expecting the same treatment in return.
    Just because we are choosing to sell our property does not mean we have treated her unfairly, we have done everything above board.


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    #20
    riemann
    Closed Accounts Posts: 1,063 ✭✭✭riemann


    Badtiming wrote: »
    Get a grip! Greedy?! We have treated her fairly and are expecting the same treatment in return.
    Just because we are choosing to sell our property does not mean we have treated her unfairly, we have done everything above board.

    Yes greedy, and deluded.


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    #21
    sunnysoutheast
    Registered Users Posts: 2,072 ✭✭✭sunnysoutheast


    This is a windup surely.

    Nobody can look at the current environment, where it can take years and thousands to get overholding tenants out, and seriously be looking for a couple of weeks missing rent on a house they're selling anyway.


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    #22
    Heres Johnny
    Closed Accounts Posts: 2,738 ✭✭✭Heres Johnny


    Take everyone's advice here and be thankful you have your property back.
    You are unbelievably lucky and don't know it.

    Don't try and shaft the tenant she probably had to pay over rent and deposit straight away on new place.

    It's only a matter of a few hundred euro after tax so move on.


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    #23
    JJJackal
    Registered Users Posts: 1,016 ✭✭✭JJJackal


    Badtiming wrote: »
    Deposit was never mentioned.
    Do you think it's fair that after doing everything above board with her regarding ending the tenancy, and agreeing, although loosely, that she would give us a months notice if she wanted to stay longer, that she then gives us only a weeks notice?
    If she wants to move out, that's fine and understandable, but at least give us the proper notice if she expects her deposit back.

    You gave her notice to move out? And you loosely agreed that she could stay and now she gives you notice and moves out

    OP you should give more info:
    How long is she there?
    When did you give her the notice to move out?
    Did you suggest that she allow people to view the house while she is a tenant?


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    #24
    whippet
    Registered Users Posts: 7,686 ✭✭✭whippet


    The deposit you have belonging to the tenant is not yours .. it isn’t a supplement to you cash flow.

    If three weeks without rent has you financially snookered you have a much bigger problem.

    After tax that 3 weeks rent is only worth about 1.5 weeks !


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    #25
    CrazySka
    Registered Users Posts: 618 ✭✭✭CrazySka


    Badtiming wrote: »
    Deposit was never mentioned.
    Do you think it's fair that after doing everything above board with her regarding ending the tenancy, and agreeing, although loosely, that she would give us a months notice if she wanted to stay longer, that she then gives us only a weeks notice?
    If she wants to move out, that's fine and understandable, but at least give us the proper notice if she expects her deposit back.

    This reads like you don’t plan on giving the deposit back anyway?? That’s not your money, landlords who summarily hold onto the deposit for reasons other than damage can cause a huge amount of stress and strain for the tenants as they look for another place.
    How long were they your tenant?
    If you are in the process of moving you should have some ancillary funds set aside for unexpected expenses...


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    #26
    pablo128
    Closed Accounts Posts: 6,219 ✭✭✭pablo128


    Badtiming wrote: »
    Deposit was never mentioned.
    Do you think it's fair that after doing everything above board with her regarding ending the tenancy, and agreeing, although loosely, that she would give us a months notice if she wanted to stay longer, that she then gives us only a weeks notice?
    If she wants to move out, that's fine and understandable, but at least give us the proper notice if she expects her deposit back.

    If she WANTS to move out? You asked her to leave!


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    #27
    Glass fused light
    Registered Users Posts: 1,576 ✭✭✭Glass fused light


    You currently have her asset (cash deposit) which is worth what?
    1% or 2% of the value of the asset you own but she currently controls.
    And you think its a good idea to stiff her and not give the money back?
    Unless you want to risk ending up evicted from your own property when she moves back as she cant afford the new place repay the deposit and borrow or beg the money you were expecting in rent.


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    #28
    Zaph
    Registered Users, Subscribers Posts: 47,305 ✭✭✭✭Zaph


    Badtiming wrote: »
    Get a grip! Greedy?! We have treated her fairly and are expecting the same treatment in return.
    Just because we are choosing to sell our property does not mean we have treated her unfairly, we have done everything above board.

    Do you need the extra three weeks rent to pay your own rent? If so, I can understand why you'd be keen to get your hands on the money. But if not, is it worth shelling out solicitor's fees and possibly going through and RTB hearing for the sake of what I would imagine will end up at best being measured in the hundreds of euro, just for the sake of having a tenant "do the right thing"? While greedy might be a bit strong, it does certainly come across as more than a bit petty, especially as you're being left in a position that many landlords would be delighted to find themselves in.


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    #29
    Grumpypants
    Registered Users Posts: 7,863 ✭✭✭Grumpypants


    To end the tenancy properly you must have set an end date. The house would have been empty from that date onward and losing you money.

    If she only stayed one extra week beyond that, she has done you a huge favour as that's one week less the house is losing money.

    The deposit only covers damage not a perceived loss of rent. You can't keep the deposit either legally or morally.

    Not only has the tenant been very accommodating but has done you a huge favour. Give her back the deposit and thank her for being so good about everything.


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    #30
    K.Flyer
    Registered Users Posts: 8,565 ✭✭✭K.Flyer


    You really should be counting your lucky stars that she found somewhere suitable and left you with a free house to sell at your leisure.
    Put it the other way around.
    Say if you found yourself with the perfect cash buyer, but they wanted to close within a week or so and say she was still in the property and you needed her out fast but she told you to sod off that she wasn't ready to leave yet. Then what?


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    #31
    Call me Al
    Registered Users Posts: 3,028 ✭✭✭Call me Al


    Badtiming wrote: »
    Yes we were. But this leaves us short a few weeks of rent.

    And she may risk losing her new place if she doesn't move immediately this week, and she doesn't have the luxury of trying to backfill your rental since you're selling.
    Do the right thing and give her back her deposit.


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