Renting a room

angelmum

Hi I’m not familiar with the system regarding a rent a room (landlord living in the house). A friend of mine rented a room and landlord said it’s if they don’t agree with rules and don’t get along that it’s ok to move within the first month. My friend don’t make any bad behaviour in the house except that sometimes she needs to make a phone call around 10pm and the landlord didn’t like it and texted her to drop the call and set a rule not to make any noise on and after 10 pm. My friend is still young and just starting a new job and got scared of her. So she started to look for a new place thinking it will take a long time to find a place again but to her surprise she found a new place but the new landlord wants her to move immediately. Is she entitled to get her deposit back if she move after 3 weeks of staying in the house as per their agreement. Landlord initially said she’s disappointed but will give deposit back but the following day talk to her in a bad way and said she can’t get her deposit back. Please advise as my friend is now broke after just finishing and college and haven’t receive her first pay cheque yet

Thanks and regards

Baby01032012

It’s sounds like your friend is living with the owner and is a licensee not a tenant and has no rights. She would have no right to her deposit back under tenancy law but could try small claims court if she has something in written for re deposit.

fash

If rent was paid on a monthly basis, it is possible that a month's notice is required.
Certainly worth going to the small claims court over it- I expect the money means more to your friend than the landlord/owner occupier.

Samuel T. Cogley

LL has said it's okay to move, your friend is exercising this 'clause' and therefore is entitled to her deposit back. As has been rightly said already use the small claims procedure.

angelmum

Thank you all so much for your inputs. It looks like she might need to file the small claims court. But she’s going to talk to her one more time. First time they talk the landlord said she’s going to give the deposit, after two hours she talked to her harshly and said she’ll only give 1/2 the deposit, the following day she said she’s not getting the deposit back unless she stayed till February. There’s no written agreement but landlord admitted that she said she can move out during the first month but regretted saying it. Will she be entitled for the full deposit or just half? They agreed to pay rent every fortnightly

fash

angelmum wrote: »

Thank you all so much for your inputs. It looks like she might need to file the small claims court. But she’s going to talk to her one more time. First time they talk the landlord said she’s going to give the deposit, after two hours she talked to her harshly and said she’ll only give 1/2 the deposit, the following day she said she’s not getting the deposit back unless she stayed till February. There’s no written agreement but landlord admitted that she said she can move out during the first month but regretted saying it. Will she be entitled for the full deposit or just half? They agreed to pay rent every fortnightly

If rent is paid fortnightly, then that would expected to be the notice period- unless there is a contrary term agreed. The problem with the contrary is that your friend has an oral contact- however it is reasonably possible that the landlord wouldn't deny that there was such a term agreed

riclad

Your friend will need a rent book , or at least receipts for rent payments,
or the receipt for the deposit to go to the small claims court.

https://www.citizensinformation.ie/en/housing/owning_a_home/home_owners/rent_a_room_scheme.html

Motherof123

riclad wrote: »

Your friend will need a rent book , or at least receipts for rent payments,
or the receipt for the deposit to go to the small claims court.

https://www.citizensinformation.ie/en/housing/owning_a_home/home_owners/rent_a_room_scheme.html

I feel sorry for your friend. Fair enough maybe 10pm might be too late for the phone call and maybe your friend could take the call outside maybe go for a walk?
But the landlord sounds very set in her rules and just wants the money 🙄

riclad

She could get a headset if she has an android phone,
which will reduce the sound when she makes a phone call.
She sounds very naive,
do not give notice ,when you have no savings,no money, and are depending on getting a deposit to move to a new place is risky.
Most landlords require 1 months notice if you wish to end the tenancy.Its a bit strange to ban all phone calls after 10pm,
my landlord just had a rule ,no loud music after 10 pm.
watch tv ,but have the volume low.
This was more for the benefit of the other tenants .
Than the landlord who was very easy going .

Always Tired

A security deposit is for damage to the property. .if there is no contract specifying the length of tenancy signed by the renter, the landlord has no right to the deposit, especially after verbally agreeing to allow her to move early.

She should go to small claims court. Not allowing someone to talk on the phone is ludicrous. Then she wants to keep the deposit because she is forced to move because of this ridiculous restriction. Seriously how do these people sleep at night? Other than on a mattress of unearned cash.

riclad

This landlord sounds very eccentric ,
she,s allowed to make phone calls before 10pm.
she can go outside and make calls outside the house after 10 pm .
Theres no point in going to court unless she has a receipt ,
maybe the deposit was made into the landlords bank account ,
from her bank account , so she could just print out her bank statement for the month she moved in and the payment will be recorded on the statement.

riclad

i paid a deposit to the landlord before i moved in,
even though the landlord was living there .
would you give the keys to your house, to a stranger
without even asking for full id , and a deposit ?

Mic 1972

From my experience as LL it takes 3-5 days to find another lodger, when people give me 4 weeks notice before leaving i don't even advertise the room until 1 week before the lodger moves out as the rent-a-room market is very fast. There is no need to hold on to deposit unless there is damage to the property or pending bills