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Notice period

  • 16-03-2007 11:39am
    #1
    Closed Accounts Posts: 42


    Hi

    I have just received notice from my tenant that she wants to leave on the 15th of next month. I told her at the start I need a months notice from the rent day to give me time to get someone in.

    She has left me with only two weeks notice to the next due date for the rent.

    Can I take the balance of the rent from her deposit if she only pays up to 15th April?


Comments

  • Closed Accounts Posts: 35 fallout_girl


    if she handed in the notice today (on the 16th) and she stays till the 16th of april she gave you one month notice.

    unless you specified she has to give you a month's notice and can only move out towards the end of the month?

    you have a month now to get somebody else who moves in on the 15th of april. i doubt you are entitled to take the rest of the rent for april out of her deposit..


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    ^^ What she said

    If the tenant signed an agreement to give notice of one month from the rent day, then yes you can charge her full rent for the final month.

    If the tenancy has lasted longer than six months, the *minimum* you are entitled to is 4 weeks notice, but anything longer than this which the tenant has agreed to, they are bound to.


  • Closed Accounts Posts: 7,333 ✭✭✭Zambia


    andrea2007 wrote:
    Hi

    I have just received notice from my tenant that she wants to leave on the 15th of next month. I told her at the start I need a months notice from the rent day to give me time to get someone in.

    She has left me with only two weeks notice to the next due date for the rent.

    Can I take the balance of the rent from her deposit if she only pays up to 15th April?

    Im gonna have to be carefull here Im on one bann already

    In short I think your being a bit over zealous here in your collecting , a months notice from any day in the month should be fine. The small time periods between rent are the downside to renting. Besides if things get tight you can always sell that property in Puerto Banus your Hawking time in, on another thread. ;)

    The quicker she is out the quicker you have to move in clean up and rent out again.


  • Registered Users, Registered Users 2 Posts: 9,815 ✭✭✭antoinolachtnai


    Check what the statutory notice period is. If she's been there for longer than six months, the notice required may be longer than 28 days. It may be up to 56 days. Check

    http://www.prtb.ie/DownloadDocs/Termnating%20a%20Tenancy%20pdf.pdf

    Of course, if you have given a written lease with a shorter period, the shorter period (which is more favorable to the tenant) will probably prevail.

    You should of course check all this with a lawyer or the PRTB before acting.


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