Landlord doesnot allow me to move out before Christmas

lmh

I told my landlord yesterday that I was going to move out on 22nd of December because my apartment was ready to move in by then. But the landlord replied as below:
"Sorry, but tenants do not leave the day before Christmas for obvious reasons. It will have to be the end of December."
I don't see any where has this rule, is this legal? If it is not, what I can do if the landlord refuses to give me back the deposit?
thanks,

Paulw

Do you pay weekly or monthly?

If it's monthly, then I don't see anything wrong with his position.

You can always consult Threshold or the PRTB, and get their view on it.

Amazotheamazing

Depends on what you are renting, how long you have been renting, what type of rental contract etc.

Depending on the answers to the above, you may be protected by the PRTB, so see here.
http://public.prtb.ie/act.htm

Amazotheamazing

Paulw wrote: »

Do you pay weekly or monthly?

If it's monthly, then I don't see anything wrong with his position.

You can always consult Threshold or the PRTB, and get their view on it.

You can't withhold a month's deposit for a week's rent, but it depends on what type of tenancy the OP has as to how they can force the landlord to return it.

lmh

I have been living in the house for more than a year and am paying monthly rent. The contract was signed last October for a year lease.

I do not know where the landlord gets the standing point for "Tenants do not leave before Christmas". I would like to know if this is legal and how I should get the deposit back.

Mountjoy Mugger

You have given adequate notice. You have every right to move out.

mikemac

Shouldn't be an issue OP if you've given the correct notice

The landlord is put out now as last week of December and early January are a bad time to find tenants so they'll lose a few weeks rent

If you've served the correct notice, that's not your problem

Predalien

Hmm, well if you pay monthly on the first of every month then I think the landlord is entitled to charge you for the full month of December. One of the extra expenses of moving house is there'll probably always be a bit of overlap between the two places.

Paulw

Amazotheamazing wrote: »

You can't withhold a month's deposit for a week's rent, but it depends on what type of tenancy the OP has as to how they can force the landlord to return it.

Agreed that he can't withhold a month's deposit, but if the tenant leaves early, he can withhold some of the deposit to cover that, especially if the rent is paid monthly.

Jumpy

Predalien wrote: »

Hmm, well if you pay monthly on the first of every month then I think the landlord is entitled to charge you for the full month of December. One of the extra expenses of moving house is there'll probably always be a bit of overlap between the two places.

Err no. The moving out date is the minimum of the notice. The landlord has no control over this. Regardless of the date you pay.

hobochris

if you've paid for December and given the landlord notice, there is nothing he can do.

Amazotheamazing

lmh wrote: »

I have been living in the house for more than a year and am paying monthly rent. The contract was signed last October for a year lease.

I do not know where the landlord gets the standing point for "Tenants do not leave before Christmas". I would like to know if this is legal and how I should get the deposit back.

You pay rent by month so I presume you'll have paid rent for the entire of December?

In that case he can't keep the deposit for rent reasons, are there other reasons he'd keep the deposit, damage to house beyond normal wear and tear etc?

The Christmas thing is nonsense, to get the deposit back, see if you are in a tenancy governed by the PRTB, the excluded tenancies are listed on their website, if you are covered by the PRTB, threaten to take a case to them.

He'll probably give you the deposit back when he realises he can't bluff you out of it.

lmh

hobochris wrote: »

if you've paid for December and given the landlord notice, there is nothing he can do.

Usually I pay on the 7th every month, I think move out on 22nd which is half month rent. I am able to move out earlier but was thinking to give the landlord more time to find somebody since the ESB and GAS account are under my name.

Really disappointed with the landlord for using such unreasonable excuse to keep tenant.

p.s. Landlord does not live in the house.

Our man in Havana

You need to get the ESB and gas turned off and submit readings on the day you leave.

I don't see why you have place nice and facilitate the landlord. Once adequate notice has been given you are free to leave.

lornakg

lmh wrote: »

I have been living in the house for more than a year and am paying monthly rent. The contract was signed last October for a year lease.

I do not know where the landlord gets the standing point for "Tenants do not leave before Christmas". I would like to know if this is legal and how I should get the deposit back.

If the contract was signed for a yr last oct, and not renewed for another yr this oct, then you are now on a month to month lease so rent should be paid to end of your final month living there and deposit should be returned in full if property is not damaged etc.

lmh

I showed the landlord your comments, and we finally reached an agreement, happy ending.

Interestingly, the landlord still insists the rule, here is what she had said in the mail:

"I still maintain however that, while there is no legal obligation, it is taken for granted that tenants will not move out the days before Christmas because it is obvious that, no matter what the notice, nobody will be moving in until after the New Year. I certainly would not think of moving out of my rented accommodation at such a time. "

The landlore is around mid 60-year old, is this possible an Irish tradition and rare people follows nowadays?

Thank you Paulw, Amazotheamazing, Mountjoy Mugger, feelingstressed,Predalien, Jumpy, hobochris, Haddockman and lornakg, appreciate your input, they really helped.

Kinetic^

That's not your problem, it's hers.

seamus

lmh wrote: »

The landlore is around mid 60-year old, is this possible an Irish tradition and rare people follows nowadays?

No, it wouldn't be a tradition really, it's more the, "I don't want to have to pay for something if I can help it" mindset.

It's not your problem that nobody will move in for two weeks after you leave. You've given adequate notice and you're paid up. The date that you leave is irrelevant really. It's unfortunate from the landlord's POV that you're leaving on that date, but it's not your problem.

FreudianSlippers

The landlord does realise the 22nd is not the "day before Christmas" right?

Realistically you've paid your month's rent for December. You can move out whenever you want once you've given the adequate notice.
You won't get your rent pro-rated from the date of move out (so to speak), so you'll be overlapping as previously mentioned, but this is no reason not to refund your deposit.

If you're asking if you can move out on the 22nd and only pay rent (a percentage that is) from the 7th to the 22nd then the answer is likely no. But again, this will all depend on your agreement.

lmh

Thanks Kinetic^, seamus and OisinT.

OisinT wrote: »

The landlord does realise the 22nd is not the "day before Christmas" right?

Maybe her Christmas starts earlier.

OisinT wrote: »

Realistically you've paid your month's rent for December.

No, I havn't paid for December yet. I just paid on 7/Nov for the period 07/Nov-06/Dec.

OisinT wrote: »

If you're asking if you can move out on the 22nd and only pay rent (a percentage that is) from the 7th to the 22nd then the answer is likely no. But again, this will all depend on your agreement.

For the future reference, if I notify the landlord on 10th of Nov about moving out, can I just pay till 10th of Dec or do I have to pay for full December??

Our man in Havana

Just until the 10th of December.