Expiring lease and moving out in a month

Beaver1

Lads 1 year my rental agreement expires on Wednesday the 6th March (2 days time), so on Saturday I told my landlord that I'm giving her a months notice as I'm moving to another house in the same area, she got thick and said she wants me out by Monday the 11th of March, Im not moving into my other apartment for a month.

is she entitled to throw me out like that or does she have to accept my months notice, if not, how much notice am I legaly allowed to get or give.

djimi

Beaver1 wrote: »

Lads 1 year my rental agreement expires on Wednesday the 6th March (2 days time), so on Saturday I told my landlord that I'm giving her a months notice as I'm moving to another house in the same area, she got thick and said she wants me out by Monday the 11th of March, Im not moving into my other apartment for a month.

is she entitled to throw me out like that or does she have to accept my months notice, if not, how much notice am I legaly allowed to get or give.

Check your lease and see if it specifies how much notice you are obliged to give.

She cannot just tell you to be out by Monday; if she tries point her in the direction of the RTA and the PRTB website, and tell her to search specifically for illegal evictions...

odds_on

Beaver1, you should have started a new thread. Perhaps one of the Mods will split it.

I am assuming that your present lease agreement is a Fixed Term which expires on Wednesday. You are entitled to remain after that date, but you should have advised the landlord between 1 month and 3 months before the expiry of the present lease) that you will be claiming your Part 4 rights and be remaining.

As you have not advised her, if the landlord has organised a new tenant to move in on Thursday, you may be liable for not only her expenses in finding a new tenant and (IMHO) for the expenses/damages she may have to pay the new tenants as they will not be able to move in.

If you remain after the expiry of the fixed term lease, that will mean that you will then be in occupation for more than 1 year but less than two years in which case the legally required notice period is 42 days in writing. However, as you are giving notice before you have been there for more than one year, 35 days may be sufficient. You may try to negotiate a shorter period with the landlord.

The landlord cannot order you to leave as you have stated. Verbal notices of Termination are not legal. You should put this in writing to the landlord as a record in case you have to make a claim with the PRTB, when details of any communication is best backed up by written letters and a copy kept.

Beaver1

odds_on wrote: »

Beaver1, you should have started a new thread. Perhaps one of the Mods will split it.

I am assuming that your present lease agreement is a Fixed Term which expires on Wednesday. You are entitled to remain after that date, but you should have advised the landlord between 1 month and 3 months before the expiry of the present lease) that you will be claiming your Part 4 rights and be remaining.

As you have not advised her, if the landlord has organised a new tenant to move in on Thursday, you may be liable for not only her expenses in finding a new tenant and (IMHO) for the expenses/damages she may have to pay the new tenants as they will not be able to move in.

If you remain after the expiry of the fixed term lease, that will mean that you will then be in occupation for more than 1 year but less than two years in which case the legally required notice period is 42 days in writing. However, as you are giving notice before you have been there for more than one year, 35 days may be sufficient. You may try to negotiate a shorter period with the landlord.

The landlord cannot order you to leave as you have stated. Verbal notices of Termination are not legal. You should put this in writing to the landlord as a record in case you have to make a claim with the PRTB, when details of any communication is best backed up by written letters and a copy kept.

there is no new tenant moving in she is just peed off because I'm moving around the corner to a better/cheaper house, but the house wont be ready for another 2 weeks, I wanted to pay her another month but she said no, she is coming home from england and is moving in herself for a few weeks until she gets a new tenant, I got nothing in writing but she told me over the phone to be out of there by monday as she will be staying in the house, can she do that.

odds_on

Beaver1 wrote: »

there is no new tenant moving in she is just peed off because I'm moving around the corner to a better/cheaper house, but the house wont be ready for another 2 weeks, I wanted to pay her another month but she said no, she is coming home from england and is moving in herself for a few weeks until she gets a new tenant, I got nothing in writing but she told me over the phone to be out of there by monday as she will be staying in the house, can she do that.

NO. She'll have to stay in a hotel or with friends - if she has any!

TheOldHand

Let her know that won't be happening and that you are concerned about her threats to evict you so you will be changing the locks (cost a few euro to replace the barrels). This requires her notification and permission but the PRTB will accept it as necessary to protect your tenancy. Send her on a bit of legislation and some PRTB results which involved 10K fines for illegal evictions.

MMAGirl

Beaver1 wrote: »

Lads 1 year my rental agreement expires on Wednesday the 6th March (2 days time), so on Saturday I told my landlord that I'm giving her a months notice as I'm moving to another house in the same area, she got thick and said she wants me out by Monday the 11th of March, Im not moving into my other apartment for a month.

is she entitled to throw me out like that or does she have to accept my months notice, if not, how much notice am I legaly allowed to get or give.

She didn't require you to move out at the end of your lease and has voluntarily let you stay on past your lease date of 6th march. Basically the lease said that you were to rent the apartment until that date. But since she didn't ask you to move out by that date NOW YOU HAVE A PART 4.
She messed up by allowing you to stay beyond the time on the fixed term lease. That is the nitty gritty of it that most people dont understand.

djimi

MMAGirl wrote: »

She didn't require you to move out at the end of your lease and has voluntarily let you stay on past your lease date of 6th march. Basically the lease said that you were to rent the apartment until that date. But since she didn't ask you to move out by that date NOW YOU HAVE A PART 4.
She messed up by allowing you to stay beyond the time on the fixed term lease. That is the nitty gritty of it that most people dont understand.

Please, please stop posting incorrect information. You are not helping anyone.

D3PO

TheOldHand wrote: »

Let her know that won't be happening and that you are concerned about her threats to evict you so you will be changing the locks (cost a few euro to replace the barrels). This requires her notification and permission but the PRTB will accept it as necessary to protect your tenancy. Send her on a bit of legislation and some PRTB results which involved 10K fines for illegal evictions.

They cannot change the locks at all without permission, by all means they can point the LL to instances where illegal eviction has led to large fines and stand their ground that way and make it clear they are going nowhere, but if they change the locks they are putting themselves in a unnecessary position whereby landlord costs / expenses could be deducted from their deposit as a result.

So its not a very good thing to suggest the poster do.

Beaver you need to give the correct notice in writing to the landlord, you need to make it clear to the landlord that you understand their and your obligations under part 4 and be clear that any deviation from the process as outlined in the RTA will result in you raising a dispute against the landlord.

odds_on

djimi wrote: »

Please, please stop posting incorrect information. You are not helping anyone.

Reminds me of the time a mother was watching her son marching in a military parade: "Look, our Pat is the only one in step!"

TheOldHand

You absolutely can change the locks if a landlord is attempting an illegal eviction and you have a record of it. The prtb might take a dim view of you changing the locks but they will take a far dimmer view of a landlord threatening to move in.

You can easily return the original barrels when you do move out so the landlord cannot claim any costs.

D3PO

TheOldHand wrote: »

You absolutely can change the locks if a landlord is attempting an illegal eviction and you have a record of it. The prtb might take a dim view of you changing the locks but they will take a far dimmer view of a landlord threatening to move in.

You can easily return the original barrels when you do move out so the landlord cannot claim any costs.

Is the landlord attempting an illegal evition though ? They have told the poster to move out by x date which fails to meet their obligations as a LL.

However until the poster responds and advises they wont and advises any attempt to force them to would be considered an illegal eviction followed by further actions taken by the landlord you would be hard pushed to find anybody who would determine whats happened so far as an attempt to evict illegally.

regarding changing barrels back in, yes of course you could do this, however any damage to the door frame whilst doing this work or failure for the mechanism to be working in perfect condition could lead the poster to having costs attributed to their actions.

its unnecessary for them to do this, it provided them no benefits and only has negatives associated with it.

djimi

TheOldHand wrote: »

You absolutely can change the locks if a landlord is attempting an illegal eviction and you have a record of it. The prtb might take a dim view of you changing the locks but they will take a far dimmer view of a landlord threatening to move in.

You can easily return the original barrels when you do move out so the landlord cannot claim any costs.

I thoght if you change the locks for any reason you are obliged to give the landlord a copy of the key? The landlord is entitled to access to the property in an emergency situation.

D3PO

djimi wrote: »

I thoght if you change the locks for any reason you are obliged to give the landlord a copy of the key? The landlord is entitled to access to the property in an emergency situation.

correct

TheOldHand

djimi wrote: »

I thoght if you change the locks for any reason you are obliged to give the landlord a copy of the key? The landlord is entitled to access to the property in an emergency situation.

What happens if you don't give the landlord a copy of the key in the case I have described?

TheOldHand

D3PO wrote: »

Is the landlord attempting an illegal evition though ? They have told the poster to move out by x date which fails to meet their obligations as a LL.

However until the poster responds and advises they wont and advises any attempt to force them to would be considered an illegal eviction followed by further actions taken by the landlord you would be hard pushed to find anybody who would determine whats happened so far as an attempt to evict illegally.

regarding changing barrels back in, yes of course you could do this, however any damage to the door frame whilst doing this work or failure for the mechanism to be working in perfect condition could lead the poster to having costs attributed to their actions.

its unnecessary for them to do this, it provided them no benefits and only has negatives associated with it.

You are constantly running up blind alleys when you try and counter my points. Damage to the door frame? €116 not being the same as €100?
The benefits are that you don't have somebody trespassing in your house possible ****ing all your belongings out on the street. Thats the sort of unnecessary upheaval worth avoiding.

D3PO

TheOldHand wrote: »

You are constantly running up blind alleys when you try and counter my points. Damage to the door frame? €116 not being the same as €100?
The benefits are that you don't have somebody trespassing in your house possible ****ing all your belongings out on the street. Thats the sort of unnecessary upheaval worth avoiding.

Its not your house, its your dwelling or home if you want to be legally correct. Talk about melodramatic, absolutly no hint of anybody coming in and throwing anybodies belongings on the street, nice of you to have a knee jerk reaction though.

IF and its a huge IF that did happen I dont see the problem. You take a case to the PRTB the landlord loses and gets done for an illegal eviction and you most likely pick up a five figure cheque for your troubles. Hardly a heartbreaking conclusing if your dramatic scenario occured.

TheOldHand

D3PO wrote: »

Its not your house, its your dwelling or home if you want to be legally correct. Talk about melodramatic, absolutly no hint of anybody coming in and throwing anybodies belongings on the street, nice of you to have a knee jerk reaction though.

IF and its a huge IF that did happen I dont see the problem. You take a case to the PRTB the landlord loses and gets dont for an illegal eviction and you most likely pick up a five figure cheque for your troubles. Hardly a heartbreaking conclusing if your dramatic scenario occured.

Those big payouts are not as common any more which is a disgrace imo. When you have a high pressure job like me €3k compensation for a month of complete upheaval is not worth it. A persons home is sacrosanct.

D3PO

TheOldHand wrote: »

When you have a high pressure job like me €3k compensation for a month of complete upheaval is not worth it. A persons home is sacrosanct.

Maybe thats why your so highly strung

TheOldHand

I'm training my abilities here. I have to get it right all the time. Research, consume and analyse. All as quickly as possible. Years of back and forth on forums, getting it wrong plenty of times but rarely these days. You should try it out. It really benefits your day job.

D3PO

TheOldHand wrote: »

I'm training my abilities here. I have to get it right all the time. Research, consume and analyse. All as quickly as possible. Years of back and forth on forums, getting it wrong plenty of times but rarely these days. You should try it out. It really benefits your day job.

I will bear that in mind, doing pretty well in my very highly paid job as it goes though, and have been headhunted three times in the past 12 months so I guess I must be doing something right.

Beaver1

wtf is going on between those two and their little bitch fight, any chance ye take it to pm so other people don't have to listen to ye.

discodavie

What it all boils down to really though is that if the OP is given the required notice on a valid NOT the landlord is entitled to evict for the purposes of selling the house.

odds_on

discodavie wrote: »

What it all boils down to really though is that if the OP is given the required notice on a valid NOT the landlord is entitled to evict for the purposes of selling the house.

If there is a Part 4 tenancy in place as the grounds for termination only apply to Part 4 tenancies and not a fixed term tenancy.

Beaver1

Im out of there on Monday, moving into new place on monday so all sorted.

Victor

Thread split from http://www.boards.ie/vbulletin/showthread.php?t=2056893412

Moderator

Beaver1

you can close this if you want Mods, Im sorted, moving to-day

Denis k

Be careful the landlord doesn't screw u out of your deposit which I assume is 1months rent.