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Lease expired, now month to month - how much notice needed?

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  • 29-08-2013 1:31pm
    #1
    BailMeOut
    Registered Users Posts: 2,979 ✭✭✭


    My lease expires about six months ago and have been going month to month since then. I have not signed anything extending the lease.

    The lease says

    "in the absence of any formal agreement to continue after the term, the tenancy will continue as a periodic month to month under the original terms and conditions of the agreement"

    I want to move out so trying to figure out how much notice I need to give.

    I cannot see anything in the lease about termination notice needed when on month to month. It just says that "termination may only be made under the provisions of the Residential Tenancies Act of 2004."

    Do I just need a month notice to move out?

    Thanks


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    #2
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    it clearly says your to follow the notice periods of the RTA.

    Assuming it was a 1 year lease then you will owe 42 days notice.


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    #3
    BailMeOut
    Registered Users Posts: 2,979 ✭✭✭BailMeOut


    D3PO wrote: »
    it clearly says your to follow the notice periods of the RTA.

    Assuming it was a 1 year lease then you will owe 42 days notice.

    original lease was for 18 months and I found the online version of the RTA where it shows the 42 days.

    Thanks D3PO! Much appreciated.

    http://www.irishstatutebook.ie/2004/en/act/pub/0027/


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    #4
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    BailMeOut wrote: »
    original lease was for 18 months and I found the online version of the RTA where it shows the 42 days.

    Thanks D3PO! Much appreciated.

    http://www.irishstatutebook.ie/2004/en/act/pub/0027/

    well if you are over two years the notice period increases. So 18 months plus another 6 your probably over 2 years then ?


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    #5
    Zulu
    Registered Users Posts: 10,965 ✭✭✭✭Zulu


    Legally I won't dispute with D3P0, however, I'd hazard a guess that the LL is only looking for 1 month. Hence the month to month. I suspect you may be able to get away with less than the legal requirement. Easiest way to find out is to talk to LL.


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    #6
    BailMeOut
    Registered Users Posts: 2,979 ✭✭✭BailMeOut


    Will try for a month and see what they say although this might give the LL an excuse to keep the deposit if he is a stickler about it.

    269535.png


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    #7
    Chris_5339762
    Registered Users Posts: 5,864 ✭✭✭Chris_5339762


    42 days is correct.

    Also, there is no such thing as a 'month on month'. You're on a Part 4 tenacy, I would presume, now.

    http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html


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    #8
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    Zulu wrote: »
    Legally I won't dispute with D3P0, however, I'd hazard a guess that the LL is only looking for 1 month. Hence the month to month. I suspect you may be able to get away with less than the legal requirement. Easiest way to find out is to talk to LL.


    Id agree with this depends on the LL though I guess.


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    #9
    BailMeOut
    Registered Users Posts: 2,979 ✭✭✭BailMeOut


    sorry but does it make any difference that I am moving out as the LL is putting the house up for sale?


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    #10
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    no doesn't change the notice periods Im afraid.


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    #11
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Zulu wrote: »
    Legally I won't dispute with D3P0, however, I'd hazard a guess that the LL is only looking for 1 month. Hence the month to month. I suspect you may be able to get away with less than the legal requirement. Easiest way to find out is to talk to LL.
    Any such clause in a lease that gives/allows 1 month's notice after 12 months in occupancy would be deemed invalid.

    However, the tenant and landlord may by mutual agreement may agree shorter period, immediately prior to (or after) a Notice of Termination, is valid


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    #12
    djimi
    Registered Users Posts: 13,238 ✭✭✭✭djimi


    BailMeOut wrote: »
    sorry but does it make any difference that I am moving out as the LL is putting the house up for sale?

    Have they given you notice? If so you might be able to negotiate something shorter.


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    #13
    BailMeOut
    Registered Users Posts: 2,979 ✭✭✭BailMeOut


    djimi wrote: »
    Have they given you notice? If so you might be able to negotiate something shorter.

    no LL just told me house is going on market in next week or two and will give me at least 2 months notice on having to vacate property if/when sold. I was just looking at a property today that trying to figure out when I could start a new lease.

    thanks everyone for your help here.


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    #14
    BailMeOut
    Registered Users Posts: 2,979 ✭✭✭BailMeOut


    just a followup on this. We ended up just giving 28 days notice and LL was happy with that and deposit was returned a few weeks after moving.

    Thanks everyone for help on this.


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    #15
    Marcusm
    Registered Users Posts: 10,237 ✭✭✭✭Marcusm


    odds_on wrote: »
    Any such clause in a lease that gives/allows 1 month's notice after 12 months in occupancy would be deemed invalid.

    However, the tenant and landlord may by mutual agreement may agree shorter period, immediately prior to (or after) a Notice of Termination, is valid

    I'm sorry but that is not strictly correct - the RTA 2004 precludes the tenant from contracting out of their statutory rights but does not provide the same benefit to the landlord; accordingly, I would, if in the same position, argue that the landlord has contracted out of his rights to the extended part 4 notice. Equally, it's unlikely to be an issue for a landlord in this position.


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