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Notice and Deposit question

  • 03-11-2013 8:35pm
    #1
    cmssjone
    Registered Users, Registered Users 2 Posts: 363 ✭✭


    Hi guys,

    2 queries to this one I suppose.......

    (1) We signed a lease that is due to end mid-November 2013 and have had not heard from the landlord regarding signing another lease. I assume that once this lease is up then we have to give the appropriate amount of time to leave. As it will be between 1 and 2 years it'll be 6 weeks notice as far as I am aware. I'm probably wrong!

    We have recently gone sale agreed on a property and the move in date is mid- December and are unsure how to proceed. We have never talked to the landlord and do not even have an address to send her the appropriate notice. According to the agent we used she didn't even return a signed copy of the lease to him.

    (2) We recently bought a pup and have realised upon reading the lease that we did not seek permission to do so. Does this mean that we will lose our deposit anyway? Should I just hide the dog when prospective renters come to view the property? How often are you obliged to have people around to view the property?

    The house we have rented will be returned as given, less some wear and tear, mainly peeling paint in kitchen and bathroom ceilings. Are we liable for this?

    Thanks for your thoughts...


Comments

  • #2
    djimi
    Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    Once the lease has expired you can remain in the tenancy for up to 4 years without needing to sign a further lease. You only need to give notice of your intention to stay between 1 and 3 month prior to the lease expiring, or you may be held liable for any costs the landlord has incurred in reletting on the assumption that you were vacating (unlikely in reality). So if plan to move out in mid-December simply do not sign a futher lease, then give the appopriate notice to take you up to the point you wish to vacate.

    Unless the dog has caused damage to the property then the landlord cannot deduct from the deposit for it being there.

    If the paint is peeling because of condensation build up that you have caused (ie not opening a kitchen window or turning on the fan in the bathroom when showering etc) then you could be held liable alright. Hard to say without seeing the property.


  • #3
    cmssjone
    Registered Users, Registered Users 2 Posts: 363 ✭✭cmssjone


    djimi wrote: »
    Once the lease has expired you can remain in the tenancy for up to 4 years without needing to sign a further lease. You only need to give notice of your intention to stay between 1 and 3 month prior to the lease expiring, or you may be held liable for any costs the landlord has incurred in reletting on the assumption that you were vacating (unlikely in reality). So if plan to move out in mid-December simply do not sign a futher lease, then give the appopriate notice to take you up to the point you wish to vacate.

    Unless the dog has caused damage to the property then the landlord cannot deduct from the deposit for it being there.

    If the paint is peeling because of condensation build up that you have caused (ie not opening a kitchen window or turning on the fan in the bathroom when showering etc) then you could be held liable alright. Hard to say without seeing the property.

    Thanks for the prompt reply. Bathroom has fan that comes on when you turn on light and kitchen has extractor fan which we have been using. They obviously just aren't very good...


  • #4
    fasttalkerchat
    Registered Users, Registered Users 2 Posts: 5,652 ✭✭✭fasttalkerchat


    It may have been painted with unsuitable paint.
    I would hide the dog since a new tenant may be put off.
    Since you know when you will move out I would tell the LL right away to give him as much time as possible to find someone to replace you.


  • #5
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    You need to give the landlord notice- if you intend to remain in the property- its not the other way around. If he/she incurs costs advertising the property- you are liable for those costs.

    With respect of the puppy- you are in breach of your lease- and at very least, the apartment will require a deep clean when you leave it- presuming the dog hasn't started teething yet. If the dog starts to teeth- he or she will chew things- its entirely normal, legs on chairs, tables and other furniture are normal. When their claws start to grow- if they aren't given plenty of opportunity to blunt them with adequate walks on adequate surfaces- they will scratch at things- leather seems to be nice for them. They will habitually scratch at doors when they want them opened. This is all normal behaviour- however- it will cause damage- which could be a multiple of times your deposit- which is why pets are seldom allowed.

    Your call what you intend to do re: the puppy- but it wasn't the brightest of ideas.

    You need to contact the landlord one way or the other, and indicate whether you intend to remain in the apartment.


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