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How long do I need to give leaving a flat?

  • 02-06-2016 3:12pm
    #1
    mikeydean
    Registered Users, Registered Users 2 Posts: 1 ✭


    Hello,

    I have been renting for the last 6 months and want to move out.

    I gave a 1 month deposit plus one months rent. I don't have a lease.

    The landlord said if I leave within 12 months he can keep the deposit and one months rent to cover breaking my tenancy and to cover damages/wear and tear!

    I don't have any wear and tear or damages, but he said that doesn't matter, that he has the right to keep it because I am leaving within the first 12 months.... this cant be right can it?

    I have tried to ring the ptrb but cannot get through to them. I sent an e-mail a few days ago but it kept bouncing back.... just not my week...

    Its too sunny out there to be completely miserable.... but any help appreciated!


Comments

  • #2
    Mrs OBumble
    Registered Users, Registered Users 2 Posts: 26,286 ✭✭✭✭Mrs OBumble


    LL is likely ignorant of the law and/or changing his arm.

    You need to give notice in writing: 28 days if you're there less than 6 months 35 days if you're there more than that.

    Deposit can only be kept if the LL actually pays for repairs - ask him for the receipts.

    Details here: http://www.threshold.ie/advice/ending-a-tenancy/ending-your-tenancy/


  • #3
    Michael D Not Higgins
    Registered Users, Registered Users 2 Posts: 7,223 ✭✭✭Michael D Not Higgins


    You say you don't have a lease, was there a verbal agreement to stay for 12 months? If so, you're breaking this agreement and you are liable for rent until the flat is let again. There is an obligation on the landlord to mitigate his losses so he can't just take your deposit. If he fills the place the following week you only have to pay for that extra week.

    If there was no agreement to a fixed term, then the tenancy is a periodic one and you can leave after the correct notice (as above) and you should get your deposit back minus any costs for damages and not for any additional rent.


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