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Leaving a rented property after three months

  • 25-12-2020 1:45pm
    #1
    Closed Accounts Posts: 139 ✭✭


    Hi folks,

    Have a friend who rented a property for the last five months and now wants to relocate due to a job offer in another county.

    Whats the implications here as he never signed a lease. The apartment is in a highly sought area and landlord could have someone else in within a week. Its kilkenny city and 15 other rentals on daft for the whole county and feck all in the city.


Comments

  • Registered Users, Registered Users 2 Posts: 999 ✭✭✭arrianalexander


    Pcgamer wrote: »
    Hi folks,

    Have a friend who rented a property for the last five months and now wants to relocate due to a job offer in another county.

    Whats the implications here as he never signed a lease. The apartment is in a highly sought area and landlord could have someone else in within a week. Its kilkenny city and 15 other rentals on daft for the whole county and feck all in the city.

    At worst the landlord could refuse to give deposit back.

    If landlord goes down that route there isn't much your friend can do.

    Also keep in mind although the landlord will probably rent it without issues it doesn't mean it will be without cost and without a week or two with out rent.


  • Closed Accounts Posts: 139 ✭✭Pcgamer


    At worst the landlord could refuse to give deposit back.

    If landlord goes down that route there isn't much your friend can do.

    Also keep in mind although the landlord will probably rent it without issues it doesn't mean it will be without cost and without a week or two with out rent.

    Yea friend would be happy for the landlord to keep the deposit so they won't be out of pocket.

    They'd have a new tenant within 24 hours if they really wanted one and would leave the place properly cleaned before they went.


  • Registered Users, Registered Users 2 Posts: 999 ✭✭✭arrianalexander


    Pcgamer wrote: »
    Yea friend would be happy for the landlord to keep the deposit so they won't be out of pocket.

    They'd have a new tenant within 24 hours if they really wanted one.

    Take the hit so

    It's getting the right tenant sometimes takes time, so with viewings etc can take a week or even if the demand is high.


  • Registered Users, Registered Users 2 Posts: 9,512 ✭✭✭runawaybishop


    Pcgamer wrote: »
    Hi folks,

    Have a friend who rented a property for the last five months and now wants to relocate due to a job offer in another county.

    Whats the implications here as he never signed a lease. The apartment is in a highly sought area and landlord could have someone else in within a week. Its kilkenny city and 15 other rentals on daft for the whole county and feck all in the city.

    28 days notice is the statutory amount, no lease is good for the tenant as he didn't sign up to any term and isn't liable for any more rent ( this is virtually impossible for the LL to enforce anyway).

    Also you don't forfeit your deposit. The LL can subtract costs for advertising the letting again but not much else except missed rent. He must make reasonable effort to relet promptly and give the tenant the rest back.

    If your mate is paying rent in advance monthly then give notice asap and he should get pretty much all his deposit back.

    Edit: Notice period goes up after 6 months so tell the landlord asap.


  • Registered Users, Registered Users 2 Posts: 2,409 ✭✭✭1874


    28 days notice is the statutory amount, no lease is good for the tenant as he didn't sign up to any term and isn't liable for any more rent ( this is virtually impossible for the LL to enforce anyway).

    Also you don't forfeit your deposit. The LL can subtract costs for advertising the letting again but not much else except missed rent. He must make reasonable effort to relet promptly and give the tenant the rest back.

    If your mate is paying rent in advance monthly then give notice asap and he should get pretty much all his deposit back.

    Edit: Notice period goes up after 6 months so tell the landlord asap.

    assuming they give 28 days notice, or that its covered within the existing rent, the Op may think that its statightforward to just get a tenant within 24 hours but that will take time to advertise, respond and pick a tenant.


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  • Registered Users, Registered Users 2 Posts: 6,548 ✭✭✭Claw Hammer


    1874 wrote: »
    assuming they give 28 days notice, or that its covered within the existing rent, the Op may think that its statightforward to just get a tenant within 24 hours but that will take time to advertise, respond and pick a tenant.

    The o/p only has to give 28 days notice. He is entitled to his deposit back unless there is damage or rent owed. It is irrelevant how long it takes the property to re-let, if ever.


  • Registered Users, Registered Users 2 Posts: 999 ✭✭✭arrianalexander


    Ll could deduct cost of having to registered lease if he has registered it of course ,given there was no contract he may not of .


  • Registered Users, Registered Users 2 Posts: 1,300 ✭✭✭meijin


    Ll could deduct cost of having to registered lease if he has registered it of course ,given there was no contract he may not of .

    Not really. As previously decided by RTB (you can search the tribunal decisions), the LL cannot claim costs that would be related to regular reletting. So in effect, the LL can only deduct costs for the time the property was empty.


  • Registered Users, Registered Users 2 Posts: 999 ✭✭✭arrianalexander


    meijin wrote: »
    Not really. As previously decided by RTB (you can search the tribunal decisions), the LL cannot claim costs that would be related to regular reletting. So in effect, the LL can only deduct costs for the time the property was empty.

    Sorry I would of assumed he/she could because it's a short period of time stand corrected


  • Posts: 0 [Deleted User]


    Op, what length of term did your friend agree to when moving in? The lease does not have to be written, was the advertised term 12 months?


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