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Tenant leaving with only 21 days notice

  • 23-03-2022 4:41pm
    Registered Users Posts: 130 ✭✭ Thestart

    Hi all,

    The tenant in a rental I have is leaving and giving me 21 days notice. As they have been renting for 5+ years I should be getting 84 days notice, can I actually do anything about this?

    Post edited by L1011 on



  • Registered Users Posts: 1,533 ✭✭✭ MacDanger

    According to the RTB website, you are entitled to retain their deposit (and you could probably follow them through the RTB + court process for the remainder) although I think that you are required to make efforts to defray your losses (i.e. rent out the property) so you might not actually be entitled to compensation for the additional time in the current market.

    What happens if a Tenant fails to give the required notice period

    A tenant can give a landlord a shorter period of notice than required, if the landlord agrees to this at the time the tenant is seeking to terminate the tenancy. However, if there is no agreement reached with the landlord and the tenant leaves a rented dwelling and does not serve a notice of termination or gives inadequate notice, the landlord may be entitled to the rent for the period of the notice that should have been given. A landlord may be entitled to retain part or all of the deposit to cover this amount.

  • Registered Users Posts: 129 ✭✭ AySeeDoubleYeh

    You'll easily find someone to take their place.

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  • Registered Users Posts: 130 ✭✭ Thestart

    Thanks all for advice and information. The 21 days is just a little too short for me. I’ll talk to the tenant and see what happens.

  • Registered Users Posts: 1,593 ✭✭✭ ballyharpat

    Id say let them go, if they are a private tenant, don't make life difficult for you and them. If it's a council tenant, take it up with the council and get the rent from them.

    As other posters have said, they could have not paid and just moved out-

  • Registered Users Posts: 512 ✭✭✭ MakersMark

    Just keep the deposit and move on.

    Tenants have all the rights in this scenario.

    Might be a good time to consider selling too.

  • Registered Users Posts: 7,539 ✭✭✭ Flinty997

    Not a lot.

    You can retain the deposit but it seems unnecessary.

    Tenants leave, you'll have no problems getting a new one probably at a higher rent. Your aim should be to re-rent as soon as possible with the least hassle as possible.

  • Registered Users Posts: 8,084 ✭✭✭ Ray Palmer

    Yeah regulations should only apply to landlords. I suggest you try and get tradesmen lined up to do work. There is a very good reason for notice periods extending the longer you stay. The issue is the landlord now has a tight deadline to deal with whatever condition the property is in. The deposit may not even cover the damage that will certainly be there beyond wear an tear, all property has damage beyond wear and tear it is whether they repaired or not.

    OP go do an inspection now so that you can agree with them leaving early if you are happy with the condition it is in. Making them fix everything and pay for any trades if needed. If possible find out where they work just in case

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  • Registered Users Posts: 7,539 ✭✭✭ Flinty997

    Ok lets run with your scenario,

    Say they have more damage than the deposit covers and won't (and can't) pay for it.

    Say you can't get tradesmen for 12 months.

    Say you know where they currently work.

    What will you do.

  • Registered Users Posts: 5,758 ✭✭✭ Claw Hammer

    If he keeps the deposit and the tenant complains to the RTB, In all likelihood, the RTB will order him to repay the deposit plus compensation to the tenant for late repayment of the deposit. The O/P is in business that he has to make a pragmatic business decision. Right or wrong he just has to get on with recovering possession was property and letting it again.

  • Registered Users Posts: 8,084 ✭✭✭ Ray Palmer

    Why do you need to add more? It is quite petty.


    It is about the notice to get tradesmen being longer than 21 day and back to the legal requirement for proper notice not 12 months.

    You have a location to serve them and some employers don't like to hear about walking out on bills

    I have been through this and got paid without going to the PRTB. People will chance their arm but when they get push back they often cave.

  • Registered Users Posts: 455 ✭✭ KieferFan69

    The landlord needs to take a long look at himself for even dreaming of punishing a long time tenant like this, no wonder the rental market is so atrocious over here, you live in Germany for a bit and you will see

  • Registered Users Posts: 5,368 ✭✭✭ JimmyVik

    I know in Germany that two people can a gree on a contract and both will be punished for not honoring the contract they signed. Its different here.

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  • Registered Users Posts: 8,084 ✭✭✭ Ray Palmer

    But that is not what was asked first. If a landlord gave short notice I assume you think that is wrong?

    Why different?

    Germany where the tenants have to repaint before they leave and provide their own kitchens?

  • Registered Users Posts: 455 ✭✭ KieferFan69

    Instead of living among the cheapest furniture from IKEA (if lucky) and damp, you are lucky to get a second set of keys if you move in here

  • Registered Users Posts: 3,364 ✭✭✭ Xander10

    No where has the landlord talked of punishing the tenant. You just made that up to suit yourself.

    He has only asked , what can be done if anything to secure the correct notice from the tenant, like the correct notice I'm sure a tenant would insist on if the landlord was terminating the lease.

  • Registered Users Posts: 8,084 ✭✭✭ Ray Palmer

    I am noticing you didn't answer the questions put to you, why is that?.I don't have a single piece of Ikea furniture in a rental and they are all insulated with triple glazing. Ikea furniture comes with a 10 year guarantee so I fail to see the issue anyway. Your experiences in the rental market are not reality for the entire market.

    You brought up Germany what happens there is the tenant breaks lease terms like this?

  • Registered Users Posts: 7,116 ✭✭✭ Grumpypants

    Good god just let them go. What is the best scenario versus the worst.

    At best you get two months extra rent. Then it's empty and you have to spend a few weeks fixing it up and renting it again. They will prob be annoyed and not facilitate any potential tenants coming to view it while they are there.

    At worst you have a falling out, they stop paying rent and it takes you two years to get them out and you lose tens of thousands.

    Let them go, maybe even ask them to meet you half way. You will let them go early at 21 days if they agree to have it spotless and ready for some one else to walk into.

    Put up the rent to market rates and rent it out to someone new. You will have it rented in a week in this market.

  • Registered Users Posts: 231 ✭✭ DFB-D

    The German environment is pretty much the same as Ireland.

    Long enforcement periods and they cannot obtain money for a LL off someone who cannot pay.

    The grass is always greener and all that, but Germany is not a good example.

  • Registered Users Posts: 8,084 ✭✭✭ Ray Palmer

    Really I thought you could evict people in Germany for non payment of rent within a few months?

  • Registered Users Posts: 1,533 ✭✭✭ MacDanger

    Not according to the RTB wesbite; the OP is fully entitled to retain their deposit (although I believe this is subject to the LL making every effort to defray their losses):

  • Registered Users Posts: 175 ✭✭ Canterelle

    In all likelihood you have received between €70,000 to €100,000 from this tenant over the past 5 years. So ok, they should give you more notice but as pointed out above all you gain from this is 2 extra months rent and disgruntled tenants. They probably have a reason for the short notice, have they told you what that is? In the current climate you can definitely have your property back earning rent within a couple of weeks - unless it is in bad condition. Check out the condition of the property and come to a reasonable agreement with your current tenants!

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  • Registered Users Posts: 8,084 ✭✭✭ Ray Palmer

    Irrelevant how much they paid already. If you boss decided not to pay you and said sure I paid you so much already you should be happy with that. Current climate means a shortage of trades and materials meaning more time needed to organise.

    Notice period works both way

This discussion has been closed.