Arnie Hammer
Registered User
- Messages
- 42
I personally would overlook their lack of adequate notice and refund them their deposit based upon the fact they were hitherto good tenants who kept the property in a good state of repair. If you withhold their deposit they may well lodge a claim to the RTB.
Tenants have given me 16 days notice, but if I read the RTB website correctly they are actually obliged to give me 56 days' notice as their tenancy has lasted between two and four years. This would mean that they can leave no earlier than November 11 unless I agree otherwise.
But if the RTB website says I can withhold deposit for inadequate notice then what grounds would they have to go to the RTB?
All I can withhold is the deposit which is 31 days rent. They've given me 14 days notice and 56-14=42. Shouldn't they be liable for the extra 11 days as well?
Having said that I'm with Ravmina here; your former tenant can still attempt to recover their deposit via a complaint to the RTB. They may not ultimately suceed, but do you really need that hassle?
OP - you can enforce the terms and conditions and withhold the deposit for inadequate notice.
The tenants should have factored this in to their move. In the current environment, they may be availing of a better deal elsewhere.
However, consider is it worth the time and hassle of bad blood between you and your soon to be ex-tenants and a possible drawn out process with the RTB. From the sounds of things, you have enough on your plate.
Are your margins so tight on the property that this event is going to put the squeeze on you?.......You got 3+ years of zero hassle, reasonable income, no property damage I am presuming, and importantly, no void periods. As a residential property landlord, you'd generally conservatively factor in 11 months of rental receipts in a year - allowing for one month void. Even if it takes you a month, or a month and a half to turn the property around, on a 3-yr view you are coming out ahead in my book.
But you have already accepted their shorter notice without objection.... so too late to change your mind now.
Tell them that they have given inadequate notice and you are within your rights to withold the deposit but say you are willing to meet them half way. Less hassle for all I think.
I have an apartment in Dublin that I held on to after I got married. I've had a couple in place as tenants since June 2017. They've paid the rent on time and have been good tenants.
They pay at the end of the month, but on the 14th of this month (September) I got a bolt from the blue. They gave me notice that they would be quitting on the 30th of the month. They've signed a lease on a new place and are already half moved out. They've told me they won't pay any rent for October and want their deposit back in full.
Turning the property round is difficult for me at the moment for few reasons, including work and a new-born baby. From what I can tell properties are sitting much longer on Daft than normal due to Covid.
Tenants have given me 16 days notice, but if I read the RTB website correctly they are actually obliged to give me 56 days' notice as their tenancy has lasted between two and four years. This would mean that they can leave no earlier than November 11 unless I agree otherwise.
I've inspected it a few times and I don't anticipate any damage needing expenditure. What I want to know if if I can keep their month's deposit in full due to them leaving inside the legal notice period?
If the tenant moves out before the agreed end date in the rental agreement I make it clear that I will keep the deposit and I get confirmation from them that they acknowledge this fact.
If the tenant moves out before the agreed end date in the rental agreement I make it clear that I will keep the deposit and I get confirmation from them that they acknowledge this fact.
Model tenants for the last few years, and the OP wants to act the maggot with them.
What planet are you living on, that signed paperwork is about as useful as an ashtray on a motorbike.
Model tenants for the last few years, and the OP wants to act the maggot with them. Ridiculous. Be thankful you don't have to chase arrears, do a makeover on the property, have to have any dealings whatsoever with the Rtb etc.
This nonsense equates to two weeks rent.
Try this with approach with a few of the more experienced undesirable tenants, and you will rue the day you tried to be smart with the few good ones out there.
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