Return of Security Deposit

G

galmac

Guest
Hi,

We moved into our house in August 07, and signed a one year lease. Since then we have stayed for a further year and a half, though a lease has never been signed since. In the mean-time, there has been a part change of tenants and the rent has changed twice. Neither of these actions have ever been put in writing.

I served the landlord with notice to leave our house in early-Decmeber for 1st February 2010.

The landlord is potentially refusing to return the deposit as we are breaking the terms of the lease, that it was assumed that we had a rolling 1 yr fixed term lease, since our first lease.

Is the landlord entitled to keep our deposit?

Any help/thought wold be appreciated.
 
Well your landlord had no problem in accepting your rent after the lease was up and you have given him/her plenty of notice of quitting so I can't see how he can possible withhold your deposit unless some damage was caused to the house. I'm not sure about the legel end of things though.
 
Read your Lease carefully.

Any Lease Agreement that I get my tenants to sign says that after 6 months have expired, the tenancy will continue indefinitely until such time as the tenants or the Landlord give 28 days notice.
 
You should check the PRTB website (www.prtb.ie). After six months as a tenant you have a Part 4 tenancy even if no further lease is signed. As your one year lease is up you need only give the correct notice to leave. Be sure to give notice in writing to ensure getting your deposit back.
 
Thanks for the advice. We gave the mandatory days notice, however only over the phone, and not written. I hope this won't work against us.
I'll check in with the PRTB tomorrow. Thanks for all the advice.
 
galmac said:
Thanks for the advice. We gave the mandatory days notice, however only over the phone, and not written. I hope this won't work against us.
I'll check in with the PRTB tomorrow. Thanks for all the advice.
Click to expand...

I would follow it up in writing.....giving "confirmation of phone conversation" on whatever date it was just to cover yourself.
 
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