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Leaving earlier than anticipated

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  • 30-08-2007 7:50pm
    #1
    cornbb
    Registered Users Posts: 6,790 ✭✭✭


    Myself and the gf moved into a one-bedroomed apartment several months back. We signed a document entitled "Terms of Rental" containing eight terms, including one stating that the minimum letting period is nine months. Due to unforeseen circumstances it looks like we'll need to leave early, it'll have been four months when we leave. We'll give a months notice and hand the place back in pristine condition and all, and we feel bad for leaving the landlord in the lurch cause he's a decent guy, but I was wondering if we will be legally liable in any way? Could he legally hang on to our deposit for breaking the terms of the agreement? Thanks.


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    #2
    SimpleSam06
    Closed Accounts Posts: 4,048 ✭✭✭SimpleSam06


    As far as the contract goes (and it is a legally binding contract), you aren't liable unless it specifically states that in the terms of the contract ("in the event of default" clauses).

    If you signed it and it contains such a clause, you have only yourself to blame, although arguably the landlord might not take it to court since the cost of doing so might well exceed any potential gains. You can kiss your deposit goodbye, however.


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    #3
    cornbb
    Registered Users Posts: 6,790 ✭✭✭cornbb


    SimpleSam06 wrote:
    As far as the contract goes (and it is a legally binding contract), you aren't liable unless it specifically states that in the terms of the contract ("in the event of default" clauses).

    There is no such "in the event of default" clause, and the clause relating to the deposit states that it is refundable providing the apartment is left in good condition, without breakages etc, which it will be. Do you think this implies the deposit should be refundable in my case?


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    #4
    SimpleSam06
    Closed Accounts Posts: 4,048 ✭✭✭SimpleSam06


    cornbb wrote:
    Do you think this implies the deposit should be refundable in my case?
    It is my experience and also having had dealings with the PRTB that leaving early means the landlord gets to keep your deposit, which illustrates the sorry state of tenants rights in Ireland today. If you have a good relationship with your landlord, you might get it back, but I doubt it.


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    #5
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    SimpleSam06 wrote:
    It is my experience and also having had dealings with the PRTB that leaving early means the landlord gets to keep your deposit, which illustrates the sorry state of tenants rights in Ireland today.
    Unless the contract says that the landlord may withhold your deposit to cover unpaid rent or in the event that you leave early, then technically he may not withhold the deposit. He is obliged to return it, even if you leave early.

    However, it's all down to who is willing to go to court. It's unlikely that he would be bothered to bring you to court to pay the outstanding balance of the nine months, and it's unlikely that you will bring him to court to get your deposit back. So fair's fair that he gets to keep your deposit.

    In practice, if the landlord is a decent guy, try to find someone who can take over the apartment immediately after you leave, and then propose that to the landlord. It should work out fine. You'll have saved him the cost of advertising and maintained his rental income.


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