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"Joint and Several" fixed term lease.

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  • 18-07-2010 9:32pm
    #1
    Giblet
    Registered Users Posts: 11,980 ✭✭✭✭


    I've just moved out of a house and cannot claim my deposit as another tenant who is also on the lease wishes to stay after the end of the fixed term lease (It expired a few weeks ago). There is issues moving someone else in (no-one is interest for the last 2 months), so I can't get their deposit (And the current tenants can't pay the full amount either but that seems to be a separate issue). Am I right in thinking that as the lease agreement seems to stay in place as long as the other housemate remains, that I have to wait until the lease is terminated in order to get my deposit? Never ever signing a joint lease again, my stupid mistake.


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    #2
    Ste.phen
    Registered Users Posts: 2,808 ✭✭✭Ste.phen


    Hm, for the first time in a while this is an obscure lease related question that I haven't seen before.

    Sounds to me like you should all have moved out at the end of the fixed term lease, and if someone wanted to stay on they should sort it out with the landlord seperately.


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    #3
    matrim
    Registered Users Posts: 7,518 ✭✭✭matrim


    When something like this has happened to me in the past the other person should always pay you the deposit or you get it off the new person moving in.

    I don't know what the legal stuff is but you should talk to the other person and try to work something out even if it's a installment plan.


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    #4
    Giblet
    Registered Users Posts: 11,980 ✭✭✭✭Giblet


    Basically, the terms of the lease state that if no new agreement is signed, the terms of the lease continues as is, but with a monthly break clause. I'm gone, in a new place. The other two housemates are staying on, but my name is on the lease with one of the other housemates (even though the fixed term has expired). They shouldn't really have to pay my deposit, but it doesn't seem like I can do much until the last tenant is gone from the lease. They have had a few people looking at the place, but with the landlord unwilling to reduce rent, it seems that it might go unrented for a while.


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