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Dispute over moving

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  • 28-01-2012 4:32pm
    #1
    Winston79
    Registered Users Posts: 73 ✭✭


    Hi,

    I have had to move out of rented accommodation after 5 months. I signed a 12 month contract, which appears not to mention a specific notice period. My landlord has €1000 and now wants half of that as he is out of pocket according to him.

    There seems to be varying opinions out there on the few websites i have checked as to what both our rights are. I will be seeking legal advice on Monday morning but am due to move into a new house tomorrow and dont have the full deposit as i wont be getting my €1000 tomorrow.

    Does anyone know my rights here?

    Thanks.


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    #2
    Bigcheeze
    Closed Accounts Posts: 2,858 ✭✭✭Bigcheeze


    You've no rights to any deposit back. You signed a 12 month lease. It sounds like the landlord is being pretty fair and reasonable. Technically he could pursue you for rent for the remainder of the lease although that would be unusual.


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    #3
    mrmitty
    Registered Users Posts: 80 ✭✭mrmitty


    Winston79 wrote: »
    Hi,

    I have had to move out of rented accommodation after 5 months. I signed a 12 month contract, which appears not to mention a specific notice period. My landlord has €1000 and now wants half of that as he is out of pocket according to him.

    There seems to be varying opinions out there on the few websites i have checked as to what both our rights are. I will be seeking legal advice on Monday morning but am due to move into a new house tomorrow and dont have the full deposit as i wont be getting my €1000 tomorrow.

    Does anyone know my rights here?

    Thanks.

    He only wants half of the security deposit?
    I would be seeking full compensation from you.
    Why would you think that you should be allowed to break a contract, either legally or ethically?


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    #4
    Victor
    Registered Users Posts: 78,400 ✭✭✭✭Victor


    You are entitled to assign the lease to someone else (acceptable to the landlord). However, you need to find them and you will be responsible for any difference in rent.

    There is no notice period - you have signed up for the year. After the year, it becomes a 'Part 4' lease where the notice period is defined by the Residential Tenancies Act.


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    #5
    Winston79
    Registered Users Posts: 73 ✭✭Winston79


    Fair enough, just it happened once before and the landlord gave me the full deposit back when i had signed a years lease, no hassle. This is the first time i've had any dispute over a deposit or lease and wasn't sure where i stood.


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    #6
    ProudDUB
    Registered Users Posts: 11,569 ✭✭✭✭ProudDUB


    OP, no disrespect intended, but, if money is that tight, why waste money on a solicitor? I don't think that he will give you any other advice than what you are getting here for free. You signed a contract saying that you would pay X amount of rent for 12 months. You broke that contract. Your landlord is entitled to hang onto your deposit to compensate him for the that loss. As was your former landlord. The fact that he chose not to do so is irrelevant. He may have been very happy to get the property back so that he could sell it, or renovate it, or let a family member live there.

    Whatever the reason, he was legally entitled to do just as you current landlord is doing. If you or him are able to find a tenant to move into the property, he should refund you the deposit minus the time period between tenancies that he had no rent coming in. If it sits idle for a time period that is greater than your deposit, bye bye 100% of the deposit. You are fortunate that he is giving you back anything at all. I don't really see how a solicitor would tell you otherwise.


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    #7
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Assuming €1000 is one months rent, then if I were you I would consider myself lucky that he is only penalizing you two weeks rent in order to break the lease early, considering he could well be out of pocket for full month or maybe more of rent after you leave.

    Your best bet is to look for a replacement tenant yourself and then see if the landlord will allow them to take over your lease. That way the landlord is not out of pocket with any lost rent while having to replace you after you leave. They might not agree to that, but its at least worth a try.


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    #8
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Winston79 wrote: »
    Hi,

    I have had to move out of rented accommodation after 5 months. I signed a 12 month contract, which appears not to mention a specific notice period. My landlord has €1000 and now wants half of that as he is out of pocket according to him.

    There seems to be varying opinions out there on the few websites i have checked as to what both our rights are. I will be seeking legal advice on Monday morning but am due to move into a new house tomorrow and dont have the full deposit as i wont be getting my €1000 tomorrow.

    Does anyone know my rights here?

    Thanks.

    The reason it does not mention a notice period is because in a Fixed Term contract there is no notice possible. The contract goes from the start of the term to the end of the term, no ifs or buts.
    If there is a breach of the terms of the contract then usually 28 days notice is required.

    Victor gave you absolutely correct information. Do as ProudDUB says, don't waste your money on a solicitor - you have received excellent advice in this thread so far. I don't think I have seen a thread where all the posters have been of the same opinion as regards a question like yours.


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