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Cooling off period???

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  • 31-01-2012 8:33pm
    #1
    Elbows22
    Closed Accounts Posts: 455 ✭✭


    I signed a lease with a landlord 6 days ago and paid a deposit but have changed my mind(I have not moved in yet).Should the deposit by law be refunded to me?


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    #2
    Giblet
    Registered Users Posts: 11,980 ✭✭✭✭Giblet


    No, the Landlord now has to go through the effort of putting the property back up, so will most likely take some of your deposit.


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    #3
    Gurgle
    Closed Accounts Posts: 5,064 ✭✭✭Gurgle


    Elbows22 wrote:
    I signed a lease with a landlord 6 days ago and paid a deposit but have changed my mind
    Seriously?
    Don't you understand the concept of signing a contract?
    Giblet wrote: »
    Landlord..will..take..your deposit.
    FYP


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    #4
    Elbows22
    Closed Accounts Posts: 455 ✭✭Elbows22


    Gurgle wrote: »
    Seriously?
    Don't you understand the concept of signing a contract?


    Yes and also why I asked about a cooling off period as is the same with any other contract..........
    Answering a question with another question - Not very helpful at all - Are you not supposed to a moderator?


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    #5
    El Weirdo
    Registered Users Posts: 11,647 ✭✭✭✭El Weirdo


    The landlord is well within his rights to hold on to your deposit and (if it is a fixed-term lease) pursue you for the rent for the full term of the lease.


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    #6
    Gurgle
    Closed Accounts Posts: 5,064 ✭✭✭Gurgle


    Elbows22 wrote: »
    Answering a question with another question - Not very helpful at all - Are you not supposed to a moderator?
    I is a moderator in the forum in which I is a moderator, elsewhere I is just a poster and I can rip the piss out of silly questions same as everyone else ;)


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    #7
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Elbows22 wrote: »
    Yes and also why I asked about a cooling off period as is the same with any other contract..........
    Answering a question with another question - Not very helpful at all - Are you not supposed to a moderator?

    There are only some contracts with cooling off periods. Most relate to distance selling and some financial products.


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    #8
    vicwatson
    Registered Users Posts: 28,403 ✭✭✭✭vicwatson


    Elbows22 wrote: »
    I signed a lease with a landlord 6 days ago and paid a deposit but have changed my mind(I have not moved in yet).Should the deposit by law be refunded to me?

    What term was the lease?


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    #9
    PatQfarmer
    Registered Users Posts: 597 ✭✭✭PatQfarmer


    Elbows22 wrote: »
    I signed a lease with a landlord 6 days ago and paid a deposit but have changed my mind(I have not moved in yet).Should the deposit by law be refunded to me?

    No!
    Landlord could keep the lot and potentially sue you for rent.
    Be content to just lose the deposit.
    Don't sign anything unless you are 100% sure in first place!:cool:


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    #10
    Victor
    Registered Users Posts: 78,400 ✭✭✭✭Victor


    Gurgle wrote: »
    I is a moderator in the forum in which I is a moderator, elsewhere I is just a poster and I can rip the piss out of silly questions same as everyone else ;)
    Please don't. We prefer constructive posts there. :)
    Elbows22 wrote: »
    Yes and also why I asked about a cooling off period as is the same with any other contract..........
    Answering a question with another question - Not very helpful at all - Are you not supposed to a moderator?
    Your post did come across as somewhat naive.

    The landlord can only take the amount it costs to re-let the property in new advertising, estate agent costs, etc. This may or may not exceed the amount of your deposit.

    In general, never sign a property contract without being 100% certain.


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    #11
    vicwatson
    Registered Users Posts: 28,403 ✭✭✭✭vicwatson


    PatQfarmer wrote: »
    No!
    Landlord could keep the lot and potentially sue you for rent.
    Be content to just lose the deposit.
    Don't sign anything unless you are 100% sure in first place!:cool:


    This was the reason I was asking how long the lease was for as the landlord would be entitled to sue you for completion of the lease and/or compensation.


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    #12
    Gurgle
    Closed Accounts Posts: 5,064 ✭✭✭Gurgle


    vicwatson wrote: »
    This was the reason I was asking how long the lease was for as the landlord would be entitled to sue you for completion of the lease and/or compensation.

    Has this type of case ever been successfully taken against someone for breaking a residential lease?

    I thought the purpose of the lease was more for protection of the tenant than the landlord, and the deposit was effectively the limit of your liability for breaking the lease.

    constructive contribution


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    #13
    vicwatson
    Registered Users Posts: 28,403 ✭✭✭✭vicwatson


    Gurgle wrote: »
    Has this type of case ever been successfully taken against someone for breaking a residential lease?

    I thought the purpose of the lease was more for protection of the tenant than the landlord, and the deposit was effectively the limit of your liability for breaking the lease.

    constructive contribution

    I'm not sure on your question re a successful case but I imagine there are succesful cases taken all the time though the PRTB or by suing directly, and a lease is essentially a contract.

    A lease protects BOTH parties, as per the terms of the contents, the tenant has a right to read the lease and have amendements agreed in advance of signing it but if you've got the lease from the landlord, read it, don't have any issues with it, THEN go and sign it then tough titty. You have made a contract and you were afforded opportunity to have amendments made if you weren't happy, why sign a legally binding contract if you have read it in advance and aren't happy? :confused:

    In the lease it will state the term of the tenancy and of course how much the rent is and yes you are more than entitled to either force the completion of the contract or compensation.

    Having said all that there are many many variables involved but the basics are outlined above.


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    #14
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    My own lease has a header:
    WARNING: This is a legally binding Contract. The Tenant risks losing his security deposit if he breaks any of its terms. If he leaves the property before the tenancy ends, the landlord may pursue him for the balance of the rent due under this agreement or may sue him for damages. It is recommended that a Tenant obtains legal advice before completing this Agreement.


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    #15
    Marcusm
    Registered Users Posts: 10,320 ✭✭✭✭Marcusm


    You have entered into a legally binding contract and the landlord can not only take your deposit but also chase you for the rent. He has a duty to minimise his loss which would mean readvertising the property and seeking to let it at an early opportunity.

    In order to minimise the cost to you, you should inform him as soon as possible to give him the best opportunity to obtain a new tenant and minimise any void period.

    Did you receive a BER cert? While some have previously stated blithely that non provision of a BER means the lease is void, this position appears to be far from clear. If it was not provided to you, however, the landlord is guilty of an offence but of course you would not kick up a fuss if he deals as nicely with you as you will with him (especially as this is toothless as it seems not to be enforced).

    In future, think about what you're doing.


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    #16
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    vicwatson wrote: »
    I'm not sure on your question re a successful case but I imagine there are succesful cases taken all the time though the PRTB or by suing directly, and a lease is essentially a contract.

    A lease protects BOTH parties, as per the terms of the contents, the tenant has a right to read the lease and have amendements agreed in advance of signing it but if you've got the lease from the landlord, read it, don't have any issues with it, THEN go and sign it then tough titty. You have made a contract and you were afforded opportunity to have amendments made if you weren't happy, why sign a legally binding contract if you have read it in advance and aren't happy? :confused:

    In the lease it will state the term of the tenancy and of course how much the rent is and yes you are more than entitled to either force the completion of the contract or compensation.

    Having said all that there are many many variables involved but the basics are outlined above.

    I suppose to be fair to the OP its a fair question (I didnt actually know either if a rental lease has a cooling off period; it would surprise me if it did but I suppose you never know). We dont know their circumstances; I agree with what you said but suppose someone signs a lease and loses their job the next day? A weeks cooking off period wouldnt be too bad for the landlord; notices would most likely still be in papers, shops, on daft etc so chances are they would still be able to get another tenant without a huge amount of effort.


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    #17
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    djimi wrote: »
    I suppose to be fair to the OP its a fair question (I didnt actually know either if a rental lease has a cooling off period; it would surprise me if it did but I suppose you never know). We dont know their circumstances; I agree with what you said but suppose someone signs a lease and loses their job the next day? A weeks cooking off period wouldnt be too bad for the landlord; notices would most likely still be in papers, shops, on daft etc so chances are they would still be able to get another tenant without a huge amount of effort.

    They could still lose their job the day after signing their lease, no matter when they sign it.


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