Deposit after breaking fixed term contract ?

robbie_998

So my tanent is breaking a 12 month fixed term contract after only 1 month and giving 1 month notice so total 2 months

Do they get the deposit back ?

edellc

That depends on you, there are no set laws to govern such things in Ireland.

Why is the tenant leaving?

Although they are leaving after one month, giving you one months notice is actually very decent of them, there are some who would just fcuk off and not say anything to you, leaving you completely high and dry, and unaware they have left until your looking for rent

Is the tenant willing to let you do viewings while they are still there, therefore able to line someone up to move in the day after your tenant is gone? If that is the case then why would you keep the deposit your not loosing anything, maybe keep advertising costs

If they have a genuine reason for leaving then why would you be a bastard about it

robbie_998

edellc wrote: »

That depends on you, there are no set laws to govern such things in Ireland.

Why is the tenant leaving?

Although they are leaving after one month, giving you one months notice is actually very decent of them, there are some who would just fcuk off and not say anything to you, leaving you completely high and dry, and unaware they have left until your looking for rent

Is the tenant willing to let you do viewings while they are still there, therefore able to line someone up to move in the day after your tenant is gone? If that is the case then why would you keep the deposit your not loosing anything, maybe keep advertising costs

If they have a genuine reason for leaving then why would you be a bastard about it

I'm working on behalf of a landlord looking after the leg work etc.

I think the tenant is grand and the reason for leaving us high rent the social won't pay etc.

But the landlord himself is being a knob about it and if like to give it back to him.

But the landlord himself rang me there and said he went over the contract and he thinks he can still get rent for the rest of the year which I think is a load of crap

edellc

But the landlord himself rang me there and said he went over the contract and he thinks he can still get rent for the rest of the year which I think is a load of crap

Yeah most ppl on here will tell you the same, but tbh we really dont have any laws to enforce something like this and if the tenant is on social welfare then they are hardly going to be able to pay for the remainder of the year, also this whole "get the rent for the remainder of the year" I've only ever seen this awarded on Judge Judy and that America not here. I ask for anyone to post a court order stating that a full years rent is due if a tenant breaks a lease in circumstances like this, and no an order from the PRTB doesnt count as thats not legally binding.

So by all means let the landlord try for it but as for him getting it well he has no hope in my option

Back to your tenants, if your the agent do you hold on to the deposit? If so is there anyway you can get someone to move in as soon as sitting tenant is moved out and that way you can be nice and just give the deposit back, blame a confusion in communication as the reason

robbie_998

edellc wrote: »

But the landlord himself rang me there and said he went over the contract and he thinks he can still get rent for the rest of the year which I think is a load of crap

Yeah most ppl on here will tell you the same, but tbh we really dont have any laws to enforce something like this and if the tenant is on social welfare then they are hardly going to be able to pay for the remainder of the year, also this whole "get the rent for the remainder of the year" I've only ever seen this awarded on Judge Judy and that America not here. I ask for anyone to post a court order stating that a full years rent is due if a tenant breaks a lease in circumstances like this, and no an order from the PRTB doesnt count as thats not legally binding.

So by all means let the landlord try for it but as for him getting it well he has no hope in my option

Back to your tenants, if your the agent do you hold on to the deposit? If so is there anyway you can get someone to move in as soon as sitting tenant is moved out and that way you can be nice and just give the deposit back, blame a confusion in communication as the reason

I think the tenant currently living there should get a deposit back at the end so I'm hoping for that.

As for getting someone else in its no problem and the tenant is being nice about it all letting us have viewings etc. so really fair play to the tenant !

I've explained to the landlord that there is no grounds to keep the deposit but he's Adament to keep if and is heading down to another estate agents on Monday !

I'm really against the landlord here so I'm actually going to take my wages off the muppet and let him do it all himself !

But thanks for all the info people.

djimi

The tenant would be very lucky to get their deposit back but its up to you. Have they tried to reassign the lease? That is their only option if they wish to get out of this the right way.

The landlord is entitled to chase the tenant for the remaining amount of the lease; the tenant is breaking a legally binding contract. However the costs and time and effort involved usually means most wont bother or see it worth their while, and that the deposit being kept is enough.

3DataModem

Deduct cost to readvertise, give back rest, take your fee, tell landlord to take a hike.

djimi

3DataModem wrote: »

Deduct cost to readvertise, give back rest, take your fee, tell landlord to take a hike.

Why should the landlord be told to take a hike?

Azures

djimi wrote: »

3DataModem wrote: »

Deduct cost to readvertise, give back rest, take your fee, tell landlord to take a hike.

Why should the landlord be told to take a hike?

In the contract both the tenant and the landlord can terminate the lease, if they give the required notice. The tenent has not broken the contract

djimi

Azures wrote: »

In the contract both the tenant and the landlord can terminate the lease, if they give the required notice. The tenet has nit broken the contract

Where are you getting that from?

edellc

djimi wrote: »

Where are you getting that from?

I take it your a landlord :rolleyes:

Do you not think it is reasonable to give the deposit back if the tenant is up front and honest about things I mean the tenant could have said nothing, keep the rent for a couple of months and fecked off but they didnt, not all circumstances are black and white, its great that in your eyes they are, but the reality is very different....the tenant is in a difficult situation as the social wont approve RA for the property so by not giving the deposit back its very likely they could end up on the street as they are obviously in need of financial help, and it takes the cwo a while to issue a deposit for a new place, and if the tenant has already gotten a deposit from the cwo then they wont be getting a second one....and as the EA said they have someone lined up straight away to move in so the landlord is at no financial loss if the deposit is given back

I think you are what went wrong in the boom times, money grabbing greedy gits with no heart

djimi

edellc wrote: »

I take it your a landlord :rolleyes:

Do you not think it is reasonable to give the deposit back if the tenant is up front and honest about things I mean the tenant could have said nothing, keep the rent for a couple of months and fecked off but they didnt, not all circumstances are black and white, its great that in your eyes they are, but the reality is very different....the tenant is in a difficult situation as the social wont approve RA for the property so by not giving the deposit back its very likely they could end up on the street as they are obviously in need of financial help, and it takes the cwo a while to issue a deposit for a new place, and if the tenant has already gotten a deposit from the cwo then they wont be getting a second one....and as the EA said they have someone lined up straight away to move in so the landlord is at no financial loss if the deposit is given back

I think you are what went wrong in the boom times, money grabbing greedy gits with no heart

No Im not a landlord; Im a tenant.

Its been in every lease Ive ever signed that if I break the lease early then I lose my deposit. If the landlord wants to give the deposit back then more power to him; theres no law to say that he cant. But its the tenant who is breaking a legally binding contract, and its not right to start making the landlord out to be the bad guy if he is not happy about this and wants to penalize the tenant. Im not saying he is right to take the hard line and obviously in certain circumstances showing a bit of compassion would be the honorable thing to do, but that doesnt change the fact that the tenant is in the wrong; they are breaking a lease early and must face the consequences of doing so.

edellc

as i said not every case is black and white...I do hope you never find yourself in such a predicament....and I do think your comments are heartless, their may be a contact but in case you haven't realised this is Ireland and our rental laws are none existent so really the "contact" is more about obligations and isn't worth the paper its written on, and for the record in the 13years that I have rented NEVER once has a contract said that I am liable for the remainder of the lease should I leave early, and the only time I every had to leave a property - due to loosing my job and not being able to afford the rent I sat down and spoke to the landlord face to face and explained the situation and it was no problem the deposit was retuned, I did buy him a nice bottle of whiskey for his troubles though...it is nice to be nice as karma is a bitch

3DataModem

djimi wrote: »

3DataModem wrote: »

Deduct cost to readvertise, give back rest, take your fee, tell landlord to take a hike.

Why should the landlord be told to take a hike?

Because he's being unreasonable to his own agent, about a deposit he has no entitlement to. Agents should kick bad landlords to the kerb.

djimi

A fixed term rental contract is a legal contract between two parties; why on earth would you think it isnt worth the paper it is printed on?

My comments may be heartless but renting is business and both parties sign a legal contract at the beginning of the tenancy. Like I said there is absolutely nothing to say that the landlord cannot show compassion and in a case like the one of the OP I would honestly hope that the landlord would show some common decency. But that doesnt change the fact that the landlord is in the right here and should he choose to take the hard line and penalize the tenant by keeping their deposit then so be it. Technically, should the landlord choose to do so, they can persue the tenant for the full amount of the rent for the duration of the lease, but seeing as its usually too much hassle/cost to do so they will simply accept the months rent worth of deposit and move on.

Im not trying to be a hardass about this; Im simply saying it as it is. Theres on point offering the OP advise saying that the landlord should show compassion or whatever; thats up to the landlord and his conscience to decide.

djimi

3DataModem wrote: »

Because he's being unreasonable to his own agent, about a deposit he has no entitlement to. Agents should kick bad landlords to the kerb.

Why has he no entitlement to the deposit?

What happens between the agent and the landlord is a different matter; the OP is not asking whether or not he should continue to do business with this landlord.

nxbyveromdwjpg

I wouldn't think any deposit is due back if the tenant broke the lease, unless the tenant fills the place so there is no downtime

Marcusm

Dublin agents standard reletting fees are around 5% plus any void period plus any damage.

Robbie: advise the tenant to find his own replacement and there will not be any grounds for retaining the deposit. It can ony be retained to offset the landlord's loss. No loss, no retention.

(can I get a free pizza?)

Victor

edellc wrote: »

I take it your a landlord :rolleyes:

Play nice.