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Entitled to deposit?

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  • 07-05-2012 5:25pm
    #1
    Arawn
    Registered Users Posts: 3,158 ✭✭✭


    Moved in with two lads on a fas course, they both moved half way through the lease leaving me with the rent to pay on my own and bills as it was all in my name, moving out next month, are they entitled to their deposits back??? Preferred answer is no btw!:D


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    #2
    fasttalkerchat
    Registered Users Posts: 5,652 ✭✭✭fasttalkerchat


    Arawn wrote: »
    Moved in with two lads on a fas course, they both moved half way through the lease leaving me with the rent to pay on my own and bills as it was all in my name, moving out next month, are they entitled to their deposits back??? Preferred answer is no btw!:D

    If they owe you more than the deposit then keep it!


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    #3
    Arawn
    Registered Users Posts: 3,158 ✭✭✭Arawn


    Well by the time i pay off the last of the rent and bills I'll of definately covered bith their deposits since they moved out, so they're not entitled to get it back as I've had to cover their parts of the rent?


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    #4
    Merch
    Closed Accounts Posts: 3,327 ✭✭✭Merch


    Id say no,
    more so if they agreed/it was the agreement to stay a year? did they?

    Have they asked? how long before the lease ended did they bale out?


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    #5
    Arawn
    Registered Users Posts: 3,158 ✭✭✭Arawn


    6 month lease gone after the third month. One mentioned it when he was moving out, he tried to get me to give him his deposit then and i told him to piss off


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    #6
    Merch
    Closed Accounts Posts: 3,327 ✭✭✭Merch


    You haven't said if they agreed to stay the full term at the start?
    If they did fine,
    if not?? maybe, the thing is the lease is in your name.
    Did you look for others to share in the interim?


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    #7
    Arawn
    Registered Users Posts: 3,158 ✭✭✭Arawn


    the lease is in all 3 of our names so that would mean yes they meant to stay the full term


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    #8
    Merch
    Closed Accounts Posts: 3,327 ✭✭✭Merch


    Well if the lease is in all three names, possibly. At the start you mentioned it was all in your name?
    Did you get someone else in to stay the duration to help cover costs?


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    #9
    Arawn
    Registered Users Posts: 3,158 ✭✭✭Arawn


    all bills are in my name as I got sick waiting for them to sort **** out which they never were bothered to.

    Nope have had nobody move in with me


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    #10
    Merch
    Closed Accounts Posts: 3,327 ✭✭✭Merch


    well are you out of pocket? if so, Id keep the deposits
    if not, Id consider the inconvenience to you, how did you manage to pay the balance?


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    #11
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    If the lease is in all of your names then you are all equally liable for rent and the deposit. Unless you have signed something different with the landlord, the three of you as a unit pay the deposit and rent, and if two people leave then the remaining person is still responsible for the full rent. Likewise, if two people leave early then its up to the remaining person as to how to handle the deposit; the remaining person will get the full deposit back when they leave, so they can either pay the leaving tenants their share when they leave (and potentially be out of pocket for any deductions that might be incurred), or they can divide the deposit out at the end of the tenancy period, and those that left early can do without until such a time that the landlord gives the deposit back.

    Bear in mind that if you as the remaining tenant also breaks the lease early then noone will be getting their deposit back unless the lease specifically allows for an early release from the lease.


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    #12
    Arawn
    Registered Users Posts: 3,158 ✭✭✭Arawn


    Merch wrote: »
    well are you out of pocket? if so, Id keep the deposits
    if not, Id consider the inconvenience to you, how did you manage to pay the balance?
    Well the fact that I've had to pay their portion of the rent since they moved out would make me think that I am out of pocket??
    djimi wrote: »
    If the lease is in all of your names then you are all equally liable for rent and the deposit. Unless you have signed something different with the landlord, the three of you as a unit pay the deposit and rent, and if two people leave then the remaining person is still responsible for the full rent. Likewise, if two people leave early then its up to the remaining person as to how to handle the deposit; the remaining person will get the full deposit back when they leave, so they can either pay the leaving tenants their share when they leave (and potentially be out of pocket for any deductions that might be incurred), or they can divide the deposit out at the end of the tenancy period, and those that left early can do without until such a time that the landlord gives the deposit back.

    Bear in mind that if you as the remaining tenant also breaks the lease early then noone will be getting their deposit back unless the lease specifically allows for an early release from the lease.
    so you're saying they are entitled to their deposit back after breaking the lease?


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


    Arawn wrote: »
    so you're saying they are entitled to their deposit back after breaking the lease?


    Im saying the lease isnt technically broken while you still live there. If you remain there for the full 6 months then you get the deposit back. How you choose to handle them moving out early is up to you; you can either pay them their share out of your own pocket and hope that you get it all back from the landlord at the end of the tenancy, or you can wait until you move out and then divide what you get back between the three of you.

    If you also leave early then the lease will be broken, and chances are none of you will get anything back.


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    #14
    Merch
    Closed Accounts Posts: 3,327 ✭✭✭Merch


    It seems you have decided to keep it, and it looks like you are justified, I probably would myself as the others have left early.
    If you didnt/couldnt get someone else in and you had to pay then that seems fair enough,
    is the landlord returning the full deposit or are there deductions?
    Why is this coming up? have the people that used to live there contacted you and asked for their deposit? how well did you know them?


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    #15
    Arawn
    Registered Users Posts: 3,158 ✭✭✭Arawn


    djimi wrote: »
    Im saying the lease isnt technically broken while you still live there. If you remain there for the full 6 months then you get the deposit back. How you choose to handle them moving out early is up to you; you can either pay them their share out of your own pocket and hope that you get it all back from the landlord at the end of the tenancy, or you can wait until you move out and then divide what you get back between the three of you.

    If you also leave early then the lease will be broken, and chances are none of you will get anything back.
    But they're definately due money? I can't just go ffeck ye i used it for the rent ye agreed to pay in the lease but didn't?


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    #16
    Merch
    Closed Accounts Posts: 3,327 ✭✭✭Merch


    I wouldn't take this as advice, they are just opinions.


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    #17
    Arawn
    Registered Users Posts: 3,158 ✭✭✭Arawn


    I know that just looking for a general concensus tbh


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    #18
    Merch
    Closed Accounts Posts: 3,327 ✭✭✭Merch


    agreement here means nothing


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    #19
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Arawn wrote: »
    But they're definately due money? I can't just go ffeck ye i used it for the rent ye agreed to pay in the lease but didn't?

    That's up to you. Assuming you stay the duration of the lease then you'll get the deposit back; how/if you split it to give it back is your decision. If it was me I wouldn't give them back anything; as you say you're left to cover the full rent while they are gone.


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    #20
    ted1
    Registered Users Posts: 23,521 ✭✭✭✭ted1


    Did they give the place a thorough cleaning before they left. It'd be a shame if the landlord kept their part of the deposit to cover the costs of the cleaning they didn't do.


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    #21
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    djimi wrote: »
    Im saying the lease isnt technically broken while you still live there. If you remain there for the full 6 months then you get the deposit back. How you choose to handle them moving out early is up to you; you can either pay them their share out of your own pocket and hope that you get it all back from the landlord at the end of the tenancy, or you can wait until you move out and then divide what you get back between the three of you.

    If you also leave early then the lease will be broken, and chances are none of you will get anything back.
    Originally Posted by Arawn
    But they're definately due money? I can't just go ffeck ye i used it for the rent ye agreed to pay in the lease but didn't?
    As the three of you signed the lease, you are "jointly and severally" liable to the landlord for the rent. The landlord may pursue any of you individually or all of you collectively for the rent. You have maintained your side of the bargain by paying the landlord.

    Your two "mates" have not held to the contract and broken it by leaving early. You could pursue them for their parts of the rent - either by keeping their portion of the deposit or though the courts if the rent exceeds the deposit (in this case it is not a tenant - landlord issue so not through the PRTB).

    They should have assigned their part of the lease (with the landlord's permission) and they should have found the new tenants at their own expense to replace themselves. They have failed to do this in accordance with the provisions in the Residential tenancies Act 2004 which provides a "get-out" clause for tenants who want to break their lease agreement early.


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