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Can I get my deposit back?

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  • 03-12-2012 5:49pm
    #1
    HairyJim
    Registered Users Posts: 38 ✭


    Hi, I'll keep this short and sweet. My friend and I rented a house last September and the deposit was 200. My friend signed a lease, I did not (wasn't asked). We're paying the landlord tomorrow for this coming month and telling him we're moving out, so that'd be the last payment. Can we get our deposits back? Thanks for the help.


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    #2
    aN.Droid
    Closed Accounts Posts: 1,911 ✭✭✭aN.Droid


    How long is the lease for? If the lease is for longer than you have stayed including your notice period then I doubt you will get your deposit back.


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    #3
    HairyJim
    Registered Users Posts: 38 ✭HairyJim


    Limericks wrote: »
    How long is the lease for? If the lease is for longer than you have stayed including your notice period then I doubt you will get your deposit back.
    I don't know mate because I didn't sign the lease mate but I was still paying rent. What if you didn't sign it, then there is no contract?


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    #4
    areyawell
    Banned (with Prison Access) Posts: 1,435 ✭✭✭areyawell


    Landlord usually takes whatevers due on ESB, Gas, Sky, Broadband etc from the deposit. If anything is broken in the house or damaged in any way they ysually take that from the deposit as well. its Hard to get a deposit back, especially a 200 euro one!


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    #5
    HairyJim
    Registered Users Posts: 38 ✭HairyJim


    areyawell wrote: »
    Landlord usually takes whatevers due on ESB, Gas, Sky, Broadband etc from the deposit. If anything is broken in the house or damaged in any way they ysually take that from the deposit as well. its Hard to get a deposit back!
    There is nothing broke and we pay gas, esb and everything else.


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    #6
    HairyJim
    Registered Users Posts: 38 ✭HairyJim


    Jeff_Lebowski wrote: »
    You need to find out if there is a lease - did your friend sign one?
    Yes he did sign something, I presume it was the lease, I wasn't there that day. I didn't sign it however. Thanks.


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


    By last September do you mean 2012 or 2011?

    You need to find out if it is a fixed term lease or not, and if it was a fixed term lease how long it was signed for.

    If you do not have a fixed term lease then you need to give written notice that you intend to vacate the property. If you started renting this year (2012) then you give 28 days notice. If you started renting in Sept 11 then you give 42 days notice. Assuming there are no deductions for damage, unpaid rent/bills etc then I dont see why you wouldnt get your deposit back.

    If you have a fixed term lease and the lease has not yet expired then you cannot just announce that you are leaving and expect your deposit back.


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    #8
    HairyJim
    Registered Users Posts: 38 ✭HairyJim


    djimi wrote: »
    By last September do you mean 2012 or 2011?

    You need to find out if it is a fixed term lease or not, and if it was a fixed term lease how long it was signed for.

    If you do not have a fixed term lease then you need to give written notice that you intend to vacate the property. If you started renting this year (2012) then you give 28 days notice. If you started renting in Sept 11 then you give 42 days notice. Assuming there are no deductions for damage, unpaid rent/bills etc then I dont see why you wouldnt get your deposit back.

    If you have a fixed term lease and the lease has not yet expired then you cannot just announce that you are leaving and expect your deposit back.
    Alright man thanks for the information, I don't know if it's fixed or not because I didn't sign it. Would I get the deposit back because I didn't agree to anything? Cheers.


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    #9
    quietsailor
    Registered Users Posts: 1,428 ✭✭✭quietsailor


    HairyJim wrote: »
    Alright man thanks for the information, I don't know if it's fixed or not because I didn't sign it. Would I get the deposit back because I didn't agree to anything? Cheers.

    "You" won't get anything back at all as "You" didn't sign anything. I'm not being sarcastic here but you literally don't exist as a tenant in that house. What you did was sublet off the main tenant - your mate that signed the lease - so for ffs don't argue with him as the landlord will be giving him the deposit back and not you.

    As for how much of the deposit is returned - it depends on whether he (your mate) has given the correct notice period - part 4 tenancy or even if you can give notice at all - fixed term tenancy.

    If it's fixed term and ye leave before the term is fully up kiss the deposit goodbye


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    #10
    Agent J
    Registered Users Posts: 1,909 ✭✭✭Agent J


    HairyJim wrote: »
    Alright man thanks for the information, I don't know if it's fixed or not because I didn't sign it. Would I get the deposit back because I didn't agree to anything? Cheers.

    A lease can still exist even if you didn't sign anything. You are basically a part 4 tenancy (Unless you were paying your rent to your mate & not the Landlord).

    You have to give the proper notice & leave the place in a fit state. Then you'd be entitled to your deposit back.


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