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Deposit / Rent

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  • 07-05-2013 5:55pm
    #1
    terencemc
    Registered Users Posts: 531 ✭✭✭


    Hi, My friend has been renting an apartment for 8 months and has a 1 year contract. She informed her letting agent that she is moving out. They told her that they would have to take the deposit (1 months rent) despite the fact she gave them 1 month's notice...
    I haven't seen her lease so don't know the specifics but thought that if you stayed in a place for a reasonable amount of time you would be entitled to a refund?

    Any comments appreciated.


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    #2
    hfallada
    Closed Accounts Posts: 4,180 ✭✭✭hfallada


    No a years lease is a years lease. She agreed to let the apartment for 12 months but only stayed for 8 months( I imagine she is a student and was only planning to stay for 8 months at the start). The letting agent may have gotten someone for the entire year but choose your friend thinking she would be there for the year

    She is not entitled to her deposit back.


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    #3
    the world wonders
    Registered Users Posts: 489 ✭✭the world wonders


    hfallada wrote: »
    She is not entitled to her deposit back.
    If she can find another tenant acceptable to the landlord to assign the lease to, she is entitled to her deposit back. Otherwise she is out of luck.


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    #4
    Scortho
    Closed Accounts Posts: 3,876 ✭✭✭Scortho


    terencemc wrote: »
    Hi, My friend has been renting an apartment for 8 months and has a 1 year contract. She informed her letting agent that she is moving out. They told her that they would have to take the deposit (1 months rent) despite the fact she gave them 1 month's notice...
    I haven't seen her lease so don't know the specifics but thought that if you stayed in a place for a reasonable amount of time you would be entitled to a refund?

    Any comments appreciated.

    Your friend could also be liable for any outstanding rent if the landlord is left out of pocket.


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    #5
    valleyoftheunos
    Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    If someone signs a lease for a year they are liable to pay the rent for a year, no notice or "reasonable period" can change that.


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    #6
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    valleyoftheunos wrote: »
    If someone signs a lease for a year they are liable to pay the rent for a year, no notice or "reasonable period" can change that.

    Thats not strictly true. If you break a lease then you a liable to pay rent while the property remains empty, however the landlord must make a reasonable effort to mitigate their loss. They cant just leave the place empty for a period of months while making no effort to re-let, and then try and persue the tenant for the rent for the months that the place was empty.


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


    terencemc wrote: »
    Hi, My friend has been renting an apartment for 8 months and has a 1 year contract. She informed her letting agent that she is moving out. They told her that they would have to take the deposit (1 months rent) despite the fact she gave them 1 month's notice...
    I haven't seen her lease so don't know the specifics but thought that if you stayed in a place for a reasonable amount of time you would be entitled to a refund?

    Any comments appreciated.

    Your friend really needs to go and read up on tenancy law and tenants obligations; Citizens Information is a good place to start. Its is extremely naive to think that you can sign a years lease and then walk away after 8 months becuase they have been there for a "reasonable amount of time".


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    #8
    valleyoftheunos
    Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    djimi wrote: »
    Thats not strictly true. If you break a lease then you a liable to pay rent while the property remains empty, however the landlord must make a reasonable effort to mitigate their loss. They cant just leave the place empty for a period of months while making no effort to re-let, and then try and persue the tenant for the rent for the months that the place was empty.

    yes you are correct however the point I was getting at it that upon signing a lease you assume liability for 12 months, that liability can be abated by the Landlord's mitigation but not by notice or period actually spent in the property.

    On a separate note, I find the frequency that this question comes up on this forum concerning, do people not understand what they are signing up to? Do they not try and find out? Even worse, why are EAs and LLs not explaining things to them?


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    #9
    the groutch
    Closed Accounts Posts: 16,096 ✭✭✭✭the groutch


    OP, your friend would be liable for any loss of income as a result of leaving, ie. rent for the period it's left vacant, and possibly costs involved in finding a new tenant, as well as any the costs of any damage caused to the property during her tenancy (beyond normal wear and tear).
    it's unlikely tbh for there to be anything left from the deposit to reimburse him/her, and should just be glad that there is enough of a demand for rentals at the moment that it should be re-rented quickly, if the landlord wasnt able to find a tenant he could theoretically pursue your friend for the last 3 months rent too.


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