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Return of Deposit

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  • 24-06-2013 1:23pm
    #1
    hurlsey
    Registered Users Posts: 256 ✭✭


    Howya Lads,
    Just looking for a quick bit of advice,

    Myself and my housemate moved in to a house at the start of April, we paid €1800, €900 rent and €900 deposit. My housemate decided in the middle of this month that he no longer wanted to live there anymore as he couldn't afford it. We've given 6 weeks notice till the end of July, i gave the notice as hes pretty much left it up to me to wrap up the house. I informed the landlord that it was due to the fact i couldnt find another tenant to share with and cannot afford it on my own. My former housemate has resigned himself to the fact hes not getting his deposit back.

    Im just wondering, the house being clean and tidy throughout, am i entitled to my deposit back?

    Any questions welcome, just looking for some advice, i dont really care for my former housemates half, ive informed the landlord im only interested in my €450 and my former housemate can chase his own money since essentially hes broken the lease!!


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    #2
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    from your last sentence it seems there's a lease, if there's a lease then your bound by the terms of it. Assuming you have no two month break clause (which there's no chance you do) then you need to pay the rent for the term of the lease or to find somebody to reassign the lease to.

    If you don't then the landlord is entitled to use the deposit to cover any rental shortfall whilst he looks for a new tenant. To the point he is legally entitled to chase you for any other monies that might be due.

    So either find somebody to reassign the lease to or wave bye bye to your deposit.

    P.S You housemate isn't breaking the lease. You are BOTH breaking it. Your jointly and severely libel for it if you both signed it.


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    #3
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    Entitled, no. But check with your landlord that if you got someone to move in straight after you leave, will you get the deposit back?


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    #4
    hurlsey
    Registered Users Posts: 256 ✭✭hurlsey


    D3PO wrote: »
    from your last sentence it seems there's a lease, if there's a lease then your bound by the terms of it. Assuming you have no two month break clause (which there's no chance you do) then you need to pay the rent for the term of the lease or to find somebody to reassign the lease to.

    If you don't then the landlord is entitled to use the deposit to cover any rental shortfall whilst he looks for a new tenant. To the point he is legally entitled to chase you for any other monies that might be due.

    So either find somebody to reassign the lease to or wave bye bye to your deposit.

    P.S You housemate isn't breaking the lease. You are BOTH breaking it. Your jointly and severely libel for it if you both signed it.

    oh of course theres a lease. ill have to dig it up to check over it again, we were dealing directly with the landlord no letting agent lease looks like he just printed it straight off the internet to be honest!! We will have paid up until the end of the notice, Julys rent goes out next week!!


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    #5
    hurlsey
    Registered Users Posts: 256 ✭✭hurlsey


    the_syco wrote: »
    Entitled, no. But check with your landlord that if you got someone to move in straight after you leave, will you get the deposit back?

    In my notice i informed the landlord that if he wished to arrange viewings to get another tenant in throughout July to let me know!! obviously this would be the best outcome as hes not out of pocket and id stand a better chance of getting my money back!!


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


    Just to be clear, there is no notice; you cannot give notice and leave a fixed term lease and expect to have your deposit returned.

    The only option for you at this point is to reassign the lease to another party. This means you find another tenant to take over the lease, you are responsible for all costs and any shortfall in rent should the new tenant end up paying less than you were. Short of goodwill from the landlord, this is the only way that you are going to get your deposit returned to you.

    If the landlord took the lease off the internet then there might be a 6 month break clause in it. Have a read of it and see what is says.


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    #7
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    djimi wrote: »
    If the landlord took the lease off the internet then there might be a 6 month break clause in it. Have a read of it and see what is says.

    There only there 2 months so makes no difference.


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    #8
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    D3PO wrote: »
    There only there 2 months so makes no difference.

    It might be easier to ride out 4 months to the break clause if necessary than 10 months to the end of the lease.


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    #9
    hurlsey
    Registered Users Posts: 256 ✭✭hurlsey


    ill be there 4 months by the time i leave, i should be clear that even though im leaving its not my choice, my housemate said he would be here for the twelve months, i have tried to find a alternative tenant!! i have also told the landlord that if he wished to arrange viewings whilst im still in the house, i can make myself scarce!!


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    #10
    Engine No.9
    Registered Users Posts: 1,128 ✭✭✭Engine No.9


    hurlsey wrote: »
    ill be there 4 months by the time i leave, i should be clear that even though im leaving its not my choice, my housemate said he would be here for the twelve months, i have tried to find a alternative tenant!! i have also told the landlord that if he wished to arrange viewings whilst im still in the house, i can make myself scarce!!

    You can also stay there if the landlord manages to only get one tenant to move in???


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    #11
    hurlsey
    Registered Users Posts: 256 ✭✭hurlsey


    yea that would also be a possibilty


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    #12
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    hurlsey wrote: »
    ill be there 4 months by the time i leave, i should be clear that even though im leaving its not my choice, my housemate said he would be here for the twelve months, i have tried to find a alternative tenant!! i have also told the landlord that if he wished to arrange viewings whilst im still in the house, i can make myself scarce!!

    Unfortunately neither of those will change the situation much. Why you need to break the lease early is irrelevant, and allowing him to arrange viewings, while it might sweeten him up a bit, does not change anything with regards his obligation to return your deposit. The only way you can leave early and expect to keep your deposit is to reassign the remainder of the lease as I have described above, and I would advise that you look into it and consider it.


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    #13
    hurlsey
    Registered Users Posts: 256 ✭✭hurlsey


    djimi wrote: »
    Unfortunately neither of those will change the situation much. Why you need to break the lease early is irrelevant, and allowing him to arrange viewings, while it might sweeten him up a bit, does not change anything with regards his obligation to return your deposit. The only way you can leave early and expect to keep your deposit is to reassign the remainder of the lease as I have described above, and I would advise that you look into it and consider it.

    That is fair enough not what i wanted to hear, but surely he would want to find alternative tenants himself?? obviously if im getting my deposit back by simply reassigning the lease its in my interest to get anybody in to take over it??


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    #14
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    hurlsey wrote: »
    That is fair enough not what i wanted to hear, but surely he would want to find alternative tenants himself?? obviously if im getting my deposit back by simply reassigning the lease its in my interest to get anybody in to take over it??

    The landlord is entitled to review and refuse a tenant if they dont meet the criteria they have for the tenant they want (ie if they wouldnt have rented to the person in the first place then they are under no obligation to rent to them now just because its the first person that you bring along).


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    #15
    hurlsey
    Registered Users Posts: 256 ✭✭hurlsey


    exactly so if hes going to have a final say on the tenant and have to turn up and meet them why not just have viewings??

    Anyway we've strayed a bit basically unless by some sort of good will from the landlord or if new tenants take over the lease im basically out of pocket thanks to my former housemate!!


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


    hurlsey wrote: »
    exactly so if hes going to have a final say on the tenant and have to turn up and meet them why not just have viewings??

    Anyway we've strayed a bit basically unless by some sort of good will from the landlord or if new tenants take over the lease im basically out of pocket thanks to my former housemate!!

    Thats the law Im afraid. You might suggest that he be there when you arrange a viewing with someone, but the gist of the law is that its up to the tenant to do the legwork and bear the expense in finding their replacement.


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    #17
    hurlsey
    Registered Users Posts: 256 ✭✭hurlsey


    thats fair enough, we, as tenants are breaking the lease, however theres not much i can do about it as my former housemate has decided he cant afford it!! its my housemate leaving me out of pocket really!!


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    #18
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    One of the unfortunate potential downsides of renting with other people. Could you maybe find someone else yourself to take over his part of the lease, rather than looking to reassign the entire lease.


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    #19
    MagicMarker
    Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    hurlsey wrote: »
    thats fair enough, we, as tenants are breaking the lease, however theres not much i can do about it as my former housemate has decided he cant afford it!! its my housemate leaving me out of pocket really!!

    Well, you could just get yourself a new housemate. I don't really believe for a second that "can't" find one.


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    #20
    hurlsey
    Registered Users Posts: 256 ✭✭hurlsey


    well im a single father, i could advertise but im not comfortable with having a perfect stranger as a housemate, my former housemate was a friend and we had been housemates for the last 2 years, not including the current lease...... all my other friends are in long term relationships and not in a position to move in!!


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