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Subletting and getting deposit back

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  • 25-07-2013 5:39pm
    #1
    take everything
    Registered Users Posts: 9,806 ✭✭✭


    Hi
    My brother and his girlfriend want to move out before their 12 month lease is up. (The landlady is intolerable and totally unreasonable). Is it possible for them to get their deposit back if they advertise the apartment and someone agrees to move in.

    Thanks.


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    #2
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Yes they can look to assign the remainder of their lease (not sublet). More information here: http://www.threshold.ie/advice/ending-a-tenancy/assignment-and-subletting/


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    #3
    Baby01032012
    Registered Users Posts: 1,622 ✭✭✭Baby01032012


    Depends on conditions set out on the lease. A standard lease you would need permission of the landlord before you could sublet. You will still be the primary leasee and responsible for the apartment up to the end of the lease term. If landlord agrees to sublet you can take deposit from new tenants who will then receive their deposit back from landlord at end of term.


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    #4
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    You do not want to sublet in this situation. Subletting means that you are still tied to the property and are responsible for the new tenants until the lease expires. Hassle that you do not need.

    Reassigment means that someone body else takes over the remainder of the lease and you wash your hands of it.


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    #5
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    djimi wrote: »
    You do not want to sublet in this situation. Subletting means that you are still tied to the property and are responsible for the new tenants until the lease expires. Hassle that you do not need.

    Reassigment means that someone body else takes over the remainder of the lease and you wash your hands of it.
    Spot on, djimi. I do believe that you have grasped what a sub-let is.

    Assignment is what the tenants should be doing, but this also requires the permission of the landlord - and if he refuses permission than the tenant is free to leave and retain their deposit, after a valid notice of termination.


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    #6
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    odds_on wrote: »
    Spot on, djimi. I do believe that you have grasped what a sub-let is.

    Assignment is what the tenants should be doing, but this also requires the permission of the landlord - and if he refuses permission than the tenant is free to leave and retain their deposit, after a valid notice of termination.

    Providing reasonable reasonable replacement tenants have been sourced by the current tenants. Simply walking out in the street and nabbing 2 people and getting them to sign on the dotted line- isn't acceptable. Its actually very difficult to get replacement tenants- there tends to be very little in it for them- unless of course you offer them a significant discount on the rental rates.


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    #7
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    The_Conductor wrote: »
    Providing reasonable reasonable replacement tenants have been sourced by the current tenants. Simply walking out in the street and nabbing 2 people and getting them to sign on the dotted line- isn't acceptable. Its actually very difficult to get replacement tenants- there tends to be very little in it for them- unless of course you offer them a significant discount on the rental rates.
    Agreed about the new tenants, they must fulfill the landlord's criteria as regards vetting them.

    There wiil be some people who would like to "try out" a property / landlord without the disadvantage of having to sign a 1 year lease - a lot depends on how long remains for the lease to run.

    If the outgoing tenant offers a discounted rent then he must make up the short fall so the landlord is not at a loss.


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