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Returning deposit when one person moves out

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  • 22-05-2016 2:25pm
    #1
    Bluebells1
    Closed Accounts Posts: 9 ✭


    I have a couple renting my house past 4 and a half years. She is moving out to study abroad but he wants to stay. She originally moved in and paid full deposit. She is now looking for deposit back. Do I have to give it to her or should he? Also is this the start of a brand new tenancy? Thanks


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    #2
    looksee
    Registered Users Posts: 28,511 ✭✭✭✭looksee


    'They' paid the deposit. One of them is still there, the house is still occupied and presumably he will be paying the same rent. It is not your concern where one of them is going. What happens if she changes her mind and comes back? If some of her belongings are in the house then she is still living there.

    I suppose the correct solution would be for both of them to move out (including all their stuff), do a 'condition of the house' check, and you repay the deposit. He then sets up a new contract with you, pays the full deposit and moves back in.


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    #3
    callaway92
    Registered Users Posts: 14,713 ✭✭✭✭callaway92


    If they both paid separate deposits (for rooms) for the house then of course her deposit should be returned in full to her. If the house is rented as a whole and it was only one deposit in total then it's up to the couple if the man gives the women "her half".

    It would not be the start of a brand new tenancy for the person still in the house if he is still paying the same rent for his room/the whole house.


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    #4
    hytrogen
    Registered Users Posts: 952 ✭✭✭hytrogen


    Bluebells1 wrote:
    She originally moved in and paid full deposit. She is now looking for deposit back. Do I have to give it to her or should he?
    Just to clarify did he move in and co-sign a lease with her at the same time?


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    #5
    Bluebells1
    Closed Accounts Posts: 9 ✭Bluebells1


    Both names are on the lease. Thanks for your help


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    #6
    newacc2015
    Closed Accounts Posts: 2,379 ✭✭✭newacc2015


    Bluebells1 wrote: »
    Both names are on the lease. Thanks for your help

    I would tell her to get the deposit off him. If you gave the deposit back to her, you will have to get a deposit off him as you are missing half of the deposit ie you should have a full months rent as a deposit. It is easier and makes more sense if she gets the deposit off him


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    #7
    whomitconcerns
    Registered Users Posts: 4,364 ✭✭✭whomitconcerns


    Not your problem. One lease, one tenancy, one deposit


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