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tenant leaves - keep deposit

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245

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    #32
    eurokev
    Registered Users Posts: 969 ✭✭✭eurokev


    siobhan08 wrote:
    The student left before the agreed time and gave hardly any notice giving the landlord no chance to approve the potentially new tenant or check for any damages


    There could be extenuating circumstances. Just tell her give the deposit back and don't be an a.hole , you could end up creating a hell of a lot of trouble for yourself with someone by keeping the deposit.


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    #33
    siobhan08
    Closed Accounts Posts: 443 ✭✭siobhan08


    eurokev wrote: »
    There could be extenuating circumstances. Just tell her give the deposit back and don't be an a.hole , you could end up creating a hell of a lot of trouble for yourself with someone by keeping the deposit.

    without going into details the reason they gave for moving out would not be considered extenuating circumstances


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    #34
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    eurokev wrote: »
    There could be extenuating circumstances. Just tell her give the deposit back and don't be an a.hole , you could end up creating a hell of a lot of trouble for yourself with someone by keeping the deposit.

    There might not be extenuating circumstances. It's entirely possible the tenant just thought feck the rest of the house I've found something else. It's not at all unusual in student houses.


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    #35
    q85dw7osi4lebg
    Closed Accounts Posts: 3,502 ✭✭✭q85dw7osi4lebg


    Keep it.


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    #36
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Stevie Beautiful Pun wrote: »
    Keep it.

    I don't think it's even a case of keeping it. Tenancy hasn't ended, it's not due to be returned.


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    #37
    SteM
    Registered Users Posts: 6,726 ✭✭✭SteM


    siobhan08 wrote: »
    so basically if the new tenant does move in, they should give their deposit to the outgoing tenant and the deposit that they landlord has would then become the new tenants. would that be right?

    This is what should happen but your friend has to be fair to the new tenant. At the moment it sounds like your friend wants to keep the deposit. If the new tenant is paying the old tenant the deposit and the new tenant has no chance of getting that back from your friend at the end of the tenancy then they should be told that up front.


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    #38
    q85dw7osi4lebg
    Closed Accounts Posts: 3,502 ✭✭✭q85dw7osi4lebg


    Graham wrote: »
    I don't think it's even a case of keeping it. Tenancy hasn't ended, it's not due to be returned.

    Agreed.


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    #39
    siobhan08
    Closed Accounts Posts: 443 ✭✭siobhan08


    SteM wrote: »
    This is what should happen but your friend has to be fair to the new tenant. At the moment it should like your friend wants to keep the deposit. If the new tenant is paying the old tenant the deposit and the new tenant has no chance of getting that back from your friend at the end of the tenancy then they should be told that up front.

    if the new tenant gives the old tenant the deposit and causes no damage and stays the full agreed time. There would be no justification for the landlord not returning the deposit they have to the new tenant


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    #40
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    siobhan08 wrote: »
    There would be no justification for the landlord not returning the deposit they have to the new tenant

    Exactly

    (at the end of the tenancy, when they all move out)


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    #41
    SteM
    Registered Users Posts: 6,726 ✭✭✭SteM


    siobhan08 wrote: »
    if the new tenant gives the old tenant the deposit and causes no damage and stays the full agreed time. There would be no justification for the landlord not returning the deposit they have to the new tenant

    Given your very first question then it seems like your friend (or you maybe?) is thinking that she gets to keep the deposit because of lack of notice. She can't let the tenants sort it out amongst themselves and then keep the deposit, that's my point.


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    #42
    Sarn
    Registered Users Posts: 3,082 ✭✭✭Sarn


    I would be of the view that the initial deposit remains untouched. The replacement tenant can provide the deposit to the student that is leaving.

    If the other tenants were smart they would identify any issues that could affect the deposit now as they will suffer the loss at the end of the tenancy and not the one that leaves now.


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    #43
    siobhan08
    Closed Accounts Posts: 443 ✭✭siobhan08


    SteM wrote: »
    Given your very first question then it seems like your friend (or you maybe?) is thinking that she gets to keep the deposit because of lack of notice. She can't let the tenants sort it out amongst themselves and then keep the deposit, that's my point.

    They were not sure and it was a question, the information recieved has given clarification of what needs to be done


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    #44
    Guffy
    Registered Users Posts: 8,086 ✭✭✭Guffy


    siobhan08 wrote: »
    without going into details the reason they gave for moving out would not be considered extenuating circumstances

    Tbh it sounds like the LL is just trying to pocket this tennants deposit. I hope they do and it gets dragged through prtb.

    You have said that the tennant has found a replacement. I don't see what the issue is here. There is no loss of rent at all. Either give the deposit back or get the new tennant to give the old one the deposit in lue of the original deposit.


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    #45
    siobhan08
    Closed Accounts Posts: 443 ✭✭siobhan08


    if the new tenant does not move in. The landlord would then be able to take the deposit and the remaining tenants would be liable for the short fall.
    Would that be right ?


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    #46
    siobhan08
    Closed Accounts Posts: 443 ✭✭siobhan08


    gufc21 wrote: »
    Tbh it sounds like the LL is just trying to pocket this tennants deposit. I hope they do and it gets dragged through prtb.

    You have said that the tennant has found a replacement. I don't see what the issue is here. There is no loss of rent at all. Either give the deposit back or get the new tennant to give the old one the deposit in lue of the original deposit.

    not the case at all. they were looking for some infomation which is what they have been provided with.
    They will be informing the out going tenant that if they want their desposit back they will have to get it from the incoming tenant.


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    #47
    _Jamie_
    Closed Accounts Posts: 603 ✭✭✭_Jamie_


    If the replacement moves in straight away with rent and deposit in hand, then there is no shortfall so I can't see any reason to hold on to any of the deposit of the departing tenant, assuming of course that the departing tenant caused no damage.


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    #48
    exaisle
    Registered Users Posts: 2,675 ✭✭✭exaisle


    eurokev wrote: »
    The student found a replacement, give him/her their deposit back.

    No. Keep the deposit. The new tenant can pay the amount of the deposit to the one moving out. It just means that there's a change of personnel on the "lease".


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    #49
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    The landlord should inspect the room and the house and if there's no damage to that or the house then return the deposit to the original tenant.

    It's really inadvisable for the new tenant to hand over the deposit to the departing tenant. They have no idea what damage may have been done to the property and could end up losing their deposit through no fault of their own.


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    #50
    davindub
    Registered Users Posts: 1,447 ✭✭✭davindub


    siobhan08 wrote: »
    if the new tenant does not move in. The landlord would then be able to take the deposit and the remaining tenants would be liable for the short fall.
    Would that be right ?

    All the tenants including the departing tenant are responsible for the rent. A new person coming in assumes the responsibility of the previous tenant including any deposit issues.

    You might want to consider telling the current tenants to collect the deposit from the new person and to use this to cover the shortfall in rent. That way they can pay the remainder to the departing tenant if anything is due. Also it would be a good idea to arrange a inspection of the property to give an indication of any damages to the tenants, at least if the departing tenant caused damages it can be taken into consideration.

    This way the new person moving in will not be paying a deposit to the departing tenant even some of the deposit will be used to recover lost rent. The above is not subject to RTB, it is between the tenants.


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    #51
    Bob Z
    Registered Users Posts: 2,587 ✭✭✭Bob Z


    Does the new tenant definitely exist?


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    #52
    siobhan08
    Closed Accounts Posts: 443 ✭✭siobhan08


    Bob Z wrote: »
    Does the new tenant definitely exist?

    That's the million dollar question. no details have been passed on so the LL is a bit sceptical.

    If there is no new tenant. Is the LL able to keep hold of the tenant's deposit and hold the remaining tenants liable for the full monthly rent split between them?


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    #53
    James 007
    Registered Users Posts: 962 ✭✭✭James 007


    siobhan08 wrote: »
    That's the million dollar question. no details have been passed on so the LL is a bit sceptical.

    If there is no new tenant. Is the LL able to keep hold of the tenant's deposit and hold the remaining tenants liable for the full monthly rent split between them?

    Your tenancy agreement should answer that question. Unfortunately your friend does not seem to have a detailed one and now the other tenants may not be happy with this. If its rented out as a unit, the lease should also state how loss of rent is covered, correct us otherwise if incorrect.


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    #54
    siobhan08
    Closed Accounts Posts: 443 ✭✭siobhan08


    James 007 wrote: »
    Your tenancy agreement should answer that question. Unfortunately your friend does not seem to have a detailed one and now the other tenants may not be happy with this. If its rented out as a unit, the lease should also state how loss of rent is covered, correct us otherwise if incorrect.

    The agreement that was signed stated the amount of monthly rent for the entire unit. The tenants split the rent in a way that they wanted. Nothing was stated on how the loss of rent would be covered.


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    #55
    James 007
    Registered Users Posts: 962 ✭✭✭James 007


    Temporarily withhold deposit until:
    1. Your friend should inspect the room in the current tenants presence to ensure no damage etc.
    2. Sort out any owed bills etc.
    3. Interview the new tenant, find out age/course details etc.
    4. Have a discussion with the other tenants and ensure they have met the new tenant too, and are happy with the tenant.
    5. Revise lease
    6. Ensure also keys are handed over to new tenant

    I dont know if your friend should be able to charge travel costs, however if not prtb registered and no damage done, and new tenant okay then I would be inclined to hand back deposit then. Ensure everything is above board first.

    Of course always a risk now of this tenant not getting on with the others (the group).


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    #56
    antoinolachtnai
    Registered Users Posts: 9,793 ✭✭✭antoinolachtnai


    I would not return deposit until end of the tenancy.

    There is an extremely narrow range of situations where a deduction may be made from the deposit.

    I don't see what difficulty there is in relation to who should bear the loss for the vacant period. The joint tenants are clearly liable for this loss. They are each responsible for the entire rent.


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    #57
    siobhan08
    Closed Accounts Posts: 443 ✭✭siobhan08


    James 007 wrote: »
    Temporarily withhold deposit until:
    1. Your friend should inspect the room in the current tenants presence to ensure no damage etc.
    2. Sort out any owed bills etc.
    3. Interview the new tenant, find out age/course details etc.
    4. Have a discussion with the other tenants and ensure they have met the new tenant too, and are happy with the tenant.
    5. Revise lease
    6. Ensure also keys are handed over to new tenant

    I dont know if your friend should be able to charge travel costs, however if not prtb registered and no damage done, and new tenant okay then I would be inclined to hand back deposit then. Ensure everything is above board first.

    Of course always a risk now of this tenant not getting on with the others (the group).

    they are PTRB registered.

    Thats all a bit difficult now the they are all on holiday for christmas so not there and will unlikely to be back full time until the end of Jan.


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    #58
    James 007
    Registered Users Posts: 962 ✭✭✭James 007


    siobhan08 wrote: »
    The agreement that was signed stated the amount of monthly rent for the entire unit. The tenants split the rent in a way that they wanted. Nothing was stated on how the loss of rent would be covered.

    If thats the case, then she wont be able to charge other tenants for loss of rent. I would temporarily withhold deposit until new tenant is in place. Let her wait for it considering she gave no notice, however make it clear to this tenant too. You need to find out is there a tenant first.


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    #59
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    James 007 wrote: »
    If thats the case, then she wont be able to charge other tenants for loss of rent.

    As long as they come up with the entire rent as per the original agreement.


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    #60
    siobhan08
    Closed Accounts Posts: 443 ✭✭siobhan08


    James 007 wrote: »
    If thats the case, then she wont be able to charge other tenants for loss of rent. I would temporarily withhold deposit until new tenant is in place. Let her wait for it considering she gave no notice, however make it clear to this tenant too. You need to find out is there a tenant first.

    Why would that be went they all agreed to the monthly rent before renting? The LL never mentioned anything and seperate prices for each room. The tenants decided how to split the rent between so that the full rent would be covered.


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    #61
    James 007
    Registered Users Posts: 962 ✭✭✭James 007


    siobhan08 wrote: »
    they are PTRB registered.

    Thats all a bit difficult now the they are all on holiday for christmas so not there and will unlikely to be back full time until the end of Jan.

    Well if they all moved in as a group, then they know each other, then its in the best interest to the tenant moving out that they all get their asses up to dublin on a date when the new tenant can attend an interview and sign off the revised lease.

    Has the moving out tenant indicated when the new tenant will want the room from. Are they willing to let from 1st of Jan even though they may not want it until they return to college mid to late Jan. These are all Q's that need to be answered before a return of the deposit.


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