Issues with tenant leaving

beaner92

My girlfriend and her friend signed lease a year ago to a 2 bed apartment. It is due to be renewed on the 15th of march. However due to financial constraints, her friend has to move out. And My gf asked me to take over the lease with her thats totally fine.

We offered her friend the option to move out on the first or the 15th( the day the lease expires). He said the 1st is fine.


So Her friend has decided to move out on the first of march which is also fine. My gf and I have decided to share a room And sublet the other room. And the new tenant is due to move in on the first. And has paid rent and is waiting on his current letting agency to return his deposit, at which point we are fine to give the deposit back to the guy who is leaving.


If you are still reading , heres where is gets messy. The guy who is moving out on the 1st has said to us he needs the deposit back the day he leaves in order to pay the deposit for his new apartment. I said to him, once we get the deposit from the new tenant we will give it to you. Otherwise call the letting agency.


And he says well if he doesn't get it back he will be keeping the keys to the house. This really annoyed me.

I have given word to the letting agency if they gave him the deposit back we an top it up ourselves otherwise we will give it to him once received from the new occupant.

*We have also confirmed from the new occupant that he should have the deposit together by the time he moves in or within 4-5 days of that date.

What do you think ?

jameorahiely

I would think the deposit should be given back the day he moves out. Check for damage etc and return it that day.

syndrome777

the guy leaving have nothing to do with the guy you will be subletting, you/the agency/ll who ever, should give him his deposit back if nothing was broken and deal with new guy when he moves in.

Samuel T. Cogley

All perfectly reasonable. The delay in returning the deposit and him keeping the keys so long as he returns them once the deposit is paid over.

El_Duderino 09

Samuel T. Cogley wrote:

All perfectly reasonable. The delay in returning the deposit and him keeping the keys so long as he returns them once the deposit is paid over.

Ah here. It's normal for there to be a few days waiting for a deposit to. E returnef. Keys are always returned on the day the lease ends.

It's not normal to hold on to the keys after the end of the lease. They have zero right to the keys after the lease ends.

Samuel T. Cogley

El_Duderino 09 wrote: »

Ah here. It's normal for there to be a few days waiting for a deposit to. E returnef. Keys are always returned on the day the lease ends.

It's not normal to hold on to the keys after the end of the lease. They have zero right to the keys after the lease ends.

Leave it out, with the constant no return of deposits I'd be looking for some guarantee it wasn't going to take 6 weeks to check a room. If they want the keys back that day arrange to inspect the room that day.

beaner92

El_Duderino 09 wrote: »

Ah here. It's normal for there to be a few days waiting for a deposit to. E returnef. Keys are always returned on the day the lease ends.

It's not normal to hold on to the keys after the end of the lease. They have zero right to the keys after the lease ends.

Yes well this was my girlfriends argument. If we were all to leave on the first the letting agency will not give us the deposit for at least a week if not 2 . So he should relax.

Furthermore my girlfriend was living with this same guy and his boyfriend up until they broke up. And she decided to take on a lease with this guy. it took 6 months to get 75% of her deposit back. And this guy had the balls to tell her not to chase his ex down for the deposit. That he will pay her back.

jameorahiely

From what I gather from your post op you don't intend paying a deposit when you move in. You are waiting on the newer tenant to pay when he "gets it together"

What if he doesn't get it together?
What if it takes him longer to "get it together"?

What if he changes his mind about moving in?

newacc2015

Samuel T. Cogley wrote: »

All perfectly reasonable. The delay in returning the deposit and him keeping the keys so long as he returns them once the deposit is paid over.

Under the law, until the day you return the keys you are liable for the rent. The guy is entitled to keep the keys when he moves out, but OP tell the agent to deduct the few days rent from him

Irish tenants expect the deposit to be in an envelope the day they move out. I know from experience it only when you start to clean the room, etc that you notice damage, what needs replacing etc.

pilly

beaner92 wrote:

Furthermore my girlfriend was living with this same guy and his boyfriend up until they broke up. And she decided to take on a lease with this guy. it took 6 months to get 75% of her deposit back. And this guy had the balls to tell her not to chase his ex down for the deposit. That he will pay her back.

This whole bit doesn't make any sense??

jameorahiely

newacc2015 wrote: »

Under the law, until the day you return the keys you are liable for the rent. The guy is entitled to keep the keys when he moves out, but OP tell the agent to deduct the few days rent from him

Irish tenants expect the deposit to be in an envelope the day they move out. I know from experience it only when you start to clean the room, etc that you notice damage, what needs replacing etc.

That's not exclusive to Irish tenants. I've rented in various places on the continent and deposit was always returned on the day the tenancy ends after an inspection.

astrofool

When renting, I got the deposit back the day we returned the keys, we got it in the apartment after checking everything was in good condition, and after getting the final readings on the meters, before assigning them over to the landlord.

I don't understand why it doesn't always work this way, it leaves no confusion, no disputes, no chasing money, or disagreements on things being repaired due to damage etc.

If it's not being done that way, then it's generally one side trying to "get one over" on the other side by deception (or laziness).

beaner92

jameorahiely wrote: »

From what I gather from your post op you don't intend paying a deposit when you move in. You are waiting on the newer tenant to pay when he "gets it together"

What if he doesn't get it together?
What if it takes him longer to "get it together"?

What if he changes his mind about moving in?

Well let's say for example the rent in 2000€

The gent moving in pays 1000€ deposit and 1000 rent .

As a result the letting agency still has the original deposit . All that's needed is to give the exiting tenant his deposit back.

I have paid my deposit of 500€ to my partner.

beaner92

Quick question, should all this be handled by the estate agent? The whole deposit mess? Should this guy just go to the agency?

El_Duderino 09

Samuel T. Cogley wrote:

Leave it out, with the constant no return of deposits I'd be looking for some guarantee it wasn't going to take 6 weeks to check a room. If they want the keys back that day arrange to inspect the room that day.

Electronic transfers can take days to complete, that's normal. Holding on to keys after the end of a lease is not normal.

Holding on to keys implies access to the property, in which case the tenant hasn't fully moved out. I get that they want to hold to the keys as leverage, but handing over keys is part of moving out. What are they implying, that they might continue to use the keys and use the house until the deposit is returned?

OP could have the locks changed and deduct the cost from the deposit. Let them keep the keys and return the remainder of the deposit within a reasonable length of time.

jameorahiely

beaner92 wrote: »

Well let's say for example the rent in 2000€

The gent moving in pays 1000€ deposit and 1000 rent .

As a result the letting agency still has the original deposit . All that's needed is to give the exiting tenant his deposit back.

I have paid my deposit of 500€ to my partner.

So there is already half of the leavers deposit ready to give back.

beaner92

jameorahiely wrote: »

So there is already half of the leavers deposit ready to give back.

totally, and we are ready to give him that, Literally offered him the cash this afternoon. and told him we would give him the rest when the new guy drops it off. Wants all or nothing.

Books4you

If you do the inspection and all is fine just give him back his deposit. If it was the other way round you'd be on here with a thread saying 'they won't give me my deposit back'

beaner92

Books4you wrote: »

If you do the inspection and all is fine just give him back his deposit. If it was the other way round you'd be on here with a thread saying 'they won't give me my deposit back'

I wouldn't, 1. the move out date hasn't come,
2. i don't expect to receive my deposit back from anywhere i rent for at least for 2 weeks after I leave. Its been my general experience renting since moving up here for uni.

jameorahiely

beaner92 wrote: »

I wouldn't, 1. the move out date hasn't come,
2. i don't expect to receive my deposit back from anywhere i rent for at least for 2 weeks after I leave. Its been my general experience renting since moving up here for uni.

So you have half of the deposit (the deposit you paid) amd in your OP you say the new tenant moving in has already paid rent, what valid reason do you have for withholding the leavers deposit?

Why has the sublettter paid rent already and not the deposit?
It's not their issue that you chose to sublet it to someone with no deposit ready

beaner92

jameorahiely wrote: »

So you have half of the deposit (the deposit you paid) amd in your OP you say the new tenant moving in has already paid rent, what valid reason do you have for withholding the leavers deposit?

Why has the sublettter paid rent already and not the deposit?
It's not their issue that you chose to sublet it to someone with no deposit ready

Rent for march has already been paid to the letting agent.
plus when we interview subletters he was the best fit, we both got along with him. And he will have the deposit ready within days of moving in, im sure of it.

I dont think its too much to ask to wait a few days . Its also not my issue that the gent leaving is a terrible planner and cant cover himself for a few days.

It is not custom to receive your deposit on the same day you leave. Most people i know have said the same. So come Wednesday ill tell him for every day he holds the key i deduct a days rent.

jameorahiely

beaner92 wrote: »

Rent for march has already been paid to the letting agent.
plus when we interview subletters he was the best fit, we both got along with him. And he will have the deposit ready within days of moving in, im sure of it.

I dont think its too much to ask to wait a few days . Its also not my issue that the gent leaving is a terrible planner and cant cover himself for a few days.

It is not custom to receive your deposit on the same day you leave. Most people i know have said the same. So come Wednesday ill tell him for every day he holds the key i deduct a days rent.

The same could be said about your new subletter being a terrible planner.....
And you intend having 2 people paying rent for the same room?

beaner92

jameorahiely wrote: »

The same could be said about your new subletter being a terrible planner.....
And you intend having 2 people paying rent for the same room?

I agree, but due to the case he made when he viewed and after I verified the situation, i've being in the same spot which is why we gave him the time to sort it out.

His references were perfect and he and I had rugby schools connections, he deserved the slack.

The gent leaving is undeserving of any gwg from me due to prior experiences.

I am not charging 2 on 1 room, how ever For everyday he holds the key I will deduct the rent from the deposit. That I believe is the best solution for all involved.

jameorahiely

beaner92 wrote: »

I agree, but due to the case he made when he viewed and after I verified the situation, i've being in the same spot which is why we gave him the time to sort it out.

His references were perfect and he and I had rugby schools connections, he deserved the slack.

The gent leaving is undeserving of any gwg from me due to prior experiences.

I am not charging 2 on 1 room, how ever For everyday he holds the key I will deduct the rent from the deposit. That I believe is the best solution for all involved.

You would be charging 2 on one 1 room. Whose going to keep the money from the rent you are charging him for everyday he holds the key? You?

beaner92

jameorahiely wrote: »

You would be charging 2 on one 1 room. Whose going to keep the money from the rent you are charging him for everyday he holds the key? You?

Bro damn ! Well What do you want me to say. I'll donate it to a homeless shelter?

If he wants his deposit, leave the key. And he'll get it back.once we get it. Those are my terms other wise key the key till I get it back and I'll deduct the rent from the deposit end of .

TheChizler

How does him having a key cause you a loss equal to a day's rent? If there's no damage or mess for you to clean he deserves his entire deposit back. You can't just introduce fines on an ad-hoc basis.

You were saying he's poor at planning for needing his deposit quickly, but equally, and perhaps more deservedly you could blame the person who spent his original deposit and now needs the new one to replace it instead of keeping it in escrow to give it back to him when he moves out. That's not his problem.

jameorahiely

beaner92 wrote: »

Bro damn ! Well What do you want me to say. I'll donate it to a homeless shelter?

If he wants his deposit, leave the key. And he'll get it back.once we get it. Those are my terms other wise key the key till I get it back and I'll deduct the rent from the deposit end of .

Why do you get to keep the money? That's dodgy. I hope you have an explanation ready for the rtb.

beaner92

TheChizler wrote: »

How does him having a key cause you a loss equal to a day's rent? If there's no damage or mess for you to clean he deserves his entire deposit back. You can't just introduce fines on an ad-hoc basis.

You were saying he's poor at planning for needing his deposit quickly, but equally, and perhaps more deservedly you could blame the person who spent his original deposit and now needs the new one to replace it instead of keeping it in escrow to give it back to him when he moves out. That's not his problem.

I don't feel comfortable with him having a key being able to enter the house when I'm not there or no one is around. It's a penalty imo. I'll tell him this tomorrow.
It's a letting agents running the apartment he and my girlfriend signed the lease together. But he doesn't want to renew . THe letting agent has the full deposit . I did tell him try to go the the letting agent and collect but it's likely they will probably say no. Sort it out among yourselves. And he will have to agree to my terms .

jameorahiely

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Deep or not, what you suggest doing is illegal btw
You can't just fine him lol

jameorahiely

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He gets his deposit, you get you keys

Everyone's happy

beaner92

jameorahiely wrote: »

He gets his deposit, you get you keys

Everyone's happy

That's what I want . But we are at the mercy of the new tenant . Hopefully he has it on the 1st if not . Oh well. We will just have to see