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Tenant left before contract was up

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    #32
    Dr_Kolossus
    Registered Users Posts: 112 ✭✭Dr_Kolossus


    Fol20 wrote: »
    At a moment minimum they can keep partial of the deposit however you do have to mitigate your losses and re let it asap

    Stupidly, I think op actually has to return the deposit, I shouldn't be used to cover rent


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    #33
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Dr_Kolossus wrote: »
    Stupidly, I think op actually has to return the deposit, I shouldn't be used to cover rent

    Tenant hasn't given notice, op can use for last month's rent, technically it is now being used to cover arrears.


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    #34
    Wanderer78
    Registered Users Posts: 29,417 ✭✭✭✭Wanderer78


    Dr_Kolossus wrote:
    Stupidly, I think op actually has to return the deposit, I shouldn't be used to cover rent


    If this is true, this is ridiculous


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    #35
    Dr_Kolossus
    Registered Users Posts: 112 ✭✭Dr_Kolossus


    Going from memory here. I thought I read a post here a long time ago where a landlord withheld deposit when owed several months rent. He won case with rtb and tenant was ordered to pay a nominal sum in repayments (like 5 eur a month forever). But LL was ordered by rtb to repay the deposit as this is seen as separate to the rent.

    I think same rules apply other way around, I.e. Tennant can't use deposit to pay last months rent.


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    #36
    sunnysoutheast
    Registered Users Posts: 2,072 ✭✭✭sunnysoutheast


    The RTB state that the landlord can "establish a right" to retain the deposit for rent arrears and/or terminating a fixed term contract early:

    https://onestopshop.rtb.ie/beginning-a-tenancy/deposits/

    What this means the landlord has to do in practice to cover themselves legally in these circumstances, given that the tenant has made no communication and has merely left the keys under the doormat, I don't know.

    I would produce a closing statement of account outlining the arrears etc. at least just in case the tenant pops up and asks for it back.


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    #37
    Gael23
    Registered Users Posts: 12,113 ✭✭✭✭Gael23


    Landlord can withhold deposit if notice specified in lease is not given.


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    #38
    Fol20
    Registered Users Posts: 3,624 ✭✭✭Fol20


    Dr_Kolossus wrote: »
    Going from memory here. I thought I read a post here a long time ago where a landlord withheld deposit when owed several months rent. He won case with rtb and tenant was ordered to pay a nominal sum in repayments (like 5 eur a month forever). But LL was ordered by rtb to repay the deposit as this is seen as separate to the rent.

    I think same rules apply other way around, I.e. Tennant can't use deposit to pay last months rent.

    Yea I read something along those lines also. No doubt once he gets the deposit back. That 5e will will cease to be sent


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