Housemate moving out - breaking our lease

cee_jay

Me and 2 others moved into a house on 1st February, and we signed a lease for one year.
One of the guys now has been transferred to another county and is moving out.
The thing is me and the guy who is staying can't afford to pay the rent on the house between the 2 of us.
The one moving out wants his share of the deposit back from the two us, along with 33% of the value of the items we bought for the house on moving in.
He is saying that he has given us a month's notice (I heard it second hand through the other guy and he sent a one line email to our landlord saying He is moving out and will a month's notice suffice), and because of that his bases are covered and its now up to us to decide what we want to do with the house.
I think that it is up to him to find someone to take over his room, and he needs to get the landlord to agree to this?
Am I right?
I don't want to be held reponsible for finding someone who is not on the lease to move into the house - as subletting the house is a clause on the contract (i.e. not allowed).
He is refusing to ring the landlord as he is "too busy" at work - she has yet to reply to his email.
Can someone please advise me on this?

aniascor

Ring your landlord and talk to her to see what she wants to do about it.

Then sit down with your housemate this evening and see if you can reach a solution that you are all happy with. You are not responsible for returning your housemates deposit, no matter what he claims. That is the landlord's responsibility.

edanto

How urgent is it? Is he moving out tomorrow or at the end of June?

It's a pretty cut and dried case - he has signed up for a year (did he actually sign the lease?), so it's up to him to find a replacement roomie to the satisfaction of you guys and the landlord.

If he's refusing to call the landlord, then you should. Maybe he's lying about the email and he just wants to get his money back and run. Unlikely, but possible.

If he's moving out tomorrow, then the most important thing is for you to get an ad up on daft and get someone in quickly; if you have another month then there's time to make him see his responsibilities and to get him to organise everything.

He sounds like a total messer, it's probably good that he's moving out.

EDIT: And Aniascor is spot on; certainly don't give him any of the deposit out of your own pocket.

cee_jay

He's moving out at the end of the month - he called the other guy last Thursday and said that he was gone as of May... but now its June.
He actually isn't living in the house at the moment - he was moved temporarily to the other site, and was made permanent then so hasn't even been back to clean his room (which I know I will get the job of doing - its disgusting at the moment).
He did sign the lease - which I have the copy of in the house.
But if we are unable to find someone to move in, it is up to the 2 of us that are left to cover the rent? And if we can't we will all lose our deposit yes?
In that case, do the two of us have any comeback? Because forking out for another deposit is something I have not budgeted for at all!

Lex Luthor

I would agree that it would be up to the person moving out to find a replacement.

Thats what we did on 2 occasions when I shared many moons ago with 3 others.

The person always moving on found someone and we had no problem with them.

Then the person moving in gave the deposit to the one moving out.

edanto

Legally, I don't know if the two of you would have to pay all the rent or not - but its a moot point, since it won't come to that.

I would recommend you tell this guy that if he wants to leave, he needs to do it responsibly. That means cleaning his room to the standard it was when he moved in and getting a replacement housemate. If he doesn't agree to that, it'll be up to you to keep the landlord informed about what's happening.

I would guess that if the landlord has to come to the house to clean the room and interview new housemates then the guy won't see any of his deposit. If you put it like that he may be more cooperative.

It's important for you to contact your landlord quickly and let them know of the problem and the level headed appraoch you're taking to solve it. If your landlord is onside, you're less likely to have big problems.

Lex Luthor

Carol, do you know anybody that can move in?

If not, I can't think the landlord would have any problem you 2 finding someone else to take his place. Have a look in the classifieds, local shops, supermarkets for anyone looking for a room to rent in your area.

If this person is refusing to find someone to replace them, then just assume they lose their deposit. Well if he wants you 2 to refund his deposit, then all you say is that he has to find someone "SUITABLE" to replace him or he'll lose it. Of course you could always try yourself to find someone seeing as you will have to live with them. If he finds someone and they suit him to move in but you don't like them, then he can always say "well you said if I found someone I'd get my deposit back"

cee_jay

Thanks for all the advice.
Tried rining him earlier, but he isn't answering his phone to me, so have sent him on the following email:

Hi,


You need to ring landlord about you moving out of the house.

As we all leased the house together, it is up to you to find someone suitable to take over your lease. She is well within her rights not to give you your deposit back. It is technically up to you to find someone to take over your lease and they would then pay the deposit to you. But landlord needs to agree to this first – as subletting the house/room of the house is not allowed as part of the lease you signed.

Can you please let us know what she says.

Carol

Hopefully he will cop on a bit about this.....

Thanks for all the advice

aniascor

Just something to note Carol - it's in your interests to ensure that you get written confirmation from the landlord that it's okay to sublet.

Your email sounds good - have you had a response from your housemate?

Lex Luthor

Carol, this is hardly the person moving out of your place?

http://www.boards.ie/vbulletin/showthread.php?t=2054939329

Dudess

Tee hee! Yes, it is a bit of a coinkidink all right. Not me. Wrong gender for a start:).
And I certainly don't want to put it on my flatmates. I'm wondering if the landlord could pay me the deposit back if I can't find anyone to replace me on time for when I move out (I'll try my damnedest, believe me, but I know it's going to be hard).

cee_jay

Response below:

"All I am required to give is one months notice whether it is to you other guy or landlord. My deposit is linked too the standard of the house
And contents of when leaving. There is no onus on me to find another person to move in, no contract any way legal binding have conditions like that contained in it. By me breaking my agreement It actually breaks all our contracts and puts the responsibility on other guy and yourself to find another tenant or alternatively pay the full amount of rent and form another contract based on what we ye decide. "


I've a feeling I have a fight on my hands somehow - is he legally right?
Think the other guy is gonna ring him tonight and see what he says - but I know from past experience he can be very stubborn, and as i have found a complete pr*ck.
Gonna have to wait now and see what the landlord says tomorrow.

Dudess

What a total asshole. I'm moving out myself and don't know if I'll be able to find a replacement on time (I'm giving plenty of notice but the room's small size is just not attracting people), but I would have thought that if he can't find a replacement, it should be up to the landlord to pay the remainder of the rent - not you guys.

Victor

I suggest you talk to Threshold. www.threshold.ie

Has he said he is gone? With all his stuff? If so I suggest you contact the landlord and change the locks (you need the landlords permission to do that).

I suggest you also agree with the landlord that you (cAr0l) source another tenant to take over from the guy leaving and that you arrange the lease accordingly. You don't want someone that this guy recommends.

The guy leaving cannot rely on his own breaking of the contract to give him an escape clause.

My deposit is linked too the standard of the house And contents of when leaving.

All well and good, but what condition is it in? And in breaking the contract, the landlord could sue him for the rent right up to next February. In practice, many a landlord tends to just keep the deposit to cut their losses.

I suggest you find this guys new address. Just in case the landlord needs to send solicitor's letters (but don't tell him that)

whizzbang

If he keeps acting like this I suggest you give him no money and sell all his stuff on ebay. Or have a bonfire, whichever gives you more fun

antoinolachtnai

What a jerk.

Anyway, he is wrong, all three of you are still bound by the contract with the landlord. The full rent is due. The landlord can pursue you guys for the full amount owed, not just your share. Still, open communications channels with the landlord.

In principle you and the landlord could contact the PRTB and ask them to decide this. In principle, the PRTB could make a judgement against this guy, and that would pave the way for sending the sheriff after him. I have no idea whether the PRTB would be willing to do this.

Generally the procedure here is to add a new party to the lease and remove the old party, rather than doing a sublet. In the strict letter of most leases, the landlord doesn't have to do this, but in practice they would be unwise to refuse unreasonably.

Sleepy

Well, you have the email from him now so talk to the landlord, show her that and see what kind of arrangement you can come to.

Do not under any circumstances refund the idiot the deposit out of your own pocket.

As for finding a new person to take his place in the house, I'd advise doing it yourself with the landlord's agreement rather than having either that prick or the landlord pick someone. I don't know who the legal onus is on to do so but it's in your own interest to do it if you can just to make sure you find someone you can live with. I just had to do it recently in the house I'm living in and tbh, it's not really all that much work.