Void Deposit?

white_falcon

Myself and my housemates are in a predicament. We have a contract for 12 months, with 3 other people. 2 have moved out and we paid them their deposit. Another has now decided to move out, leaving just two of us to pay the rent which we cant afford. We need to move out before the end of the contract. Are we entitled to all or any of the deposit assuming that property is as we got it.

Santa Claus

If you break the lease early then the landlord can withhold the deposit to cover costs in re-renting the place/loss of rent.
Best bet is to ring landlord and ask him if you can find people to take your place is that OK (check with landlord as it could be seen as sub-letting which is probably forbidden in your lease).

BC

Actually depending on whats in the lease, if you break it the landlord is usually entitlted to hold you liable for the rent due on the remainder of the lease. Most landlords will not require this if you find someone else to take over but you need to check your lease and talk to the landlord.

antoinolachtnai

Well, a term holding you liable for the rent for the remainder of the period is probably not 'reasonable' and wouldn't stand up. Still, amicable resolution is the key to this.

neon_glows

well as said above there has been no damage done to the property and in fact it is much cleaner/tidier than it was when we moved in and we have fixed alot of stuff that was not working before we moved in, if we gave the landlord 6 weeks notice we are moving out and agreed to let any prospective new tenants have a look around the house will we be entitled to a full refund. the landlord has made it clear that he is not willing to refund our deposits and if this becomes the case we will wish to pursue it through the small claims court.

gibo_ie

neon_glows wrote:

the landlord has made it clear that he is not willing to refund our deposits and if this becomes the case we will wish to pursue it through the small claims court.

Before you go thinking you can get your money back in the small claims court, make a simple call to the PRTB (www.prtb.ie) and check if you are entitlied to a deposit return. As said here numerous times, if you have broken the terms of your lease (and you may not have) by terminating the agreement early or by not giving sufficient notice, you are actually liable for the rent due for the remainder of the lease and not entitled toa deposit refund.

you can also check with threshold (www.threshold.ie) for advice on this matter. Let us know how long you have been there for, how long your lease/contract is for and how much notice you have given your landlord. Someone here can probably help you see how much notice you need to give to get your deposit back. Remember the deposit is there for the landlords benefit also, I have had people leave my house in a terrible state by just upping and leaving with no notice. The deposit doesnt even come close tot the damage done in a lot of cases.

Good luck

EDIT:
Notice Period Duration of Tenancy
28 days
Less than 6 months

35 days
6 months or more but less than 1 year

42 days
1 year or more but less than 2 years

56 days
2 years or more but less than 3 years

84 days
3 years or more but less than 4 years

112 days
4 or more years

From: http://www.threshold.ie/menu.asp?menu=83

antoinolachtnai

Forget about it, legally speaking you've lost your deposit. If the landlord had sense he would do a deal with you. But if he doesn't, you probably won't be able to recover legally. You're in clear breach and the amount of money is relatively small.