Entitled to get Deposit Back

De Deraco

Hi everybody,
Am I entitled to get my deposit back from the landlord if i offer to get new tenants in? I Signed a 1 year lease about 8 months ago and i am giving him 35 days notice?

mel123

I am not 100% on this, but i think because you signed a contract for one year you are in breach of this and it would be up to the landlord weather or not to give you back the deposit, however, I dont think they HAVE to. As for getting new tenants, this doesnt mean anything unfotunately. I know from previous experience if you give the landlord enough notice, as you have, out of good faith they would tend to give it back to you, as long as you are leaving the place in good order etc. You might find some good info on www.oasis.gov.ie

The_Conductor

In short, you are breaking a legal lease.
If your landlord is satisfied to accept the proposed new tenants in lieu of you- at that point you can discuss the deposit with him. Of far greater concern would be that legally your landlord could potentially make you pay for the entire term of the lease- the full year (totally aside from the deposit issue).

The deposit is a payment in assurance against any damage that you may cause to the property- not a sink fund for use in lieu of rent (or rent foregone as the case may be).

You need to sit down and discuss the situation with your landlord and find out what he/she is amenable to.

In cases where deposits are withheld a case could be forwarded to the PRTB. However as you are breaking a lease- its unlikely that a case would rule in your favour.

With respect of the new tenants that you have found- your landlord is not obliged to accept them in lieu of your tenancy.

De Deraco

Tenancy Terminations (Part 5)
Tenancies will be terminated by means of a notice of termination, regardless of why the termination is happening. If the termination is by the landlord and the tenancy has lasted more than 6 months, one of the 6 reasons on the previous page must be cited. Tenants do not need to give a reason for terminating.

The notice period to be given depends on the length of the tenancy as follows:
Duration of
Tenancy Notice by
Landlord Notice
by Ten ant
Less than 6 months
6 or more months
but less than 1 year
1 year or more
but less than 2 years
2 years or more
but less than 3 years
3 years or more
but less than 4 years
4 or more years 28 days
35 days
42 days
56 days
84 days
112 days 28 days
35 days
42 days
56 days
56 days
56 days
Shorter notice periods apply where termination is for non¬compliance with tenancy obligations (7 days for serious anti-social behaviour, 28 days for other breaches) and the parties may also agree a shorter notice period at the time of termination (but not earlier). Longer notice may be given, but not more than 70 days where the tenancy has lasted less than 6 months.


Where a landlord refuses consent to assign or sub-let a fixed term tenancy, the tenant may terminate the tenancy before the expiry of the fixed term.

De Deraco

Can any one please Tell me if the above applies??

Got it from here: http://www.prtb.ie/DownloadDocs/Residential%20Tenancies%20Act%202004%20-%20A%20Quick%20Guide.doc

The last line i think is most important.

Lex Luthor

smccarrick wrote:

The deposit is a payment in assurance against any damage that you may cause to the property- not a sink fund for use in lieu of rent (or rent foregone as the case may be).

afaik, it can also be kept if rent is not paid

sharpsuit

De Deraco, You are right. You can terminate the tenancy by giving 35 days notice if the landlord does not consent to you getting new tenants in. Look at section 186 of the Private Residential Tenancies Act.