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Landlord wont give us back our deposit

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  • 01-09-2008 9:29pm
    #1
    MIN2511
    Registered Users Posts: 5,398 ✭✭✭


    Four months ago, we got an apartment in a certain area. Location wasn't convienient because we both changed jobs.
    On the first on August, i rang the landlady and informed her that we were moving out due to stress and location. She asked for a letter in writing, i gave her one.
    We found a place, paid the new landlord and moved out on saturday. The other girl tried to collect the deposit today and she wont give us back our money. Apparently we signed a years lease!:eek: We did sign a years lease but are within rights as we informed her a month in advance! And if she had a problem with it she should have informed us!

    Our apartment was also advertised on daft from last week, she said to contact the agent...

    Another tenant left about 2months ago, they only gave a weeks notice! And they got their deposit back:confused:


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    #2
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    MIN2511 wrote: »
    Apparently we signed a years lease!:eek: We did sign a years lease but are within rights as we informed her a month in advance!


    Does the lease specify a one month notice period? If it doesn't then as a fixed term lease you would not be entitled to your deposit back and if your landlady does not rent the property soon you are responsible for any shortfall as you broke your lease.


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    #3
    Agent J
    Registered Users Posts: 1,909 ✭✭✭Agent J


    Second the above.

    Unless it spefically says you can do that in the lease then you are stuck.

    Whatever happened with the other person is irrelevant im afraid.

    Although. Are they registered with the PTRB?
    If they are you should have gotten a letter.

    If they are. Then tough im afraid.

    If not. Then they cant pratically enforce it because you complain to the PTRB and they go asking the landlord why they arent registered..


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    #4
    Arathorn
    Registered Users Posts: 488 ✭✭Arathorn


    Be glad she is only keeping the deposit and not going after the other 8 months rent. Signing a lease isn't just for fun you know


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    #5
    MIN2511
    Registered Users Posts: 5,398 ✭✭✭MIN2511


    If she had a problem with it surely she should have mentioned it when i informed her. It doesn't say on the lease that we would forefeit the deposit if we move within the year. I don't have it on me but i remember vividly that it states "12 month contract" As far as we knew we had to give a months notice to the landlord.

    We rang her back yesterday and read the contract to her, our apartment has been advertised on daft, her husband came in unannounced into the apartment on saturday. Loads of things we complained about and they never did anything, i have contacted a lawyer about the issue and he is going to look at the contract. And he said if we gave them a months notice and she said it was fine(she asked for it in writing) then she has to give us the deposit. If it was a problem she should HAVE informed us from the start.


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    #6
    jimmycrackcorm
    Registered Users Posts: 14,331 ✭✭✭✭jimmycrackcorm


    giving one month's notice does not imply that you can do it any time but that if you are leaving at the end of the 12 months that you need to give a month notice. surely you can't be thinking that the 12 month contract doesn't mean anything.


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    #7
    eth0_
    Registered Users Posts: 10,846 ✭✭✭✭eth0_


    MIN2511 wrote: »
    And he said if we gave them a months notice and she said it was fine(she asked for it in writing) then she has to give us the deposit. If it was a problem she should HAVE informed us from the start.

    I think you should get another lawyer because that is completely wrong. If it doesn't say *in the lease* that you can give 1 months notice and get your deposit back then i'm sorry, you haven't got a leg to stand on.


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    #8
    MIN2511
    Registered Users Posts: 5,398 ✭✭✭MIN2511


    Contacted the agent, he said she should give us the money back because it doesn't state otherwise either.

    Waiting for him to ring back.


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    #9
    AARRRGH
    Closed Accounts Posts: 12,382 ✭✭✭✭AARRRGH


    If you signed a 12 month contract and it doesn't explicitly say you can terminate the agreement with 1 months notice, then I think you are extremely lucky you are only losing your deposit. If your landlord took you to court you would need to pay the remaining 8 months rent.


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    #10
    astrofool
    Registered Users Posts: 16,479 ✭✭✭✭astrofool


    MIN2511 wrote: »
    Contacted the agent, he said she should give us the money back because it doesn't state otherwise either.

    Waiting for him to ring back.

    I've got a contract here that doesn't state that you owe me 5000 euro, so please pay me 5000 euro.


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    #11
    eth0_
    Registered Users Posts: 10,846 ✭✭✭✭eth0_


    astrofool wrote: »
    I've got a contract here that doesn't state that you owe me 5000 euro, so please pay me 5000 euro.

    All fixed term leases mean you forfeit the deposit if you break the lease. I don't think that has to be implicitly stated.


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    #12
    Calina
    Registered Users Posts: 8,219 ✭✭✭Calina


    OP,

    please call Threshold and make sure you have a copy of your lease to hand. Also you may want to advise the landlord/lady that you are considering bringing the matter to the attention of the PRTB. There are provisions for tenancies that are less than 6 months old which may apply here and they will be better able to advise you because it is still not absolutely clear whether the provisions allowing you to end a tenancy within six months at a months notice are or are not superceded by the provisions of a fixed term lease.

    As a general comment, it seems to be weirdly prevalent that there are a lot of leases around with no break clause. I strongly advise against signing one - you should always have a clear escape route just in case. It benefits both sides for the terms under which a lease can be terminated to be clear and unequivocal. It is an example of the insanity of tenancy arrangements in this country that you cannot take this for granted.

    My two cents.


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    #13
    astrofool
    Registered Users Posts: 16,479 ✭✭✭✭astrofool


    eth0_ wrote: »
    All fixed term leases mean you forfeit the deposit if you break the lease. I don't think that has to be implicitly stated.

    That's backing up my point.

    A 12 month lease was signed, you are liable for the rest of the months of unpaid rent.

    The deposit is a security deposit against the tenant damaging the premises, or for unpaid bills, it is not meant to be in lieu of rent (which is where a lot of problems come in).

    Unless the contract says that there is a notice period, then there is no notice period, nothing in a contract can be implied, it has to be written in plain english, or at least refer to a current law with details (or in Lisbon's case, references to past referenda).

    Calina, in Ireland, the standard lease agreements do not usually come with a notice period, and very few landlords would agree to them anyway. Now that it is harder to rent a place, there might be some negotiation on this. When the lease expires, then the tenancy falls under a section 4 tenancy, with the notice periods defined clearly on www.threshold.ie


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