Should I give him the deposit back?

Blackpitts

hi guys,
i'm looking for a clarification here.
I have rented a 2 bedroom apt and sublet one of the room to guy.

I told him to give me 1 month of notice before to move out so he did.
In the middle of october he told me that he was going to move out on the 3rd of december, so plenty of notice.
The fact is that we are not able to find someone who can take the room.
He has paid the full rent in november but he is claiming for the deposit back in december.
the fact is that i don't know what we should do if we don't find someone before the beginning of december.
My opinion is that the tennant has to communicate the date of his departure at least 1 month before and he is still responsible to pay the rent so the deposit should cover it. If someone takes the room, he is entitled to get the money back.
His opinion is that he paid for november, he gave me the notice in time so it's not his problem.
We are keeping this civil, so i really need to know what's the best way to deal with this issue. I told him that if we will find someone in the middle of the month he will get half of the deposit back, which seems a good deal for him as well. But would we need to do if we cannot find someone in december?

gman2k

So you asked for a months notice, he gave you a month and a half, he's paid all his rent.
What's the confusion? Give the guy back his deposit. It's not his fault you can't get a new tenant.

staker

OP are you taking the proverbial?:mad:
Give him his deposit back.

EKRIUQ

Just return his deposit as he gave you the 1 months notice before moving and still paid the rent for November. He's not tied to a lease and it was just a verbal agreement that you seem to be reneging on now.

Blackpitts

ok guys...we have nothign written because i have nothing written with the landord as well//
i'm not greedy, just trying to figure out my rights and his right...
i'll give the money back then.

dlofnep

Give him the deposit back. No harm done.

Blackpitts

Blackpitts wrote: »

ok guys...we have nothign written because i have nothing written with the landord as well//
i'm not greedy, just trying to figure out my rights and his right...
i'll give the money back then.

Your right to just...keep HIS money? Christ.

seanybiker

ah yeah fair enough its not written down but normally ya give the money back. Good luck finding someone new and get it on paper next time bud

brendansmith

Next time tll whoever moves in that they have tpo find a new tenant should they wist to leave. One that meets your approval.
But yeah you have absolutely no righht to go back on your word

mikemac

brendansmith wrote: »

Next time tll whoever moves in that they have tpo find a new tenant should they wist to leave.

No way is that resonable.
The guy rented a room, he didn't tie himself to any lease.

If the OP is going to sub-let rooms then it's their job to get another tenant.
And if they can't afford the gaff well maybe go get a 1 bed apartment and stop messing other people around

inforfun

micmclo wrote: »

No way is that resonable.
The guy rented a room, he didn't tie himself to any lease.

If the OP is going to sub-let rooms then it's their job to get another tenant.
And if they can't afford the gaff well maybe go get a 1 bed apartment and stop messing other people around

1 bed apartment is not exactly half the rent of a 2 bed.... Might save you 100, maybe 200.

mikemac

You're right, it's not a massive saying but I did post it cuts out this messing other people around

Cantab.

YOU'RE the leaseholder.

It's YOUR responsibility to cover for vacant periods, unless you explicitly state otherwise in a contract. (why anyone would sign such a contract is beyond me)

If you don't give the money back, prepare for some nasty surprises or a trip to the PRTB.

Caoimhín

Im astonished that you would even ask that OP.

prendy

extra advise: take readings of gas and esb and make sure all bills are paid up to date.

2 of us in our house got stung for 200€ in back charges on esb because they hadnt taken a proper reading in over a year.:eek:

Vorsprung

OP, please post details of the place you're renting so that the rest of us can steer clear.

prendy

prendy wrote: »

extra advise: take readings of gas and esb and make sure all bills are paid up to date.

2 of us in our house got stung for 200€ in back charges on esb because they hadnt taken a proper reading in over a year.:eek:

Don't be giving him ideas :rolleyes:

Emerald Lass

Op, give him his money back - he did all he was requested to do by you. Sure it sucks that you now have to fund the rent alone, but it was your choice to sublet rather than get him on the main lease.

You also say you have no lease - get that sorted asap, otherwise you have no comeback if the LL starts playing silly beggars. Protect yourself, get a lease. and next time you look for a room mate, consider adding them to the lease or inform the LL that you are subletting - otherwise you could end up in all sorts of bother.

petethebrick

Some people you rent off take the piss. I had rented a room a few years ago. Gave my months notice and even paid to put an ad for a new tenant in the herald. Now get this - people replied to the ad/ came to view the room but the leaseholders (two bitches) claimed they didn't like any of them and needed to interview more potentials. They also claimed that since nobody had moved in my deposit had to cover any rent while they waited. :eek: Unfortunately I had only a verbal agreement with them
Eventually only got half my deposit back but they got a nice paint job done on their car and a bottle of piss poured through the letterbox one nite
Treat your tenants nice people!

Climate Expert

petethebrick wrote: »

Some people you rent off take the piss. I had rented a room a few years ago. Gave my months notice and even paid to put an ad for a new tenant in the herald. Now get this - people replied to the ad/ came to view the room but the leaseholders (two bitches) claimed they didn't like any of them and needed to interview more potentials. They also claimed that since nobody had moved in my deposit had to cover any rent while they waited. :eek: Unfortunately I had only a verbal agreement with them
Eventually only got half my deposit back but they got a nice paint job done on their car and a bottle of piss poured through the letterbox one nite
Treat your tenants nice people!

See thats what I would expect if if you were to withhold this mans deposit. Its a scummy thing to do and will probably get a scummy response.

shoegirl

This is why sharing a rented property is so undesireable for so many people

Schuhart

bigjimthefirst wrote: »

OP, please post details of the place you're renting so that the rest of us can steer clear.

The details seem to be here

1 Master Ensuite double room for rent in a DOUBLE ROOM APT. situated in the brand new "Chocolate Factory" block,just beside the HILTON hotel.
<snip>
- Rent is 700E per month + deposit that you will get back when you decide to move out.