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deposit query

  • 27-02-2009 8:02pm
    #1
    rathmullen
    Closed Accounts Posts: 1 ✭


    :confused:I recently had tenants agree and sign a contract to rent my house for a year. However one week before moving in he called me and said he would not be moving in and wanted his deposit back. Today i received a solicitors letter saying he was pursuing me legally for the deposit. Where do i stand?


Comments

  • #2
    Gangu
    Registered Users, Registered Users 2 Posts: 416 ✭✭Gangu


    rathmullen wrote: »
    :confused:I recently had tenants agree and sign a contract to rent my house for a year. However one week before moving in he called me and said he would not be moving in and wanted his deposit back. Today i received a solicitors letter saying he was pursuing me legally for the deposit. Where do i stand?


    Read your contract - does it state clearly when you can retain the deposit? Sounds like he breached the contract though... What did the solicitor's letter say?


  • #3
    fliptzer
    Registered Users, Registered Users 2 Posts: 65 ✭✭fliptzer


    It does depend on the contract but:
    1. If they signed it and paid a deposit they obviously wanted it and you held it available for them
    2. The deposit is usually 1 month’s rent to cater for damages, non-payment of rent, etc.
    3. If they are trying to withdraw after signing and paying it, well tough luck for them if they didn’t want it they shouldn’t have signed it.
    4. It would not be unreasonable to keep the deposit as there was a contract and you lost the opportunity to rent it to someone else (expecting them to pay 12mths rent and not use the place is unreasonable).
    5. Sounds like they don’t have a case and are trying to frighten you into returning it.
    6. If worried or unsure call a solicitor for legal advice.


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