Rent deposit query

kkelly77

Hello all,

I recently took deposit for a double room in my house which I am renting. The potential tenant asked me to hold the room for him until he could move in, June 1st. I got 1 months rent as a holding deposit and gave him a written receipt.

The guy is now telling me a week and a half later that he is not taking the room. This is extemely frustrating as the room has been vacant for a few months and I had 3 other people interested AFTER he had given me the deposit.

Does anyone know where I stand legally on returning the deposit? As I said, I only supplied him with a written receipt and no lease was signed as his move in date was June 1st. Thanks for your replies.

K

whizzbang

What did the receipt say? Was it a holding deposit, or a rental deposit? As in were they expected to give you the normal renters deposit in June?

kkelly77

whizzbang wrote: »

What did the receipt say? Was it a holding deposit, or a rental deposit? As in were they expected to give you the normal renters deposit in June?

The receipt said "€xxx received for deposit on double room" and had my signature.

As per the norm, I ask for 1 months rent up front and 1 months rent as a deposit. I took 1 months rent as a deposit for the room and when he moved in on June 1st I would then get 1 months rent in advance.

Agent J

Not sure on the exactly legalities but he gave you a deposit on the room.

But i would read it as.

A deposit on an item gives the person the right but not the obligiation to use said item. If they choose not to then the price they pay for that option is the deposit. You put 20k down on a house as a deposit and choose to walk away you have that right unless youve signed something aganist it. You lose the 20k though. Thats the whole point of a deposit. It prevents that item from being made available to someone else for which a premuim is paid.

They made a verbal agreement with you to take the room and they gave you X in anticipation of that so you would hold the room. They are now changing their mind and the terms of that. You dont have to agree.

I'd hold on to it if i was you. They have no case with regaurd to the PRTB because a tennacy never started and a court case on it would be cost prohibitive for them. And in all honesty i cant see a court going aganist you for holding a deposit.

kkelly77

Agent J wrote: »

Not sure on the exactly legalities but he gave you a deposit on the room.

But i would read it as.

A deposit on an item gives the person the right but not the obligiation to use said item. If they choose not to then the price they pay for that option is the deposit. You put 20k down on a house as a deposit and choose to walk away you have that right unless youve signed something aganist it. You lose the 20k though. Thats the whole point of a deposit. It prevents that item from being made available to someone else for which a premuim is paid.

They made a verbal agreement with you to take the room and they gave you X in anticipation of that so you would hold the room. They are now changing their mind and the terms of that. You dont have to agree.

I'd hold on to it if i was you. They have no case with regaurd to the PRTB because a tennacy never started and a court case on it would be cost prohibitive for them. And in all honesty i cant see a court going aganist you for holding a deposit.

Correct. A lease was never signed. I think there is only a moral obligation to give SOME of the deposit back i.e. I assumed the room was off the market for a period of approx 1.5 weeks. Therefore, I should keep 1.5 weeks worth of rent from the deposit and give the rest back.

ILikePoker

Legally ur allowed to keep the deposit and couldnt get it back off you. But i think that he has left you good notice and only kept it vacant for 1-2 weeks for him maybe take half of it. or another option tell him you keeping deposit unless u find someone within the month and then give it back to him. This is assuming the you did have written it was a deposit for the appartment and not rent or something cos then legally he be entilted to it back

kkelly77

ILikePoker wrote: »

Legally ur allowed to keep the deposit and couldnt get it back off you. But i think that he has left you good notice and only kept it vacant for 1-2 weeks for him maybe take half of it. or another option tell him you keeping deposit unless u find someone within the month and then give it back to him. This is assuming the you did have written it was a deposit for the appartment and not rent or something cos then legally he be entilted to it back

Can you tell me where you got the legal info ILikePoker, just so I can confirm myself?

Just to clarify, it is a double room I am renting in my house. Not an apartment.

BC

kkelly77 wrote: »

Correct. A lease was never signed. I think there is only a moral obligation to give SOME of the deposit back i.e. I assumed the room was off the market for a period of approx 1.5 weeks. Therefore, I should keep 1.5 weeks worth of rent from the deposit and give the rest back.

But the OP turned away other people because this person was taking the room. They now may not get someone for another month or so.
I think keep the whole deposit (not sure about legalities though)

D3PO

your entitled to keep the deposit unless you told the renter it was refundable if they changed their mind which Im assuming you didnt do

GerardKeating

kkelly77 wrote: »

The receipt said "€xxx received for deposit on double room" and had my signature.

As per the norm, I ask for 1 months rent up front and 1 months rent as a deposit. I took 1 months rent as a deposit for the room and when he moved in on June 1st I would then get 1 months rent in advance.

Keep the deposit and ask for the firsts months rent as "notice". He wont pay but might not persure the deposit further if he thinks there is a risk that you might win with the months rent ...

kkelly77

Update - I've agreed to return half the deposit to the potential tenant. Just thought it would be easiest solution all round. Thanks for your advice on the matter.

K