Moving out soon: what about the deposit?

Blackpitts

hey guys
before I take the big decision of moving out i need to understand what are my rights.
I've been renting an apt in Dublin since May 2008 (paid a deposit of 1500e), in december I've renewed the contract for six months, so the end date is june 2010.
Unfortunately one of the guy I have sublet one of the room is moving out and I'm struggling to find someone to replace him, so I'm due to pay the full rent for the month of feb
Since I'm not sure I will find anyone at all, I'm considering to move out and give the 4weeks notice on the 31th of January, so basically i'm asking to end my contract 4 months in advance.
so the question is: am I entitled to get my deposit back or can the landlord keep it because I'm leaving the apt sooner than agreed?
this can really affect my decision...

(p.s. bear in mind that the landlord is not the legal owner of the apt although the contract is in his name, so while I couldn't claim for any tax benefit his position is a little bit arkward in case i decide to bring him to court or something)

The_Conductor

If you've signed a contract until June- irrespective of anything else- you have a legal obligation to pay the rent until the end of the lease. Giving the requisite notice etc- doesn't enter the equation- nor can you simply expect the landlord to keep the deposit in lieu of foregone rent.

You can sublet the unit until the end of your lease, with the permission of the landlord- however you're still liable for the amount agreed in your own lease, so if the going rent has fallen in the interim- or you are unable to find a new tenant- you would be obliged to make up the difference.

Ps- regardless of whether the 'landlord' is the legal owner of the apartment or not- you are entitled to claim rent-relief on your rent- you simply leave the sections of the form for which you don't have information blank- and there is a section in the Revenue Commissioners who will join up the missing dots....... Might take them a while- but they will get there eventually.

Cathmandooo

If your lease is for a fixed term then by leaving before the term is finished you are breaking the conditions of the lease. The landlord can keep your deposit.

However, I would advise you to go talk to your landlord, has he been reasonable with you to date? He might have no problem with it once you give him notice for him to look for new tenants. If he's agreeable to it then make sure you have that in writing.

Blackpitts

Cathooo wrote: »

If your lease is for a fixed term then by leaving before the term is finished you are breaking the conditions of the lease. The landlord can keep your deposit.

but, if my understanding is correct, if the guy whom I've sublet the room leave it with 4 weeks notice I'm obliged to give all the deposit back.
Is it right?

being a tennant sucks sometimes! i'm going to pay for the full rent of Feb+next months (until i find someone) and loose my deposit if I move out before June :mad:

The_Conductor

Blackpitts wrote: »

being a tennant sucks sometimes! i'm going to pay for the full rent of Feb+next months (until i find someone) and loose my deposit if I move out before June :mad:

Legally the landlord can come after you if you leave early- if the property is vacant, or if he has to let it at a lower rent than specified in your lease, upto the cessation date of your lease.

You may potentially have a lot more to loose than just the deposit.

Be careful.

Cathmandooo

Blackpitts wrote: »

but, if my understanding is correct, if the guy whom I've sublet the room leave it with 4 weeks notice I'm obliged to give all the deposit back.
Is it right?

being a tennant sucks sometimes! i'm going to pay for the full rent of Feb+next months (until i find someone) and loose my deposit if I move out before June :mad:

Your sub-letting is completely seperate to your lease with your landlord. Did your housemate sign anything?

It can suck being a tenant, but the laws are there to protect both parties.

There's a roommate database on daft.ie where you can find people wanting to share accommodation, you can also put up an ad if you so wish and if your Landlord gives you permission.