Refund half of the Security Deposit?

Bahamut

Hi everyone

I have a situation with a co tennant who wants to leave a 12 month lease agreement early and wants their half of the security deposit back. My question is, can the tennant force me to pay them the 400 Euro back to them, even though they are withdrawing from the contract early?

I am in a rather bad position at the moment as my rent is already going to double when they do leave and the 400 Euro will just be too much to pay at this moment in time

Thanks in advanced for any feedback in regards to this issue.

fasttalkerchat

The security deposit is between the tenant and the landlord. Also the landlord may not give him back any security deposit since he's leaving early.

StillWaters

Who is the lessee? - Whose name is one the lease?

miller50841

Hi don't hand over any money if both your names are on the lease then tell them they will have to find someone to take their place or else both talk to the landlord and tell them the story especially if you can't afford to take on the extra rent payment.

Bahamut

StillWaters wrote: »

Who is the lessee? - Whose name is one the lease?

Both our names are on the lease.

miller50841 wrote: »

Hi don't hand over any money if both your names are on the lease then tell them they will have to find someone to take their place or else both talk to the landlord and tell them the story especially if you can't afford to take on the extra rent payment.

I can afford the full rent cost for the time being, I just cant afford the 400 Euro that my room mate is demanding from me from the security policy on this 12 month fixed term contract

CiaranC

What an idiot. Why would you give him 400 euro. Refer him to your landlord.

miller50841

DEFO don't hand him it back go on the attack at him that you can't afford the rent if they move turn it around

I get you can afford but don't

CiaranC

miller50841 wrote: »

DEFO don't hand him it back

Hand it back? The other tenant didnt give him any money, he gave it to the landlord.

Bahamut

The thing im worried about mainly is that if there is a way that he can get 400 Euro back from the security deposit via the landlord. Will the landlord then chase me up to 'restock' the deposit back to 800 euros?

I didnt think that my room mate would be able to claim anything back as I thought that he would be forfeiting the deposit by terminating his side of the contract early.

the_syco

I'm thinking he may be trying to get it from you, as he can't get it from the landlord?

Graces7

Bahamut wrote: »

The thing im worried about mainly is that if there is a way that he can get 400 Euro back from the security deposit via the landlord. Will the landlord then chase me up to 'restock' the deposit back to 800 euros?

I didnt think that my room mate would be able to claim anything back as I thought that he would be forfeiting the deposit by terminating his side of the contract early.

As others have said, this is between him and the landlord. Please do not worry so much, and stand firm.

Any fresh deposit is then surely between landlord and new tenant. And as your mate is forfeiting, this should not arise anyways.

The word here is a simple NO.;)

Sligo1

Hi Bahamut,

As others here have previously said, your co-tenants deposit is not your responsibility. The 400 Euros is between him/her and the landlord. In fact, I actually think he/she has an absolute cheek to be asking you for the money to cover it. I understand the situation in that, Your co-tenant thinks because you will be stayin gin the house, you should be paying the full deposit, therefore, handing him his half back. However, that was not the initial agreement.

He/she is breaking the lease/agreement. If you were both to move out at this time, chances are you would both lose your deposit.... therefore, why should he/she get their deposit back just because you have decided to stay and honour the lease/agreement?

I understand your worry about the landlord perhaps coming to you for the remainder of the money if the landlord decides to give the deposit back. Technically if your co-tenant decides to break the lease and you are happy to stay in the house and pay any future rent until the end of the lease, I would think, the landlord should retain the deposit from your co-tenant.

Either way, this 400 Euros has absolutely nothing to do with you and I really hope you stand up for yourself and say no! If your co-tenant confronts you or gets annoyed just tell him/her you dont have the money and it is a matter to be discussed with the landlord. If you dont have the money to give him/her there is not much elase he/she can do. End of.

Bahamut

Thanks for all the helpful advice with this issue. I will update this thread in the near future to let you all know how I go on with this

Thanks again everyone for being such great support

Aye Bosun

OP, your house mate and you signed a legally binding document which states quite clearly the move in and move out date. Your house mate is leaving before the move out date therefore is breaking the lease and foregoing his deposit, the landlord is fully within his rights to chase your housemate for any outstanding rents until the end of the lease period if that retained deposit does not cover it. The only way you can leave a fixed term lease is to reasign it with the landlords permission.

Don't be a pushover OP, stand your ground, contact the landlord yourself and explain the situation to him/her. It is your housemate who is not complying with the terms of the lease not you.

I strongly suggest you visit http://www.citizensinformation.ie/en/housing/renting_a_home/ and understand your rights and obligations as a tenant.

sunnysoutheast

Bahamut wrote: »

Thanks for all the helpful advice with this issue. I will update this thread in the near future to let you all know how I go on with this

Thanks again everyone for being such great support

Only return the deposit if you are replacing your flatmate with someone else.

I believe tenants on a lease are jointly and severally responsible for the rent.

SSE