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Will the deposit be returned?

  • 04-01-2013 9:41am
    #1
    Registered Users, Registered Users 2 Posts: 28


    Hi everyone! We have agreed to land property for a year but want to move out earlier. According to the lease agreement if we want to move out earlier we can give the landlord a 42-day notice,but nothing is said about the deposit.Does the landlord have the right to keep it provided that the notice period is very long?
    Thanks:)


Comments

  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    It depends on how the lease is worded.


  • Registered Users, Registered Users 2 Posts: 555 ✭✭✭Xeyn


    As above.
    Sounds like there might have been a break lease clause in the lease agreement. Was there?


  • Registered Users, Registered Users 2 Posts: 28 Akiv89


    Yes, there is a break lease clause which says: "the tenant may terminate tenancy agreement at any time without stating the grounds by serving written notice to the landlord."

    The notice period depends on the duration of tenancy. In our case - it is 42 days. There is no mentioning of security deposit.
    So the question would be - is landlord obliged to return a deposit if there was no breach of lease agreement obligations on our part?


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    In that case I would expect the deposit to be returned, yes. Probably best to consult with th landlord to clarify and gauge their intentions.


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