Do I have a responsibility to find next tenant even though I give up my deposit?

MGJ90

I'm in situation which I should leave out my flat before fixed term.
I negotiated with my head tenant but he told me to give up my deposit.
I accepted that. Cause I know I did wrong and I wasn't responsible.

But also he's required me to find next tenant instead of me even I gave up my deposit already.
He threatened me like 'if you don't find next tenant you should pay for rent for next month. if you leave without doing that, I'm gonna accuse you to embassy.'

So... I've been looking for next tenant for 2 weeks but it's not easy because he only wants tenant who is from Korea. Now only 1 week left.

Should I really find another tenant for him even though I gave up my deposit? I think it so weird. I think if I give up my deposit, my responsibility as a tenant should disappear. Am I thinking in wrong way?

I wonder how do you guys think

TimeToShine

He isn't allowed impose where the tenant is from anyway. Your job is just to find someone who will take your room. If he wants someone from Korea then tell him to do it himself.

MGJ90

TimeToShine wrote: »

He isn't allowed impose where the tenant is from anyway. Your job is just to find someone who will take your room. If he wants someone from Korea then tell him to do it himself.

Thanks for your opinion!:)

I had talked with him for 3hours but he is bloody old stupid stubborn guy. He didn't hear anything from me...

Anyway

Actually, what I really want to know is if I have responsibility as a tenant even though I gave up my deposit. Do you have any opinion about it?

L1011

Giving up your deposit doesn't free you from any responsibilities. However, finding a tenant to assign the lease to does - from memory, if the landlord refuses them, that's not your problem.

TimeToShine

You probably are to be honest, although I fail to see how that can be enforced legally. What I'm sure of is that he has no right to impose a constraint like that.

the_syco

MGJ90 wrote: »

I negotiated with my head tenant but he told me to give up my deposit.

Is your name on the lease of the house, or is the "head tenant" subletting the room to you?

=-=

I'm guessing the Korean thing is so that he can argue to keep your deposit, as most of the time, the new tenant gives the deposit to the landlord, and the landlord gives the old tenant their deposit. Who did you give your deposit to when you moved in?

MGJ90

Thanks for your wisdom guys! Wish me luck please

Happy new year even it's quite late!

MGJ90

the_syco wrote: »

Is your name on the lease of the house, or is the "head tenant" subletting the room to you?

=-=

I'm guessing the Korean thing is so that he can argue to keep your deposit, as most of the time, the new tenant gives the deposit to the landlord, and the landlord gives the old tenant their deposit. Who did you give your deposit to when you moved in?

I suppose it's the second one. He rent whole 3rd floor of apartment(there are 3 rooms) from somebody(probably the landlord) and sublet the rooms to me and other tenants. That's why I call him head tenant.
I gave my deposit to my head tenant.

StickyIcky

If you move out early they'll keep your deposit but what else could they do? I'd say keep my deposit but if you want another tenant find one yourself. Just pack your stuff and go. Once you're gone what are they gonna do?

Atticus Jung

There is something about a 30 day notice to terminate a lease? If you gave him 30 days notice, it should be up to him to find a new tenant.

From here. http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

Tenants can terminate a tenancy without giving a reason but must give notice.
Less than 6 months - 4 weeks (28 days)
6 months to 1 year - 5 weeks (35 days)

MGJ90

StickyIcky wrote: »

If you move out early they'll keep your deposit but what else could they do? I'd say keep my deposit but if you want another tenant find one yourself. Just pack your stuff and go. Once you're gone what are they gonna do?

lol yeah actually i've been considering to leave without telling them. But i'm not sure if that's a good way to solve this problem. He has my G.N.I.B number so there is some possibility that he would sue me and we can encounter at somewhere. I don't want to make it longer and more serious and uncomfortable even though I can win at court...

however I'll probably run away from that bloody hell house when there is no solution after contact to Embassy... so you are right genius thanks!

MGJ90

Atticus Jung wrote: »

There is something about a 30 day notice to terminate a lease? If you gave him 30 days notice, it should be up to him to find a new tenant.

From here. http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

Tenants can terminate a tenancy without giving a reason but must give notice.
Less than 6 months - 4 weeks (28 days)
6 months to 1 year - 5 weeks (35 days)

Thanks for good information! But actually I think I gave them about 20 days notice... but they say

'If you rent a room in your landlord's home and live with your landlord, you are not covered by the Residential Tenancies Act 2004.'

and i'm living in their house with them.
It's so complicated isn't it?

murphaph

It sounds like you are a licensee rather than a tenant. Your head landlord most likely doesn't have permission to sublet. It's generally prohibited in Irish leases.

The request that the replacement tenant be Korean is ridiculous. Realistically you can probably just walk away from this. The Korean embassy won't care and neither will the Gardaí. Purely a civil matter.

lau1247

did you sign anything when he sublet the room to you?? I think he got nothing on you if you have not sign anything to tie you down for the period he is sub letting.

djimi

As a licensee you have no rights and no obligations. The only hold he has over you is the deposit, and if you are prepared to forfeit that then he can make all the threats that he likes but in reality he will not be pursuing you any further once you leave.

I wouldnt worry about the embassy; I really think they have better things to be worrying about than getting involved in some petty tenancy dispute!

TimeToShine

StickyIcky wrote: »

If you move out early they'll keep your deposit but what else could they do? I'd say keep my deposit but if you want another tenant find one yourself. Just pack your stuff and go. Once you're gone what are they gonna do?

This was what I was hinting at really, if you aren't too concerned about the deposit then just up and go. No point worrying about it. If he's sub-letting like it sounds then I think he's responsible to find a tenant, not you.

runawaybishop

If its an illegal sublet then the OP has no rights or obligations.