Rental deposit when moved in and out on same day

pudgeydev

Hi all,

Hoping for some advice here.

Myself and the OH found a nice apartment to rent 2 weeks back. We set today as the date to move in.

We have paid deposit last week.

We paid one month rent and signed the 12 month lease today and started to move our things.

Then, we came across our neighbours, turns out they are people that my OH has had problems with where she works (shoplifters, causing hassle etc.) so no way would she be comfortable living there.

We moved all our things out and called the letting agent immediately to let them know.

Understandably they were non too pleased - they have lost out on what they thought was a tenant for 12 months. They highlighted that they had held the property for 2 weeks and that deposit and month's rent was paid. I get that they are not happy but my question is this:

Are they entitled to keep our deposit and one month rent (€1700 total)?

I would have thought there would be a cooling off period, although not mentioned in the legal agreement.

Thanks for your help and advice!

The_Morrigan

Cooling off periods only apply if they are in a legal contract otherwise you'd have people trying to get out of stuff all the time it would be madness.

As for your deposit and rent, I'd expect you to get half the €1700 back as technically you must give notice to terminate the lease.

Pro Hoc Vice

pudgeydev wrote: »

Hi all,

Hoping for some advice here.

Myself and the OH found a nice apartment to rent 2 weeks back. We set today as the date to move in.

We have paid deposit last week.

We paid one month rent and signed the 12 month lease today and started to move our things.

Then, we came across our neighbours, turns out they are people that my OH has had problems with where she works (shoplifters, causing hassle etc.) so no way would she be comfortable living there.

We moved all our things out and called the letting agent immediately to let them know.

Understandably they were non too pleased - they have lost out on what they thought was a tenant for 12 months. They highlighted that they had held the property for 2 weeks and that deposit and month's rent was paid. I get that they are not happy but my question is this:

Are they entitled to keep our deposit and one month rent (€1700 total)?

I would have thought there would be a cooling off period, although not mentioned in the legal agreement.

Thanks for your help and advice!

Not only don't you get the money back but landlord can if he does not let the property sue you for the remaining 11 months. Its a lot of money to throw away in such a situation.

The_Morrigan

What did the letting agents say when you spoke to them?

pudgeydev

The_Morrigan wrote: »

What did the letting agents say when you spoke to them?

Not happy. I know it's a lot of money but she has to deal with them and the public every day and is not comfortable with that situation.

Disaster!

The_Morrigan

pudgeydev wrote: »

Not happy. I know it's a lot of money but she has to deal with them and the public every day and is not comfortable with that situation.

Disaster!

I get that they are not happy - but what did they say about the lease, deposit and rent?

pudgeydev

The_Morrigan wrote: »

I get that they are not happy - but what did they say about the lease, deposit and rent?

Re-emphasised that we had paid deposit and a month in advance. Told me that she'd have to speak with the landlord and would probably not be back to me until Tuesday. I can fully see and understand their situation. So I'm over a barrel here?
Has anyone had similar experience on either side?

Pro Hoc Vice

pudgeydev wrote: »

Re-emphasised that we had paid deposit and a month in advance. Told me that she'd have to speak with the landlord and would probably not be back to me until Tuesday. I can fully see and understand their situation. So I'm over a barrel here?
Has anyone had similar experience on either side?

Your best bet might be to agree to find a new Tenant for them, in the mean time move in and see if it works out its only a year. Also why its important to insert a 6 month break clause into any lease.

I understand the problem but this is life and sometimes we all have to live near people we don't like.

pudgeydev

The_Morrigan wrote: »

I get that they are not happy - but what did they say about the lease, deposit and rent?

Re-emphasised that we had paid deposit and a month in advance. Told me that she'd have to speak with the landlord and would probably not be back to me until Tuesday. I can fully see and understand their situation. So I'm over a barrel here?
Has anyone had similar experience on either side?

pudgeydev

Thanks. I'll see what they come back with on Tuesday. Just finished moving back out again. Messy situation.

murphaph

Strictly speaking you're liable for the rent until the 12 months are up so long as the LL can't find another suitable tenant but the LL isobliged to make a genuine effort and not to unduly delay that effort. If you get ANY money back you will have to count yourself lucky, not only to have gotten something back but also not to be on the hook for further rent (which you are currently, having signed a lease). Best of luck, understand that it's a tricky situation.