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Deposit

  • 14-10-2014 7:57am
    #1
    Registered Users, Registered Users 2 Posts: 7,607 ✭✭✭


    If you give a landlord a deposit but change your mind before signing the lease. Should the landlord give you back your deposit? There was 48 hrs between paying the deposit and changing the mind.

    Thanks


Comments

  • Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    If you give a landlord a deposit but change your mind before signing the lease. Should the landlord give you back your deposit? There was 48 hrs between paying the deposit and changing the mind.

    Thanks

    Security deposit, or deposit for the house? Did you sign a lease?


  • Registered Users, Registered Users 2 Posts: 7,607 ✭✭✭Meauldsegosha


    Security deposit, or deposit for the house? Did you sign a lease?

    Deposit for a room in a houseshare. No lease signed.


  • Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    Deposit for a room in a houseshare. No lease signed.

    Iirc, all the landlord can deduct is the cost of re-advertising, or lost rent until he/she sources a new tenant, which won't be long if it's in Dublin.


  • Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    If the landlord lives in the house, though, you can leave with little/no notice, with entitlement to your full deposit back, barring costs for damages/bills (which wouldn't be applicable to you).


  • Registered Users, Registered Users 2 Posts: 7,607 ✭✭✭Meauldsegosha


    Iirc, all the landlord can deduct is the cost of re-advertising, or lost rent until he/she sources a new tenant, which won't be long if it's in Dublin.


    Thanks I'll let my friend know. He viewed the room last Thursday and paid the deposit Saturday and changed his mind yesterday after meeting some of the other tenants. He was told all the tenants were working but two of them only started college this year.


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  • Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    Thanks I'll let my friend know. He viewed the room last Thursday and paid the deposit Saturday and changed his mind yesterday after meeting some of the other tenants. He was told all the tenants were working but two of them only started college this year.

    If some of the tenants aren't working, and he was told they were, I'd be arguing that with the landlord to get the full money back.


  • Registered Users, Registered Users 2 Posts: 7,223 ✭✭✭Michael D Not Higgins


    Was it a holding deposit to secure the room which is typically a couple hundred Euro or was it a full month's rent as a security deposit? A holding deposit is usually non-refundable, however what was said when the money was handed over is key as there is no written agreement.


  • Registered Users, Registered Users 2 Posts: 7,607 ✭✭✭Meauldsegosha


    Was it a holding deposit to secure the room which is typically a couple hundred Euro or was it a full month's rent as a security deposit? A holding deposit is usually non-refundable, however what was said when the money was handed over is key as there is no written agreement.

    He gave two months rent as deposit on Saturday 11th. The landlord agreed to paint the room before my friend moved in on Saturday 18th. On Sunday the landlord emailed my friend a copy of the lease. My friend called around yesterday to meet the other tenants and check the room dimensions again. When there he found out two of the tenants were first year college students and he doesn't want to live with college students.


  • Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    He gave two months rent as deposit on Saturday 11th. The landlord agreed to paint the room before my friend moved in on Saturday 18th. On Sunday the landlord emailed my friend a copy of the lease. My friend called around yesterday to meet the other tenants and check the room dimensions again. When there he found out two of the tenants were first year college students and he doesn't want to live with college students.

    Was it two months rent deposit or one month plus the first month 's rent?


  • Registered Users, Registered Users 2 Posts: 5,063 ✭✭✭Greenmachine


    My initial reaction was your friend wouldn't have an entitlement simply because it appeared he had changed his mind. After reading the rest of the details, I would say the landlord has mis-sold it claiming that everyone living there was a professional.


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  • Registered Users, Registered Users 2 Posts: 7,607 ✭✭✭Meauldsegosha


    athtrasna wrote: »
    Was it two months rent deposit or one month plus the first month 's rent?

    Sorry it was one month plus the first months rent.


  • Registered Users, Registered Users 2 Posts: 7,223 ✭✭✭Michael D Not Higgins


    Were they working and then went back to college? Could be the landlord thought they were still working


  • Registered Users, Registered Users 2 Posts: 7,607 ✭✭✭Meauldsegosha


    No they are still in their teens and only moved in last month. One of the other tenants told my friend that he was thinking of moving out for a while and them moving in made up his mind.

    The landlord has now told my friend that he will give him back half his money.


  • Users Awaiting Email Confirmation Posts: 5,620 ✭✭✭El_Dangeroso


    No they are still in their teens and only moved in last month. One of the other tenants told my friend that he was thinking of moving out for a while and them moving in made up his mind.

    The landlord has now told my friend that he will give him back half his money.

    Tell your friend to demand all his money back. And if not take the landlord to small claims court, since no tenancy was created (no lease was signed) this is out of the remit of the prtb.


  • Registered Users, Registered Users 2 Posts: 7,607 ✭✭✭Meauldsegosha


    A quick update - some strongly worded emails were sent yesterday and today and there was mention of the small claims court. About two hours ago my friend got his deposit back. :)

    Thanks for the advice guys. Mods you can close the thread.


  • Users Awaiting Email Confirmation Posts: 5,620 ✭✭✭El_Dangeroso


    That's great news, nice to hear a happy ending!


  • Registered Users, Registered Users 2 Posts: 26,295 ✭✭✭✭Mrs OBumble


    No they are still in their teens and only moved in last month. One of the other tenants told my friend that he was thinking of moving out for a while and them moving in made up his mind.

    The landlord has now told my friend that he will give him back half his money.


    So what? Teenagers can have jobs too.

    IMHO it was very stupid of your friend to agree to anything before meeting the housemates.

    A very expensive lesson, but one he won't forget I'd imagine.


  • Registered Users, Registered Users 2 Posts: 7,607 ✭✭✭Meauldsegosha


    So what? Teenagers can have jobs too.

    IMHO it was very stupid of your friend to agree to anything before meeting the housemates.

    A very expensive lesson, but one he won't forget I'd imagine.

    If you read post #16 you'll see he got his deposit back. The landlord misadvertised the room as suitable for professionals and told my friend the other tenants were working professionals. Yes my friend was probably too trusting and a little naive but the landlord was clearly in the wrong here.


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