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Paying deposit back

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  • 09-01-2015 10:05am
    #1
    capefear
    Registered Users Posts: 772 ✭✭✭


    Hi guys

    I rented out a room and a person took the room but after two days the person has decided to move out as it's to far from her friends.

    Now she hasn't given a full months notice which is fine. She is moving out a week after giving her notice and has paid her rent up to the end of jan.

    She is looking for her deposit back the day she moves out but I always assumed you get your deposit back at the end of the month or when you get a replacement tenant whichever happens soonest.

    Thanks for any feedback


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    #2
    pwurple
    Closed Accounts Posts: 12,449 ✭✭✭✭pwurple


    It's at your discretion really, I assume there was no written agreement or lease here, as you are happy with 1 weeks notice.

    Nothing to do with getting a replacement tenant. I give the deposit back after checking everything thoroughly for damage, and settling any utility bills.


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    #3
    capefear
    Registered Users Posts: 772 ✭✭✭capefear


    She was meant to give a months notice but only gave three weeks and has decided to leave early. So she has paid the rent up til the end of the month which is fine, she just won't be sleeping there.


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    #4
    Mrs OBumble
    Registered Users Posts: 25,743 ✭✭✭✭Mrs OBumble


    IMHO, she gets the deposit when she gives you the keys back and you have checked the place for damage.

    Anything else is you being unnecessarily difficult.


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    #5
    Penny Tration
    Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    Has she rented a room in a home that you also live in? If so, neither she nor you really need to give any notice AFAIK


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    #6
    andrea1983
    Registered Users Posts: 167 ✭✭andrea1983


    I think you should ignore the legalities and do what feels right. Obviously this person has made a mistake and in fairness it seems the most reasonable course would be to pay back the deposit as soon as possible, though obviously if this causes you hardship, you could ask if he/she could perhaps wait a little while.


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    #7
    SteM
    Registered Users Posts: 6,586 ✭✭✭SteM


    capefear wrote: »
    Hi guys

    I rented out a room and a person took the room but after two days the person has decided to move out as it's to far from her friends.

    Now she hasn't given a full months notice which is fine. She is moving out a week after giving her notice and has paid her rent up to the end of jan.

    She is looking for her deposit back the day she moves out but I always assumed you get your deposit back at the end of the month or when you get a replacement tenant whichever happens soonest.

    Thanks for any feedback

    Why should she have to wait until you find a replacement tenant? Just check for damage and give her deposit back then. Should be a quick process for both of you.


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    #8
    Eldarion
    Registered Users Posts: 484 ✭✭Eldarion


    I get the impression the OP might possibly have spent the deposit and is now unable to return it to the tenant until the end of the month. Another sterling example of why deposits, due to their very nature, should be kept in escrow.


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    #9
    Baby01032012
    Registered Users Posts: 1,622 ✭✭✭Baby01032012


    Above is not a landlord tenant situation so doesn't fall under legislation. It comes under fairness... I'd give deposit back when she is leaving. It's up to you OP.


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    #10
    hdowney
    Registered Users Posts: 12,921 ✭✭✭✭hdowney


    I have to echo what has already been said, check for damages, settle up any bills and then pay the deposit back when she hands back the keys.


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    #11
    capefear
    Registered Users Posts: 772 ✭✭✭capefear


    yes the OP can afford to pay back the deposit :-).


    The reason I ask is because the whole point of a months notice is that its suppose to be a months notice, not I give you a months notice but Im moving out early so its really only a weeks notice.


    I know if I was to tell the landlady Im giving my months notice but actually Im moving out a two weeks early give me my deposit back early she will tell me to go f##k myself because the agreement is a months notice.


    Im trying to be fair to her and me and if the shoe was on the other foot I would expect the following, she paid for a month till end of Jan, so she keeps the keys till the end of Jan as thats when her tenantcy ends, its up to her weather she stays there or not. If in the meantime I get someone in I pro rata the rent and get back the keys and pay her the rent overpaid and the deposit, if I dont get some one in by the end of the month, I get the keys of her on the last day of the month and she gets her deposit back, there no point charging her bills as she wasnt there long.


    Thats what I would expect if the shoe was on the other foot, that a months notice means a months notice or have I got it all wrong.


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    #12
    Mrs OBumble
    Registered Users Posts: 25,743 ✭✭✭✭Mrs OBumble


    Normally when someone gives notice in this sort of situation, you want them out ASAP, and they want out ASAP. So early departure is a win on both sides

    I've never had success getting a replacement while the last tenant is still in the room: it's too hard to get a good look at the room and what does/doesn't come with it while someone else's stuff is there.

    The month's notice is really just to give you time to schedule looking for a replacement.

    Insisting on keeping the deposit until the end of the month means that you and the lodger / licensee / whatever-you-call-them have to have contact again at the end of the month instead of finishing up when they move out. Depending on the situation, I might even call this bullying (and that's not a word I use lightly).


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    #13
    SteM
    Registered Users Posts: 6,586 ✭✭✭SteM


    capefear wrote: »
    .....
    Now she hasn't given a full months notice which is fine.
    capefear wrote: »
    ....
    The reason I ask is because the whole point of a months notice is that its suppose to be a months notice, not I give you a months notice but Im moving out early so its really only a weeks notice.


    I know if I was to tell the landlady Im giving my months notice but actually Im moving out a two weeks early give me my deposit back early she will tell me to go f##k myself because the agreement is a months notice.


    Im trying to be fair to her and me and if the shoe was on the other foot I would expect the following, she paid for a month till end of Jan, so she keeps the keys till the end of Jan as thats when her tenantcy ends, its up to her weather she stays there or not. If in the meantime I get someone in I pro rata the rent and get back the keys and pay her the rent overpaid and the deposit, if I dont get some one in by the end of the month, I get the keys of her on the last day of the month and she gets her deposit back, there no point charging her bills as she wasnt there long.


    Thats what I would expect if the shoe was on the other foot, that a months notice means a months notice or have I got it all wrong.

    It's either fine with you or it's not fine with you. Your first post says it is, the second post suggests that it's not.

    The rent is a separate issue as far as I'm concerned. If she is going to get her full deposit back anyway then why not give it to her now rather than down the line?

    It's up to you but it seems from your second post you're not fine with her giving less that 1 month's notice so you're holding the deposit back for that reason.


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    #14
    capefear
    Registered Users Posts: 772 ✭✭✭capefear


    Hi Guys


    sorry for the confusion. Im ok with the months notice which she gave me on tues the 6th, she only told me this morning that she is leaving next tues and is looking for her deposit back the day she leaves, (thats where the weeks notice comes from).


    I try to be as fair as I can with everone I deal with and to me a month is a month but as you guys mention above its probably just best to give it to her and put it down to experience and try to pick better next time round.


    SteM, Mrs OBumble, hdowney, Baby01032012, Eldarion, andrea1983, Jingle_Balls & pwurple thanks a million for the replys.


    CF


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    #15
    SteM
    Registered Users Posts: 6,586 ✭✭✭SteM


    capefear wrote: »
    Hi Guys


    sorry for the confusion. Im ok with the months notice which she gave me on tues the 6th, she only told me this morning that she is leaving next tues and is looking for her deposit back the day she leaves, (thats where the weeks notice comes from).


    I try to be as fair as I can with everone I deal with and to me a month is a month but as you guys mention above its probably just best to give it to her and put it down to experience and try to pick better next time round.


    SteM, Mrs OBumble, hdowney, Baby01032012, Eldarion, andrea1983, Jingle_Balls & pwurple thanks a million for the replys.


    CF



    It's a real lottery and one that I'm glad I don't have to take part in. I've had friends let rooms in their houses who have had bad experiences, all they can do is start over and hope for the best next time.

    If you're going to continue to let a room in your home, one things I would suggest for the future is to change the lock on your front door to a type that you can't have duplicate keys made for. Something like this...

    http://www.mul-t-lock-online.com/store/index.php?dispatch=pages.view&page_id=9

    It would give you a certain piece of mind when they had the key back when they move out.


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