Landlord not returning deposit

tommydd

Signed a lease with a landlord, but had to terminate the lease early due to unforeseen circumstances, am I entitled to my deposit back? It stated nothing on the lease about the deposit and now I am getting no response from them.

On a side note I discovered that the tenancy was not registered with the private residential tenancy board,what effect will that have on getting my deposit back, I have copy of lease, text messages from landlord looking for rent and bank statements showing the transactions.

The_Conductor

By all means lodge a case with the PRTB- the fact that the tenancy is not registered has no bearing on you lodging a case.

If you hae signed a lease though- you are liable for rent for the period of the lease (or until such time as the property is let to a new tenant for at least the rent you were paying). If its not let promptly- your deposit could easily vanish.

All of this aside- you are entitled to assign the lease to a new tenant (however, you are responsible for this- not the landlord- as you have an obligation towards the landlord that you are seeking to assign to a third party.........)

Lux23

I thought you didn't get the deposit back if you broke the lease.

Eldarion

OP going down this road may well result in the landlord getting a fine for not registering the tenancy with the PRTB. It's not a lot but it's enough that it could spur the landlord to chase you for what you FULLY owe for the remainder of the lease. I think forfeiting your deposit and moving on would probably be your best course of action here.

Perhaps use it as an example that legally binding lease agreements aren't something to take lightly?

davo10

Eldarion wrote: »

OP going down this road may well result in the landlord getting a fine for not registering the tenancy with the PRTB. It's not a lot but it's enough that it could spur the landlord to chase you for what you FULLY owe for the remainder of the lease. I think forfeiting your deposit and moving on would probably be your best course of action here.

Perhaps use it as an example that legally binding lease agreements aren't something to take lightly?

I think I read on a thread here that LL can register a tenancy even after a complaint is made so it's doubtfull a fine would issued unless ll outright refuses to pay the registration.

Michael D Not Higgins

davo10 wrote: »

I think I read on a thread here that LL can register a tenancy even after a complaint is made so it's doubtfull a fine would issued unless ll outright refuses to pay the registration.

The landlord faces penalties for late registration of the tenancy.

Arbiter of Good Taste

OP, on what basis would you be filing a complaint with PRTB? You are the one who is breaking the lease. Whether or not the LL is PRTB compliant does not change that point.

You can offer to assign the lease and the landlord cannot reasonably withhold consent (and that doesn't mean you can assign to any Tom, Dick or Harry you meet on the street). But until you get to that point, I don't see what basis you have for a PRTB complaint. So don't jump the gun here.

garhjw

Michael D Not Higgins wrote: »

The landlord faces penalties for late registration of the tenancy.

The registration costs €180 instead of €90 if it's late...
As far as I know non registration only becomes an offense if the tenancy is not registered following the issuing of an enforcement notice.