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Tenant breaking fixed term lease

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  • 31-01-2015 1:55pm
    #1
    need-it
    Registered Users Posts: 49 ✭


    Tenant moved in on a 9 month lease. 5 Months in they say they are moving out as not getting along with the other tenant. No if, buts, maybes... moving out, simple as.

    They are not finding a replacement tenant, I am. Spent a few €€ on advertising.

    They are set to move out in a few days. So far, haven't been able to find a tenant to replace them.

    Other tenant has shown where tenant in question has damaged some cutlery, put marks on the ceiling and wall from posters, burned a light-fitting due to hanging a paper-maché thing (removed before causing a fire, thankfully). So cutlery will need to be replaced and the bedroom painted.

    Now they are asking about getting their deposit back? Given that they are breaking a fixed term lease, am I entitled to keep the deposit? Repairs / replacing items will be about 50% of the deposit, along with advertising fees etc. - If i'm obliged to return what's left of the deposit, no problem... but not sure if I am obliged as I thought the point of the deposit was to ensure the contract is fulfilled.

    (Yes, i'll keep receipts of items needing replacing / repair)

    Thanks


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    #2
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,278 Mod ✭✭✭✭The_Conductor


    You are entitled to deduct the cost of any damage over and above normal wear and tear- from their deposit. You are not allowed to put a monetary value on your time and labour to bring the property back to let-able condition- however, if you hire someone to do so- the cost is entirely allowable as an expense (though you will need proper receipts in case it is challenged).


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    #3
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    need-it wrote: »
    Tenant moved in on a 9 month lease. 5 Months in they say they are moving out as not getting along with the other tenant. No if, buts, maybes... moving out, simple as.

    They are not finding a replacement tenant, I am. Spent a few €€ on advertising.

    They are set to move out in a few days. So far, haven't been able to find a tenant to replace them.

    Other tenant has shown where tenant in question has damaged some cutlery, put marks on the ceiling and wall from posters, burned a light-fitting due to hanging a paper-maché thing (removed before causing a fire, thankfully). So cutlery will need to be replaced and the bedroom painted.

    Now they are asking about getting their deposit back? Given that they are breaking a fixed term lease, am I entitled to keep the deposit? Repairs / replacing items will be about 50% of the deposit, along with advertising fees etc. - If i'm obliged to return what's left of the deposit, no problem... but not sure if I am obliged as I thought the point of the deposit was to ensure the contract is fulfilled.

    (Yes, i'll keep receipts of items needing replacing / repair)

    Thanks
    You can insist that they pay the rent due right up to the time you find new tenants then deduct from the deposit for damages and costs incurred finding a new tenant.


  • Options
    #4
    shruikan2553
    Closed Accounts Posts: 6,113 ✭✭✭shruikan2553


    I believe you can use the deposit to cover the rent until a replacement is found. If you had someone moving in the day after he/she leaves then you couldn't but if it took a month then you could keep all of it. Would double check first though.


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    #5
    the world wonders
    Registered Users Posts: 489 ✭✭the world wonders


    need-it wrote: »
    / replacing items will be about 50% of the deposit, along with advertising fees etc. - If i'm obliged to return what's left of the deposit, no problem... but not sure if I am obliged as I thought the point of the deposit was to ensure the contract is fulfilled
    You can only use the deposit to cover your actual costs incurred i.e. you can't retain the entire €1000 deposit if the tenant breaks a teacup worth €5. Source: Residential Tenancies Act 2004 Section 12(4):
    12.—(1) In addition to the obligations arising by or under any other enactment, a landlord of a dwelling shall—

    ...

    (d) subject to subsection (4), return or repay promptly any deposit paid by the tenant to the landlord on entering into the agreement for the tenancy or lease,

    ...

    (4) Subsection (1)(d) applies and has effect subject to the following provisions:


    (a) no amount of the deposit concerned shall be required to be returned or repaid if, at the date of the request for return or repayment, there is a default in—


    (i) the payment of rent and the amount of rent that is in arrears is equal to or greater than the amount of the deposit, or


    (ii) compliance with section 16 (f) and the amount of the costs that would be incurred by the landlord, were he or she to take them, in taking such steps as are reasonable for the purposes of restoring the dwelling to the condition mentioned in section 16 (f) is equal to or greater than the amount of the deposit,


    (b) where, at the date of the request for return or repayment, there is a default in the payment of rent or compliance with section 16 (f) and subparagraph (i) or (ii), as the case may be, of paragraph (a) does not apply, then there shall only be required to be returned or repaid under subsection (1)(d) the difference between the amount of rent that is in arrears or, as appropriate, the amount of the costs that would be incurred in taking steps of the kind referred to in paragraph (a)(ii).


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