Am I entitled to my deposit back?

manoone89

So in the last two weeks, I have moved into an apartment with two others. I haven't signed a lease but I did provide a month's rent in advance along with my deposit. I did say I would be there for six months but two days ago, I got a great job opportunity the other side of the country that I've decided to take but it starts immediately so I can't find someone to replace me.
I said this to the housemate who took my deposit and he says that he can't give me it back on such short notice. So am I entitled to my deposit back or not? even though I haven't signed anything.

punisher5112

I don't see you having any rights or if dealt in cash even worse.

You are leaving them with such short notice so you really have your question answered yourself.

spaceHopper

Will the newjob help with relocation. Basically you are walking out on them expect to lose deposit

CatFromHue

Did all 3 of you move in at once or did you move into the apartment where 2 people already lived?

El_Duderino 09

I'd say that you could reassign your lease but you don't have a lease so what's binding you to the place? They didn't offer you a contract so surely you have neither the rights or responsibility that a contract brings. You paid a months rent but I'd want everything else back.

Offer to help them get a new tenant but you can't reassign the lease because they didn't give you one

Greenmachine

You are legally entitled to jack without at least reassigning the lease. In all likely hood it should not be difficult to get someone else in particularly if this house is in Dublin, Wicklow, Meath, or Kildare or possibly some of the other city. No idea of the housing situation in other parts of the country.

El_Duderino 09

Greenmachine wrote: »

You are legally entitled to jack without at least reassigning the lease. In all likely hood it should not be difficult to get someone else in particularly if this house is in Dublin, Wicklow, Meath, or Kildare or possibly some of the other city. No idea of the housing situation in other parts of the country.

They didn't sign a lease so can they reassign it?

manoone89

CatFromHue wrote: »

Did all 3 of you move in at once or did you move into the apartment where 2 people already lived?

I moved in where the two people already live. I figured that I'm not entitled to it back but without anything signed, i wasn't sure of my rights in this situation.

El_Duderino 09

For that matter it doesn't say who OP is renting from. Could be a tenant or could be licensee. Who do you pay rent to OP?

Worst case scenario if they insist you reassign the lease so put ads up and take the first few decent replies. It's up to the others to decide on whether or not to accept them but you're in the clear.

manoone89

spaceHopper wrote: »

Will the newjob help with relocation. Basically you are walking out on them expect to lose deposit

Its a paid internship so that helps but it does make things difficult if i lose out on the deposit, which seems to be the case right now.

manoone89

El_Duderino 09 wrote: »

For that matter it doesn't say who OP is renting from. Could be a tenant or could be licensee. Who do you pay rent to OP?

Worst case scenario if they insist you reassign the lease so put ads up and take the first few decent replies. It's up to the others to decide on whether or not to accept them but you're in the clear.

I pay rent to a tenant in the apartment.

El_Duderino 09

manoone89 wrote: »

I pay rent to a tenant in the apartment.

OP is a lisencee with no contract and no obligation to stay. He's giving 2 weeks notice.

OP, you paid the first months rent so that's gone but you are fully entitled to your deposit (unless you break something).

I'm open to correction.

davo10

El_Duderino 09 wrote: »

OP is a lisencee with no contract and no obligation to stay. He's giving 2 weeks notice.

OP, you paid the first months rent so that's gone but you are fully entitled to your deposit (unless you break something).

I'm open to correction.

I thought you are only a "licencee" if the property owner also lived in the property. Sounds like op moved in with two other tenants.

foggy_lad

davo10 wrote: »

I thought you are only a "licencee" if the property owner also lived in the property. Sounds like op moved in with two other tenants.

If you are living with a person who is renting from the property owner/Landlord then you are their guest/licensee and have not got the same protections that a tenancy brings but also in this case the OP would be entitled to their deposit back in full but would have to go through the small claims court to get it.

davo10

foggy_lad wrote: »

If you are living with a person who is renting from the property owner/Landlord then you are their guest/licensee and have not got the same protections that a tenancy brings but also in this case the OP would be entitled to their deposit back in full but would have to go through the small claims court to get it.

That is subletting and most tenancy contracts prohibit this.

Op did another tenant move out before you moved in? Was your deposit given to the previous tenant who moved out, enlieu of their deposit?

MouseTail

This doesn't sound Ike a licencee arrangement to me, just one of the many arrangements where a group rent a house, and people move out and are replaced over the years, often having none of the original group left.
In such cases rent is always split, and who does the OP expect to pay his rent until his flatmates find someone?
Work with the other tenants to find a replacement asap, it shouldn't be difficult in Dublin, you should then get the deposit the new tenant gives (minus outstanding bills).

campingcarist

MouseTail wrote: »

This doesn't sound Ike a licencee arrangement to me, just one of the many arrangements where a group rent a house, and people move out and are replaced over the years, often having none of the original group left.
In such cases rent is always split, and who does the OP expect to pay his rent until his flatmates find someone?
Work with the other tenants to find a replacement asap, it shouldn't be difficult in Dublin, you should then get the deposit the new tenant gives (minus outstanding bills).

Although what you describe (people replacing tenants as standard practice), I lved in rented in the UK and when a tenant was replaced with a new tenant then a Deed of Assignment was signed, thus acknowledging the change of tenant. Without the Deed then anyone moving in would have been the equivalent of a licensee.

If the landlord does not know of the change of tenant (and references checked by the landlord) then the new person would be a licensee, would he not?