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Returning deposit during Covid crisis

  • 13-04-2020 9:30am
    #1
    hobie21
    Registered Users Posts: 139 ✭✭


    Hi,

    If a tenant breaks a lease and without giving the required notice (a few days instead of a month) should the deposit or a portion of it be forfeit by the tenant. The apartment is still vacant a month after the tenant left.

    The tenant left the place in good condition. What do people this 100% refund, 50% or 0?

    Thoughts
    Tagged:


Comments

  • #2
    punisher5112
    Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    You have to give it back but can keep some for genuine expenses such as cleaning by pros to get back in order.


  • #3
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Reasons why a security deposit may be withheld

    --/snip/--

    If a tenant provides insufficient notice of their termination of the tenancy, or they terminate a fixed term tenancy before the end of the agreed term.
    Source: https://onestopshop.rtb.ie/beginning-a-tenancy/deposits/

    I understand there's an expectation that a landlord will try and mitigate the loss, e.g. re-letting the property asap. Not an easy thing to do in the current situation.


  • #4
    Salary Negotiator
    Closed Accounts Posts: 1,148 ✭✭✭Salary Negotiator


    If you haven’t been able to re-let the place then keep the portion of the depot to make up for the notice period not given, return the rest.

    So if they gave 10% of the notice period return 10% of the deposit.


  • #5
    Dav010
    Registered Users Posts: 13,982 ✭✭✭✭Dav010


    punisher5112 wrote: »
    You have to give it back but can keep some for genuine expenses such as cleaning by pros to get back in order.

    Are you sure about that?


  • #6
    dennyk
    Registered Users Posts: 1,641 ✭✭✭dennyk


    You can deduct from the deposit for lack of statutory notice. I don't know that there's a specific amount you can withhold, but I'd guess that an amount equal to the rent that would have been due from the time the tenant left and stopped paying rent until the time their statutory notice period or fixed term lease would have ended or the time you re-let the property, whichever is shorter, would probably be considered reasonable. If they quit paying rent and moved out, say, a couple days early, or if you had the place re-let less than a week after their early departure, I doubt the RTB would look kindly on you withholding the entire deposit, but if they left over a month early and you were legitimately unable to re-let the property during that month (which would usually a laughable notion, but not so much in the current situation, of course), then you might be justified in withholding their entire deposit (assuming it's equal to one month's rent).


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  • #7
    punisher5112
    Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    Dav010 wrote: »
    Are you sure about that?

    Better then over hold and get nothing....


  • #8
    Dav010
    Registered Users Posts: 13,982 ✭✭✭✭Dav010


    punisher5112 wrote: »
    Better then over hold and get nothing....

    The tenant is gone, more than a month ago. Insufficient notice is one of the reasons a deposit can be retained, the op does not “have to” give it back.


  • #9
    happydude742
    Registered Users Posts: 67 ✭✭happydude742


    If the place is in reasonably good condition with no breakages I'm not sure you can/should do this.

    Cleaners are a deductible on the annual tax bill. Not really tenants' issue (once place is returned reasonably okay)


  • #10
    hobie21
    Registered Users Posts: 139 ✭✭hobie21


    punisher5112 wrote: »
    You have to give it back but can keep some for genuine expenses such as cleaning by pros to get back in order.


    The lease specifically states that if the lease is prematurely cancelled and/or the proper months notice has not been given then the deposit is 100% forfeit.


    Regardless, the point is moot as I returned the deposit in full just now (as I always do)



    But I do think that you are wrong punisher.


  • #11
    Grumpypants
    Registered Users Posts: 7,740 ✭✭✭Grumpypants


    There was an update to the law pretty recently, you can keep the deposit to cover rent arrears.

    It used to be only for damage, which is why you will still see it mentioned. But if they took off and left you €800 short in the rent you can use the deposit to cover it.


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