# Do I have to give deposit back



## dodo (8 Aug 2006)

Have renter's in 4 months left on 1 year period stated by contract signed by both party's, they might be leaving do I have to give back deposit of 1 month or am I in my rights to keep it.


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## Eurofan (8 Aug 2006)

dodo said:
			
		

> Have renter's in 4 months left on 1 year period stated by contract signed by both party's, they might be leaving do I have to give back deposit of 1 month or am I in my rights to keep it.



Good grief what does it say on the contract? Bit of a pointless question really (contracts do differ you know and we're not psychic... though i wonder about my better half sometimes  )


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## Howitzer (8 Aug 2006)

Simply let the PRTB decide. You are registered aren't you?


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## dodo (9 Aug 2006)

Eurofan said:
			
		

> Good grief what does it say on the contract? Bit of a pointless question really (contracts do differ you know and we're not psychic... though i wonder about my better half sometimes  )


Sorry should have said contract state's if they do not stay for the year I can keep deposit for loss of rent ,and putting back on the internet,daft.ie for re renting , They have been no problem while staying there ,I know I can keep it by law just wondering does everybody keep deposit or say you get someone in straight away no loss of cash, Would it be immoral to keep it if you dont have lose out, Or is it tough on them , so maybe this is not the right section for this Question


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## liteweight (9 Aug 2006)

If the tenants don't mind you showing people around while they're still there, and you manage to rent it without a void period, then I'd give it back. I would, however, deduct the cost of advertising, cleaning etc. Just make sure it doesn't cost you anything. Live and let live eh?


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## Cityliving (10 Aug 2006)

I agree I am experienceing the same issue with tenants who have to leave due to work visa issues. They were great tenants and have been very accomodating with viewings and fixed door handles etc without mention to me. I could keep it but I think the spirit of the PRTB act regarding breaking of leases early is that if you can rent it and not be at a loss then give it back and let it be.


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## Lorz (10 Aug 2006)

dodo said:


> ... say you get someone in straight away no loss of cash, Would it be immoral to keep it if you dont have lose out, Or is it tough on them


 
What about your time and effort - the inconvenience in having to re-advertise and make yourself available for viewings?  Afterall if they had fulfilled their part of the contract, you would not be looking for new tenants for another 4 months! JMO!


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## liteweight (10 Aug 2006)

The only thing I would add is that if the tenant only told me a week before they intended moving or if that move was going to be around Christmas, it might be a problem getting another tenant and in that case, I'd keep the deposit.


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## Lorz (10 Aug 2006)

Also, I don't do viewings or advertise while the existing tenant is still there - I find it's too difficult to liase with 3 parties and ensure that the property is clean and tidy.


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## whackin (10 Aug 2006)

If it inconveniences you greatly keep it, but if it doesn't you ahve no reason ot keep the deposit. Sure you might ahve to advertise and clean the palce but you would ahve had to do that in 4 months time anyway, so  it's not really an extra cost, merely an earlier one!
Be nice!


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## Howitzer (10 Aug 2006)

It may not be a case of whether you should give the deposit back to your tenants. If your tenants disagree with your reasoning for keeping their deposit, or any portion of it, they are perfectly within their rights to take you through the PRTB dispute resoltuion process whether you want to or not. I know most landlords would prefer not to go down this route for one reason or another.


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## liteweight (11 Aug 2006)

I don't think it will matter at the end of the day, whether the tenant agrees with your reasoning or not. If the lease clearly states that it is a 12 month tenancy, the landlord is entitled to keep the deposit. Effectively it's a breach of contract. The tenants obviously agreed to this when they signed.


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## Pegasus (11 Aug 2006)

What about asking the tenant to find new tenants who you can then vet yourself. You don't waste any time and if they can't find anyone they will understand why you will need to keep the deposit to cover vacant period. If they find someone and you haven't had to pay an agent etc. you can just give back the deposit then.
They've signed the 12 month lease and you're giving them a chance to get out of it at no loss to them if they do a bit of work for it.


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## padh (11 Aug 2006)

They signed up to 12 months ...legally you oculd probably sue them for full 12 months rent.

Keep the deposit ....if they were there over a year and youhad agreed that one month bnotice was enough then it would be imorral to keep .

Otherwise they are breaking an agreement.  Returning the deposit would be a goodwill gesture on your part if thats what you feel lik edoing
PH


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## Howitzer (11 Aug 2006)

padh said:


> They signed up to 12 months ...legally you oculd probably sue them for full 12 months rent.


 
This is incorrect.

 [broken link removed]

There seem to be a lot of amateur landlords who are of the opinion that they can just ride roughshod over the rights of their tenants. A scan through the PRTB resolution descisions from the last couple of years show that well over half of all resolutions relate to the unwarranted retention of deposits. This boils down to ignorance of the law which as anyone will tell you is no defence.

http://www.prtb.ie/disputes.htm


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## Purple (11 Aug 2006)

I have never kept a deposit, even when tenants left early.


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## liteweight (11 Aug 2006)

Padh, I completely disagree with you on this. A landlord has to be able to justify keeping a deposit. Everything must be set out clearly in the lease, so that tenant and landlord both know where they stand. Personally, I have never kept a deposit but if the property was damaged or I was about to face a void of a couple of months, I might do it. Otherwise I adopt a live and let live policy.


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## Calina (11 Aug 2006)

padh said:


> They signed up to 12 months ...legally you oculd probably sue them for full 12 months rent.



on this point, probably it wouldn't be worth your while because the amount of money involved probably exceeds the max permissible by the Small Claims Court and the cost of suing would probably exceed the rental lost. 

On the other hand keeping the deposit unreasonably - and I have to say that the period of notice involved would go a long way towards determining reason or unreason for me - is within the scope of the PRTB and having had a look at a few of the decisions there this morning, they seem to take a fairly dim view of the idea of landlords keeping deposits.


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## Captin Sobel (24 May 2008)

Based on the Standard contract that I usually sign.

The OP given no notice has the right to keep the deposit.  The tenant doesn't appear to care of the landlord's concerns so an inkind reaction is fair and within the law. Especially as its within the first year of the lease. ( presume 1 yr lease? )

If OP had been approached in good time and been given enough opportunity to replace the tenant then they might feel more lenient regards the deposit return ( although not obliged to do so ), if they are fair minded, and will not loose out


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