# CAn I get deposit refunded even if lease of apartment is not up yet?



## Tridi (12 May 2009)

Hi guys,

I need to move out f my apartment but lease is not up until feb next year. Landlady said that i can not get deposit refunded as lease isn't up. Now i haev heard it is the "Law" to get it back if you give a months notice. can anyone help me here? PLEASE, depending on every penny!

Thanks a lot!


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## desk (12 May 2009)

check out the threshold website on [broken link removed]
*Notice of termination*
If a tenant wants to terminate a tenancy and move out of a property, the tenant must give the landlord notice in writing. A phone call, text message or even an email will not do. Even if the landlord is agreeable to a tenant's oral notice to leave, Threshold recommends that the tenant follows up the oral notice with formal written one.
A tenant who does not serve the landlord with formal written notice endangers their deposit. If a written lease is in place, the tenant could also be held liable for the remainder of the rent owed for the rest of the lease period.
The Residential Tenancies Act provides how a tenant should terminate a tenancy. The notice must be in writing and signed by the tenant. It should specify the date of service and the date the notice will expire. The notice must state the following: "Any issue as to the validity of the notice or the right of the tenant to serve it, must be referred to the Private Residential Tenancies Board under Part 6 within 28 days from the date of receipt of it."
For a draft Notice of Termination, please click here>>
The length of notice given by a tenant depends on how long the tenant has lived in the property. The longer the tenancy, the longer the notice period. Please note the notice periods provided in the Residential Tenancies Act as laid out in the Table below.
Duration of tenancy                               Notice by tenant
Less than 6 months                                   28 days
6 or more months but less than 1 year       35 days
1 year or more but less than 2 years          42 days
2 or more years                                        56 days​


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## shesells (12 May 2009)

OP, your landlord is entitled to pursue you for the rent due til Feb next year so the deposit is the least of your worries!!

What desk has posted applies to tenancies without leases. You have a lease so it's different.

Check your lease to see if it allows you to break it before the lease end. Most short term leases don't have this. You may be allowed to sublet...and then get your deposit back but again you need to check your lease.


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## mathepac (12 May 2009)

Why have you double posted this topic in different threads?


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## Tridi (12 May 2009)

beacause I am totally new to this and never used this forum and wasn't quite sure where to put it in to! SORRY!

To the OThers THANKS A LOT FOR THE ANSWERES!


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## Tridi (12 May 2009)

Sorry I am not Irish, so sometimes I haev some problems understanding everything. Doesn't the following mean I am entiteled?:

What happens if there is a fixed term lease in place?
A tenant cannot avail of the notice periods where they are bound by a fixed term lease which they signed. They can, however, end the tenancy where the landlord is in breach of an obligation and where they have written to the landlord regarding the breach and giving the landlord an opportunity to rectify the position.
A tenant can also avail of section 186 of the Residential Tenancies Act to end a fixed term lease where the landlord refuses their wish to assign the lease to somebody else. 
If a tenant wants to end of fixed-term tenancy early, they should inform the landlord in writing of their wish to assign or sublet the lease. Where the landlord refuses to give his or her consent, the tenant is entitled to serve a Notice of Termination.
The length of notice is determined by duration of the tenancy (see the Table above) and the Notice should correspond to the example Notice of Termination provided above.
*The tenant is entitled to the return of their deposit if they take these steps.*


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## desk (12 May 2009)

I believe you are entitled to break your tenancy if you follow these steps but I would suggest that you contact Threshold directly and get their advice based on your situation. THere are meant to be very helpful in these cases. Best of luck


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## mf1 (12 May 2009)

Read shesells post - I believe that to be the correct view. When you sign a lease you agree to its terms - you cannot  just break it. I don't believe you are entitled  to your deposit back. 

mf


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## FKH (13 May 2009)

If you have signed a lease until Feb 2010 you are bound by it. If the landlord will let you break it and only wishes to keep the deposit (I'm assuming it's one month's rent) then you should probably agree to this as you need to move out. 

Best case senario is you get deposit back, second is allowed to break lease but landlord keeps deposit, worst is landlord does not let you break lease and pursues you for balance rent when you move out.


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## mathepac (13 May 2009)

Multiple threads, but the same basic answers - http://www.askaboutmoney.com/showthread.php?t=112641


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