Tenant - 1day notice

S

Speedwell

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I sublet the house I live in and one of the people who moved in 2 months ago has told me yesterday that he is leaving.

Today he told me it will be ASAP i.e. tonight.

I have his deposit but as he is moving out on such short notice he will leave me with the shortfall of his rent which is due in 3 days.

I am wondering can I keep his deposit for the rent and bills due?
 
have you a rental agreement with him, ie a signed tenancy?

You cant hold back money for rent and bills from a security deposit.
 
I never had a signed agreement in place. So basically are you saying to me that he can walk out with his deposit and not pay bills due?
 
Tenants are entitled to a refund of the deposit amount paid at the commencement of the tenancy, where there is no rent outstanding and there is no damage to the dwelling beyond normal wear and tear at the end of the tenancy. Landlords are required to refund the deposit promptly less any deductions in respect of outstanding rent and damage in excess of normal wear and tear.

If the landlord retains a deposit, the tenant must be provided with a written and itemised explanation of the reasons why. It is important to keep receipts for repairs to damages or items replaced. These will be required if the tenant complains to the PRTB.

http://www.irishlandlord.com/index.aspx?page=faq&answer=64#answer
 
if he hasn't got a replacement tenant in place then i would not hand back the deposit, have you identified how much he owes in bills? i think the advice being given is based on you being the landlord but you're not from my reading of your post your name is on the lease and he is sub-letting from you, tell him you can't repay the deposit with such little notice, if he gets someone else in or you manage to get someone else in then he can have his deposit back minus any bills due.
 
I will take a meter reading when he goes for the ESB and Gas. Prob owes approx 50. Yes I am not the landlord, he sub-lets from me.
 
Smashbox I'm stressed enough, dont be giving out to me.. ;)

Our rent is due on the 16th of every month. So he is paid up until then. So does that mean then he is free to leave and not pay his notice period?
 
Just saw this on Citizens Information. Would this be applicable to me?



Deposits


As a landlord, you may withhold a deposit (or part of a deposit) only if:
  • The tenant has not given you proper notice when leaving
  • You have been left with outstanding bills (i.e., public utilities) or rent
  • The tenant has caused damage beyond normal wear and tear.
 
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Not sure about how this stands with the PRTB, maybe someone else can enlighten.

Should this sort of tenancy be registered with the PRTB?
If so, (& I assume it would have to be registered) should it be the OP (as he is sub-letting) or the original tenant be the one to register with the PRTB?

As far as I know he should have given you 28 days notice, but if you are not registered with the PRTB you may find it hard to persue.

Have you aksed him about serving his notice & paying his bills, is he refusing to or are you just assuming he will refuse. You should not refund the deposit until you know where you stand - it is not reasonable to expect som eone to be able to get the money in 24hours with no prior notice.
 
He asked me for his deposit back. I dont expect a problem as such re the bills but I am concerned that I now have to pay his rent as he has only given me 1 day to find a replacement.
 
In this case I wouldn't give him the money... let him chase you for it.

He may accept that he doesn't deserve it and just leave. What else is he going to do, bring you to court?

You have most of the cards.. because you actually have the money. I wouldn't worry about the legal situation until it gets that far.. then just give him the money if he's entitled to it, otherwise don't bother..

Are you allowed to sub-let in your lease with the main landlord?
 
Yes I have the full permission of the LL to sublet.

I am waiting for him to ask me again and I am going to explain that if I can get someone in before the 16th to replace him then I will return his deposit but if I cannot get someome in I will have to use it to pay for his rent that would be due.
 
veron01 said:
I am waiting for him to ask me again and I am going to explain that if I can get someone in before the 16th to replace him then I will return his deposit but if I cannot get someome in I will have to use it to pay for his rent that would be due.
Click to expand...

I think that this would be the best course of action. Tell him that you have sought advice and that this was what you've been told you are within your rights to do. Explain that you are leaving him short both a tenant and rent, and so this money will be used to cover the 28 days rent.

If the deposit was more than a months rent, you will owe this to him though.
 
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