Re: Estae agent keeping fees
Guys
I just wanted to settle this 'once and for all' so to speak.
When an individual signs a lease and hands over a deposit they are making a legal agreement saying among other things that they will keep the premises in good repair (reaonable wear and tear accepted) and that they will honour the durational obligations of the lease. Usually residential leases are signed for a period of one year. If a tenant signs a lease saying that they will stay in the property and pay rent for one year only to move out after 8 months then the landlord is perfectly entitled to keep the deposit as the tenant has broken the agreement. It's that simple.
If a Tenant really wants to leave a property before the 12 months have expired, the tenant has the option of subletting the property to another individual who will take on the lease. Usually the tenant will need to obtin the consent of the landlord to sublet the property. Although the landlord cannot unreasonably withhold this consent.
It doesn't matter whether a tennant gives one months notice if the 12 month term has not expired. The landlord is entitled to keep the deposit.
The whole purpose of the deposit is to protect the landlord in the event that the agreement is broken or damage is caused to the property.
Thomas 22 is completly incorrect.
I don't think I am to be honest
Only in exceptional circumstances is the landlord allowed to keep the deposit. Please see below from
www.threshold.ie
Under the Heading
Signing a Lease
6. Can the tenant leave before the end of the lease?
If a tenant wants to leave before the end of the lease (and there is no break clause), the tenant needs to:
* Find someone else to replace the existing tenant in the lease;
* Write to the landlord, requesting permission to assign the lease to this new person.
If the landlord refuses consent, the tenant can give the landlord notice of termination and leave. The notice period is calculated by how long the tenant has lived there.
Under the section
Getting back your Deposit
8. When you leave, your landlord must promptly return your deposit. The landlord may only keep some or all of the deposit to cover rent arrears or the costs of repairing any damage above normal wear and tear.
9. Remember your rent deposit belongs to you, not to the landlord.