Tenant left, where do I stand?

I had an excellent tenant for a couple of months, sharing with me in my home. He paid rent monthly adn then asked if he could pay weekly as was easier for him. Then one day all of a sudden, he decided to move out as his girlfriends brother wanted him to move into his house, in the same estate. He left a couple of days later. I hadn't given him his €250 deposit back as hadn't it at the time, but told him i would over next few weeks.

Unfortunatly things have been difficult for me, and I still don't have it for him. I've told him he can have it as soon as I have it, which will be in next two weeks or so.

He wants it by this weekend?

Where do I stand?

Esme?

did you have a lease?

No nothing was signed, just a verbal agreement. I have no problems giving it back to him, at all, but when I have it in a couple of weeks. Hard to get blood out of a stone!!

Also, he didn't give you any notice, that is grounds for not giving back the deposit at all as far as I know in a lease.

This sounds like a rent a room situation rather than a lease situation so I think it might be slightly different?

You should have kept the deposit separate from your normal day to day spending.

as bronte says the deposit shouldn't just be added to your income and should have been kept separate.
have you worked out if he owes any money for bills/tv/esb/phone etc?
given the very short notice he gave you i would think a week or two would be okay but as he has been an excellent tenant i wouldn't leave it longer than that.

If you dont have it you dont have it...maybe give it to him in instalments?

Yes, I agree I should have kept it separate but unfortunatley due to unforseen circumstances, I had to use it, not expecting him to be moving out for quite a long time..

Thank you all for your advise.

Esme

Esme, will you be renting the room to a new tenant? if so, tell him that when they pay their deposit, you will give it to him. As its not a 'formal' lease situation, this is the usual situation in renting rooms from my experience. I have rented rooms in several countries in my time - usually when you move out, you give ample notice. this gives your housemates time to find a replacement, and once the replacement pas their deposit, you get yours back. Its not exactly proper, but its the way its usually done. If he had given you notice and you dont pay his deposit, then fine, its you in the wrong. but since he gave you no notice, and has since moved in with family, I'd tell him he'll just have to wait for it, or as said give it in installments.

you were accommodating and flexible when you allowed him to change to weekly payments, you have been a good LL, so he needs to now be flexible with you. As already said, have you worked out all bills etc? can you off set anything he owes you against the deposit?

Next time, although its a diff situation to a 'lease' i'd still look into getting soemthing in writing re: notice period, deposit refund etc. That way there is less chance of someone uping and leaving unexpectedly again!

if there was no contract signed then he has no right to demand his deposit bak at such a time, u could keep considering he never gave you any notice....... definately check that hes fully paid re: esb, phone, etc.....

I hope she's repaid him by now - it's over a month later.