Losing the deposit and breaking a lease are two very common issues students renting face.

By Bernadette Farrell

Losing the deposit and breaking a lease, which many fear will result in losing the deposit, are two very common issues students renting face.

Losing your Deposit

• Under the act states that the only two reasons you can lose your deposit is if you owe rent and/or if you have caused damages beyond normal wear and tear in the place.
• If your landlord/agent is claiming that there were damages, ask to see receipts or some kind of proof of how much damage was caused. If your landlord is unfairly holding your deposit you can take the matter to the PRTB.

  

Breaking the Lease

The lease is legally binding so you might very well be penalised for breaking it. Though it is not written into the Act that a landlord can keep your deposit if you break the lease by leaving before it's finished, a landlord cannot be made out of pocket by something the tenant does wrong. S/he can pursue you through the courts or PRTB if s/he loses out because you left early; and the courts will most likely rule in the landlord?s favour. If you want to leave your lease early but want to keep you deposit, ask the landlord's permission to find someone to fill your place. S/he cannot unreasonable refuse. If s/he does then you can leave early, after giving the proper written notice.

If s/he agrees, then you have to find someone and then leave.

Another very common difficulty is when you're sharing a house with a few others and one of them decides to leave. Like it or not, you and your remaining mates are responsible for making up the extra rent. Your fleeing flatmate should be the one to find someone else but if s/he doesn't, the landlord is still going to want his/her money in full, so it will be up to you to make sure s/he gets it.

For Further Information

Threshold National Housing Organisation
www.threshold.ie
Private Residential Tenancies Board (PRTB)
www.prtb.ie
Your Local Students? Union