Tenancy deposit problem
Here is a problem from Martin (not his real name) which was loaded up to our Landlord Law Blog Clinic:
“My tenant only fulfilled 7 months of a 12 month lease, citing personal problems for having to break the lease.
The property was left in an unfit state for re-lease. Upon request the tenant did return to clean up/remove some items but we still have repairs/expenses. They broke into a shed and kept a dog on the property without our knowledge.
We are holding a bond with the DPS. What is my legal position? I believe I am within my right to hold money from the bond for repairs but can I withhold money for loss of rent?”
My view is that, yes, you should be able to claim the rent from the deposit. The deposit is there to provide a fund for landlords if tenants fail to comply with their legal obligations, and paying rent is certainly a legal obligation! However it will to a certain extent depend on the terms of the tenancy agreement used.
If you have any comments for Martin, please use the comment box at the foot of this post.