Feb 16 2012, 02:37 PM
QUOTE(dariofoo @ Feb 16 2012, 01:51 PM)
01356033:
Of course you need to refund the deposit. It doesn't matter if he moves in or moves out. The deposit can only be withheld if there is outstanding rental or if there is damage to the property caused by that person which needs to be repaired and the cost will be deducted/contra from the deposit.
That agent gave you a different scenario. In such case, there is black and white Letter of Offer to Purchase (LO) between the parties and the earnest deposit is to book the property. Of course if the purchaser does not proceed the vendor can forfeit it. Furthermore, it would be stated in the LO that it is not refundable , and this is because it goes into the agent's pocket.
In your case, there is no agreement. between you and the sub-tenant. You can't forfeit it. I would advise you to return it to the sub-tenant.
Do you even have a tenancy agreement with the landlord? A standard agreement would prohibit sub-letting, unless with landlord's consent. Inherently, what you are doing now is also wrong. So you can't profit from it.
Cheers.
thx for ur reply, but do i have any method that dun have to pay bek the deposit ? coz i really no money 1, i din earn any single sen by doing tis. i rent the hse and rent out the room with the price give n by the landlord , and then divided it and rent it to them. » Click to show Spoiler - click again to hide... «
Of course you need to refund the deposit. It doesn't matter if he moves in or moves out. The deposit can only be withheld if there is outstanding rental or if there is damage to the property caused by that person which needs to be repaired and the cost will be deducted/contra from the deposit.
That agent gave you a different scenario. In such case, there is black and white Letter of Offer to Purchase (LO) between the parties and the earnest deposit is to book the property. Of course if the purchaser does not proceed the vendor can forfeit it. Furthermore, it would be stated in the LO that it is not refundable , and this is because it goes into the agent's pocket.
In your case, there is no agreement. between you and the sub-tenant. You can't forfeit it. I would advise you to return it to the sub-tenant.
Do you even have a tenancy agreement with the landlord? A standard agreement would prohibit sub-letting, unless with landlord's consent. Inherently, what you are doing now is also wrong. So you can't profit from it.
Cheers.
or if i nid to pay it bek, can i delay it until year end ? coz all the deposit those thing i have pass to the landlord , and i held ntg on my hand. and i have a tenency agreement with my landlord, would u like to have a look 1st ? i email it to u.
Added on February 16, 2012, 2:40 pm
QUOTE(dariofoo @ Feb 16 2012, 01:51 PM)
01356033:
Of course you need to refund the deposit. It doesn't matter if he moves in or moves out. The deposit can only be withheld if there is outstanding rental or if there is damage to the property caused by that person which needs to be repaired and the cost will be deducted/contra from the deposit.
That agent gave you a different scenario. In such case, there is black and white Letter of Offer to Purchase (LO) between the parties and the earnest deposit is to book the property. Of course if the purchaser does not proceed the vendor can forfeit it. Furthermore, it would be stated in the LO that it is not refundable , and this is because it goes into the agent's pocket.
In your case, there is no agreement. between you and the sub-tenant. You can't forfeit it. I would advise you to return it to the sub-tenant.
Do you even have a tenancy agreement with the landlord? A standard agreement would prohibit sub-letting, unless with landlord's consent. Inherently, what you are doing now is also wrong. So you can't profit from it.
Cheers.
and, if really nid to pay it bek, can i minus the deposit as a rental since i pay bek him the feb rental.» Click to show Spoiler - click again to hide... «
Of course you need to refund the deposit. It doesn't matter if he moves in or moves out. The deposit can only be withheld if there is outstanding rental or if there is damage to the property caused by that person which needs to be repaired and the cost will be deducted/contra from the deposit.
That agent gave you a different scenario. In such case, there is black and white Letter of Offer to Purchase (LO) between the parties and the earnest deposit is to book the property. Of course if the purchaser does not proceed the vendor can forfeit it. Furthermore, it would be stated in the LO that it is not refundable , and this is because it goes into the agent's pocket.
In your case, there is no agreement. between you and the sub-tenant. You can't forfeit it. I would advise you to return it to the sub-tenant.
Do you even have a tenancy agreement with the landlord? A standard agreement would prohibit sub-letting, unless with landlord's consent. Inherently, what you are doing now is also wrong. So you can't profit from it.
Cheers.
This post has been edited by 1356033: Feb 16 2012, 02:40 PM
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