Landlord won't give deposit back

CivilServant

What to do, what to do?? I've called several times in the last 4 months to get my deposit back, which is not an insignificant amount. Each time they said "oh, someone forgot to post the check out, it's lying here right on the desk". And every time I call back and say I haven't got it yet.

It's getting a bit ridiculous now. 4 months!! and still no deposit. Now they tell me they've posted the deposit check out twice already and don't plan to do anything else. BS, I still don't have it. I asked them to deposit the money into the account, but they said they couldn't do this and asked for a credit card number instead! Wtf?!!

So what options are they in a situation like this? Can I take them to the small claims court?

koneko

Ring them and threaten to involve the cops and/or report them if there's the possibility they weren't declaring they're renting out and paying tax on it. And good luck, must be a ****ty situation to be in

dermot_sheehan

issue one final demand, saying that if you don't receive it within a certain period of time (say 1 week), you're suing them in the district court.

If they don't respond, Fill out this form , bring it to your local district court with €9, and they'll issue a summons. No lawyers are involved. If you win, you get the €9 back as well as the money you're owed

Hobbes

Why the hell are they asking for a credit card number? Sounds very suspect.

Maximilian

Under no circumstances should you give them your credit card number. Write a letter to them as gabhain suggested, then if you get no response either initiate the small claims procedure or seek the advices of a solicitor. I'd recommend the latter.

quarryman

Gilgamesh

you should defnietly make a final WRITTEN demand to them, explaining that you will bring this up at the small claims court if you do not receive an answer within 7 working days, also send it via registered post, so you have proof that they received it.

madramor

is it a person or company you rented from?

call around to their house/office and don't leave
until they give you your money.
if they threaten to call the gardai let them as your not
doing anything illegal.
you could even bring some of your mates with you

i know somebody who was in a similar situation to yours
and they went around to the appartment that they had rented
during the day when nobody was there(because they kept a key) and flooded the place

they didn't get money back but felt very good about it

don't get angry get even

Imposter

Isn't there an organisation that mediates in these kind of disputes between landlord and tenant?

BuffyBot

http://www.threshold.ie/

Victor

Go straight to Small Claims Court. Do not pass Go. Do not collect €200. Yet.

madramor wrote:

if they threaten to call the gardai let them as your not
doing anything illegal.

Commonly known as "trespass" (fines up to €3,000 ....).

madramor wrote:

you could even bring some of your mates with you

Commonly known as "intimidation".

i know somebody who was in a similar situation to yours and they went around to the appartment that they had rented during the day when nobody was there(because they kept a key) and flooded the place

Commonly known as "criminal damage".

CivilServant

Thanks for the helpful advice guys. I feel a lot better now and actually think it might get resolved pretty soon.

@Maximilian - "seek the advice of a solicitor." Aren't solicitors a bit expensive? Or could I speak to those no win no fee types?

@madramor - It's a company I rented from. I would love to flood the place as it was on the 3rd floor and the water would seep down and destroy the whole building! hehe

Do you think that I should ring a final time and let them know my intentions? Give them a deadline to meet, say Monday. Then proceed with the written complaint?

Ivan

CivilServant wrote:

Thanks for the helpful advice guys. I feel a lot better now and actually think it might get resolved pretty soon.

@Maximilian - "seek the advice of a solicitor." Aren't solicitors a bit expensive? Or could I speak to those no win no fee types?

@madramor - It's a company I rented from. I would love to flood the place as it was on the 3rd floor and the water would seep down and destroy the whole building! hehe

Do you think that I should ring a final time and let them know my intentions? Give them a deadline to meet, say Monday. Then proceed with the written complaint?

Even the threat of power has power.

Just telling them your going to sue them/take legal action might be enough to get them to sort something out. So definitely do tell them what your planning first. Also, if your in a city or a reasonably big town, there should be a citizens advisory board. They usually have a free solicitor there once a month who can give you advice or whatever.

madramor

if its a company look it up in http://www.cro.ie/search
you can download B1 Annual Returns at cost of 2.50
this gives you the name,address,phone number of
all directors and share holders in the company
different people would use this information in different ways,
but its a power weapon for what ever purpose you choose


victor
isnt tresspass a civil offence and nothing to do with gardai

"intimidation".
gardai would never take it to court, even if they
did it is impossible to prove anything

"criminal damage"
i say justice

midget lord

What good will knowing who the directors and secretary are or where the registered office is? A waste of your few quid.

Ring them and demand your money back, tell them if you dont get it by this day day next week you are bringing them to court. If your not the conftontational type then take gabhains advice.

Scruff

As Victor said go straight to the small calims court. My girlfriend had to do that a number of years back in college and won. No solicitor needed.

If its a company and they have a website with places to rent or you know places that they rent (like if ye lived in an apt block and they manage it) send a letter to all the current residence informing them of the run around the company are giving you and tell them not to be surprised if the same happens to them.
I'm sure the company\landlord would be a bit more responsive if ye had managed to get a few of the current residence up in arms about the prospect of it happening to them as well.

CivilServant

I called them today saying that if I don't receive the deposit by Monday, I'm writting a letter officially explaining to them the situation and that I'm taking legal action.

Unfortuanately I couldn't speak to the person I've been dealing with this whole time. Another person has to forward the message on. Anyways, I hope this can be resolved quickly now.

madramor

whats the companies name?

I rent every 6 months want to know who to avoid

CivilServant

madramor wrote:

whats the companies name?

I rent every 6 months want to know who to avoid

I'll tell you as soon as I get the deposit back!

seamus

Don't forget to write that letter on Monday morning if you don't have the money in your hand. There's no point in making a threat and not following through. Your words later on will be weightless otherwise.

midget lord

you should make another phone call and make sure that message has got to the person you have been dealing with. Otherwise they could fob you off saying that they didnt recieve the messgae for 3 weeks or some equally bull **** story.

CivilServant

RESULT! This morning the deposit check arrived in the post! Maybe the prospect of legal proceedings didn't sit too well with them.

They sent a cover letter apologising for the extreme delay as they've been very busy in the last few days. Meh?!

Anyways. Thanks for all your help guys and your sound advice.

madramor

they are?

emmamartin

If you have certain types of certification and legal document then try to solve it throw law this will another better option for you and always behave friendly with them and communicate in written rather then discussion .

DubTony

Bump of the year !!!! :rolleyes:

Yawns

lol

AndyJB

CivilServant wrote: »

What to do, what to do?? I've called several times in the last 4 months to get my deposit back, which is not an insignificant amount. Each time they said "oh, someone forgot to post the check out, it's lying here right on the desk". And every time I call back and say I haven't got it yet.

It's getting a bit ridiculous now. 4 months!! and still no deposit. Now they tell me they've posted the deposit check out twice already and don't plan to do anything else. BS, I still don't have it. I asked them to deposit the money into the account, but they said they couldn't do this and asked for a credit card number instead! Wtf?!!

So what options are they in a situation like this? Can I take them to the small claims court?

Hi,
Those type cowboys make my blood boil!

You don't say if it's an agency or the actual landlord. You also don't mention if its a residential letting or a commercial lease. So here goes on both fronts...

1) Residential.
Drop into them one more time and demand your deposit back. If they give you even a hint of guff call the PRTB (PRTB.ie) straight away, no ifs buts or maybes. I'd make the call from their reception (on your mobile) there and then. Be sure to call into them during working hours so to be sure to get someone at the PRTB office.

It does not matter if the tenancy was not registered with the PRTB. The PRTB can fine/prosecute landlords that don't register tenancies. Oh and the Revenue don't like it either. If tenancies are not reg'ed with PRTB, landlords are not supposed to offset any bank interest charges on their tax returns. Residential tenants can also claim back €500 p/a as a tax credit so if not already done you're probably owed that per year of the tenancy. Revenue can confirm this for you (Revenue.ie). Ask for the landlords PPS number as its needed to claim your tax credits.

The landlord should have asked you for your PPS number and a signature on the PTRB registration form. You can see if the property is reg'ed by checking the list at http://prtb.ie/pubregister.htm

2) Commercial:
Your options are.....

a) Sit in their reception and demand deposit back and wait till its handed over, be sure to talk to everyone that visits them and tell your story.

b) Small claims court, but it'll be subject to amounts involved. Read info on this link
http://www.citizensinformation.ie/categories/justice/courts-system/small_claims_court

c) Just get a solicitor to write them a letter demanding return of deposit. Get solicitor to include wording along the lines of "when we go legal you'll be footing the bills"!

Oh there's always the Joe Duffy option!!!!!!

Let us know how you get on.
Best of luck.

Yawns

We should go back to 2004 and ask him!

bigneacy

emmamartin wrote: »

If you have certain types of certification and legal document then try to solve it throw law this will another better option for you and always behave friendly with them and communicate in written rather then discussion .

What a legendary bump! 6.5 years in the making!

x in the city

wtf..

Gloomtastic!

Wow! 2004 and somebody had financial problems. How we laughed.... :eek: