Security Deposit - Help!

louisecm

I'm sure this is not the first post of its kind, so bear with me if its tedious.

My ex and I rented an apartment for 2 years. All our contact was made through a close relative of the owner of the apartment, we'll call that person Liaison.

We moved out of the apartment 6 weeks ago because we broke up, and our lease was up. While we lived in the apartment, it really was our home and we took good care of it. We had the occasional spillage but we did our best to maintain the apartment's quality. While we lived there the liaison visited a couple of times to check that everything was ok, and there was never an issue.

On the day that we moved out there were a couple of marks on the carpet, nothing ridiculous though, and the couch which was a pale colour looked a bit mucky but nothing beyond what I believe is inevitable when two people live in a small apartment for two years.

We discussed the fact that the carpet may have to be cleaned, and offered to get it done ourselves but Liaison said not to worry that the Owners would do it.

Two weeks ago, after a couple of phonecalls from us enquiring about our deposit, Liaison phoned me to tell me that they had had the carpet and couch cleaned and that they were going to take 100 euro from the deposit and return the rest to us. TBH I felt that that was a little unfair as I didn't think anything beyong normal wear and tear had been damaged, but I was willing to accept it. I was told I would receive a cheque. When I received nothing last week, I called Liaison and left a message on his phone. This evening I phoned again only for Liaison to tell me I needed to deal directly with Owner (for the first time ever).

I rang Owner, who told me that they had had the carpet and couch cleaned at a cost of 160 euro but that there were discoloured patches on the couch (which were there when we moved in) and that there was a big stain on the carpet which hadn't been improved at all. She said she felt they would need to replace the carpet but for the moment she was going to look for another carpet cleaning company to come in again and hopefully "work miracles".

At this point, I am pretty angry. I feel it is unfair for her to expect us to fund replacing a carpet which was worn and old and would need to be replaced soon anyway. I don't believe that having the carpet cleaned would not have removed the stain. I don't think its right that we have had to chase them over this. I don't believe its right that we are suddenly dealing with Owner rather than Liaison. I also feel that if Owner has already had the carpet cleaned once and it made "little or no difference", then her attempts to get it done again are futile.

I'm rambling now, but I really need advice on whether I should pursue this through the PRTB. I am furious but aware that I have an emotional attachment to the issue as it is linked to my recent breakup, however I don't feel their conduct has been proper and I dont think we should be fined close to 1000 euro for one minor mark on a carpet.

Cantab.

louisecm wrote:

I'm sure this is not the first post of its kind, so bear with me if its tedious.

My ex and I rented an apartment for 2 years. All our contact was made through a close relative of the owner of the apartment, we'll call that person Liaison.

We moved out of the apartment 6 weeks ago because we broke up, and our lease was up. While we lived in the apartment, it really was our home and we took good care of it. We had the occasional spillage but we did our best to maintain the apartment's quality. While we lived there the liaison visited a couple of times to check that everything was ok, and there was never an issue.

On the day that we moved out there were a couple of marks on the carpet, nothing ridiculous though, and the couch which was a pale colour looked a bit mucky but nothing beyond what I believe is inevitable when two people live in a small apartment for two years.

We discussed the fact that the carpet may have to be cleaned, and offered to get it done ourselves but Liaison said not to worry that the Owners would do it.

Two weeks ago, after a couple of phonecalls from us enquiring about our deposit, Liaison phoned me to tell me that they had had the carpet and couch cleaned and that they were going to take 100 euro from the deposit and return the rest to us. TBH I felt that that was a little unfair as I didn't think anything beyong normal wear and tear had been damaged, but I was willing to accept it. I was told I would receive a cheque. When I received nothing last week, I called Liaison and left a message on his phone. This evening I phoned again only for Liaison to tell me I needed to deal directly with Owner (for the first time ever).

I rang Owner, who told me that they had had the carpet and couch cleaned at a cost of 160 euro but that there were discoloured patches on the couch (which were there when we moved in) and that there was a big stain on the carpet which hadn't been improved at all. She said she felt they would need to replace the carpet but for the moment she was going to look for another carpet cleaning company to come in again and hopefully "work miracles".

At this point, I am pretty angry. I feel it is unfair for her to expect us to fund replacing a carpet which was worn and old and would need to be replaced soon anyway. I don't believe that having the carpet cleaned would not have removed the stain. I don't think its right that we have had to chase them over this. I don't believe its right that we are suddenly dealing with Owner rather than Liaison. I also feel that if Owner has already had the carpet cleaned once and it made "little or no difference", then her attempts to get it done again are futile.

I'm rambling now, but I really need advice on whether I should pursue this through the PRTB. I am furious but aware that I have an emotional attachment to the issue as it is linked to my recent breakup, however I don't feel their conduct has been proper and I dont think we should be fined close to 1000 euro for one minor mark on a carpet.

You seem to be reasonable. Unfortunately, when it comes to putting your hand in your pocket to hand and actually handing over the hard-earned, people are reluctant to do it: if they feel they can get away with it, they'll stall.

I'd gradually ratchet up the threat factor if you are being screwed over by €1000. Say you'll have to go to the PRTB if the money is not returned by date x.

Victor

I think let them away with the €100-€160. After that its wear and tear, take them to the PRTB.

MoominPapa

7 years ago I had a similar experience with my cowardly swine of a ll(told me Id get my deposit back to my face and over the phone lied and said he the complete opposite), took him to the small claims court (it was pre PRTB) and got everything I looked for. If your claim is legit and you have whatever paperwork and notes of correspondence (written and verbal) to back up your case you should be fine. The satisfaction of getting what was mine off that sniveling git still warms my heart, so go for it and best of luck;)

mikemac

First mistake:
On the day you moved out you should have the liason or owner to inspect the place. You'd hand over the keys and they'd write a cheque.
I'd never be willing to wait a number of weeks for my deposit after moving out but I learned from a bad experience

TBH, €160 isn't a huge amount to lose after two years but best of luck and fight your corner

Tea drinker

Yeah, it's not a lot, so after taking their rent for two years why can't she cough up and pay for normal wear and tear? If it is a legitimate business then she should be able to write off her costs against tax???

Best of luck, don't get too bent out of shape over 160e
Sorry things didn't work out for ye.

MadsL

Victor wrote:

I think let them away with the €100-€160. After that its wear and tear, take them to the PRTB.

Is she actually registered with the PRTB - you could check online - if she isnt a complaint will be more 'damning' plus the revenue might be interested...

Check and then get her to listen to reason - if she doesnt, shop her to the PRTB and the revenue.

louisecm

Lads you've got the wrong end of the stick here, if it was 160 I'd let it go, but its the entire security deposit of almost 1,000 euro as she says she is now going to have to replace the carpet.

KTRIC

louisecm wrote:

Lads you've got the wrong end of the stick here, if it was 160 I'd let it go, but its the entire security deposit of almost 1,000 euro as she says she is now going to have to replace the carpet.

Is she carpeting the whole house ??

Zambia

louisecm wrote:

Lads you've got the wrong end of the stick here, if it was 160 I'd let it go, but its the entire security deposit of almost 1,000 euro as she says she is now going to have to replace the carpet.

This is scandalous ,this is wear and tear. I would say the reason liason wont deal with you is that they know the owner is out of line. Its a fairly well posted view on this forum that some landords seem to expect there property to remain in pristine condition with a whole family living in it.

I would still follow the above advice bring them to the PRTB , for the rest of your deposit. I would first write a letter to the landlord explaining the above scenario like you have.

Ask for her reason in writing as you may wish to take this to the PRTB. Be polite and courtous at all times but do not back down.

louisecm

Thanks a million. I think I just needed someone to tell me I'm not being mental. I looked on the PRTB register and I didn't see the apartment listed so I think I'm in a pretty strong position. I will contact them this week.

The_Conductor

Louise- you are entitled to claim tax relief on the rent you paid over the last 2 years- did you do this? If you did not- I would suggest you put this into action. Its not a massive amount of money- but its about 600 Euro (add in bin charges and anything else that may be deductible when you are at it.....)

If you do not get any satisfaction from the landlord regarding the return of your deposit- contact the PRTB, irrespective of whether the property is listed or not- they will act on your behalf. If the property is not listed the landlord is in legal trouble.......