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Am I entitled to deposit back?

  • 28-05-2010 2:24pm
    #1
    Closed Accounts Posts: 246 ✭✭


    I moved into an apartment in December. The rent was 480 and deposit 480 = me paying 960 when i moved in. There turned out to be various problems with this apartment, namely:

    Immertion was broken so no hot water in any taps or bathroom shower. I had an electric shower in my ensuite so there was hot water in that, however, there was very low water pressure in that shower. Having a shower was a task.

    Storage heater in the main living room/kitchen was broken and there was only one for that area. - This was during the cold weather and snow we had at xmas.

    Major draft coming in front door as the lock had been modified in some way and there was about 5 ml of a space between door and frame.

    Estate agent told me the bins would be included in the price of the rent, however, these were never collected.

    Couches were old and dirty and before I moved in I asked could they be replaced and I was told yes they could. They never were.

    So a month later and after bringing all my problems to my estate agent and having nothing done about it I decided to move out.

    There was no lease signed. I was after paying 960 euro to live in an apartment that was not up to standards, not even close. None of the problems were fixed. Is there anyway at all that I am entitled to my deposit back. Some one recently advised me that seeing as there was no lease signed I could threaten to bring the matter to the PRTB as sometimes when there is no lease signed, the landlord is not paying tax.

    I would be grateful for any advice on this as I cannot afford to lose the 480 deposit. I have brought this up twice with the estate agent and he has brushed it off saying I am not getting it back and it was my fault for not signing a lease, moving into the apartment.. etc.. He is a very manipulative man and he is playing on the fact that I am 22 and it was my 2nd apartment so I don't know all the ins and outs of renting and accomadation.

    Also, the estate agent told me when I moved out that he had never said the bins were included. I know he did because this was one of the deciding factors in me taking the apartment and I rememeber saying it to a few friends. I think he said this when I moved out because my rubbish had not been collected and he would of had to dispose of it. He made it out to look like I was a bad tenant because I moved out after a month. Truth is, I am a 22 year old girl, I lived in the apartment on my own. I never had any parties or caused any trouble. My apartment was quiet and I did not break anything, cause any damage. I feel like I have been treated unfairly by the estate agent.

    Any advice welcome. Thanks


Comments

  • Registered Users, Registered Users 2 Posts: 9,815 ✭✭✭antoinolachtnai


    Did you give 28 days notice that you were moving out?


  • Moderators, Science, Health & Environment Moderators Posts: 23,243 Mod ✭✭✭✭godtabh


    Report them and see what happens then


  • Closed Accounts Posts: 1,787 ✭✭✭edellc


    as long as you paid your rent and have a record of this ring the PRTB, they will be on your side but only if you have paid your rent however be prepared for a long wait :-(

    http://www.prtb.ie/contact.html

    the unfortunate situation is that their are numerous sub standard rental accommodation out there that are affordable and any decent property is still well above a reasonable price due to the owner buying in the boom and having to pay over inflated mortgages the best thing about renting is if you dont like it move


  • Registered Users, Registered Users 2 Posts: 2,985 ✭✭✭skelliser


    stay the second month without paying the rent while you look for a better place, then just move out and return the keys.


  • Closed Accounts Posts: 1,787 ✭✭✭edellc


    skelliser wrote: »
    stay the second month without paying the rent while you look for a better place, then just move out and return the keys.

    TBH thats what i'd do too but didnt want to say on here they eat you alive for stuff like that me thinks alot of them may be landlords themselves :rolleyes:


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  • Registered Users, Registered Users 2 Posts: 2,985 ✭✭✭skelliser


    edellc wrote: »
    TBH thats what i'd do too but didnt want to say on here they eat you alive for stuff like that me thinks alot of them may be landlords themselves :rolleyes:

    Maybe but from what the OP has stated it defo sounds like the landlord/management company couldnt give a toss and is only interested in the money. I would go with my plan in this case.
    I couldnt care less who the vast majority are on here. They screwed renters during the good times and it seems some are continuing it in this case.

    We need proper legislation in the rental market but alas it seems the powers that be FF/developer friends are only interested on leading people along with this ""property ladder" first time buyer" bull.

    Times have changed, its now the renters market.


  • Closed Accounts Posts: 36 gomaith2010


    Be careful, it depends what is written in the contract!!

    if u move out having stayed an extra month leaving 6 months left on the contract, the ball is in the landlords court. He could by law be entitled to the ballance of the 6 months outstanding. Keep all your records of letters and phonecalls u send and receive. Its not ideal but the more u have in writing re your greviences the better a record u have of the condition of the house


  • Registered Users, Registered Users 2 Posts: 17,324 ✭✭✭✭Cathmandooo


    I don't think many have actually read the op

    She said she moved in in December and moved out after a month. So she's moved out 4 months ago? And doesnt have a lease or contract

    I'd chalk it down to experience, always get a lease, it's there to protect both landlord and tenant, at 22 you're an adult and it's up to you to educate yourself on the ins and outs of renting. I cant see how the PRTB would get you your deposit back, do you have a receipt for it? It's your word against the landlords. Next time insist on a lease and don't accept a place that's not up to good liveable standards.


  • Registered Users, Registered Users 2 Posts: 2,587 ✭✭✭Bob Z


    Cathooo wrote: »
    I don't think many have actually read the op

    She said she moved in in December and moved out after a month. So she's moved out 4 months ago? And doesnt have a lease or contract

    I'd chalk it down to experience, always get a lease, it's there to protect both landlord and tenant, at 22 you're an adult and it's up to you to educate yourself on the ins and outs of renting. I cant see how the PRTB would get you your deposit back, do you have a receipt for it? It's your word against the landlords. Next time insist on a lease and don't accept a place that's not up to good liveable standards.


    480 euro is a lot of money to 'chalk up to experience'


  • Registered Users, Registered Users 2 Posts: 17,324 ✭✭✭✭Cathmandooo


    Bob Z wrote: »
    480 euro is a lot of money to 'chalk up to experience'

    It is, double it is a lot of money to hand someone without getting a receipt or a contract.


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  • Closed Accounts Posts: 246 ✭✭i.need.a.job


    Cathooo wrote: »
    It is, double it is a lot of money to hand someone without getting a receipt or a contract.

    i have receipts, just no contract signed. but it is the estate agents job to sort out things like the contract. and i was told that when no lease is signed the landlord may not be paying tax on the money he is earning.. so if i say to my estate agent i'll take it up with the prtb and if the landlord wasnt paying tax then he might get into trouble. ...?


  • Registered Users, Registered Users 2 Posts: 17,324 ✭✭✭✭Cathmandooo


    i have receipts, just no contract signed. but it is the estate agents job to sort out things like the contract. and i was told that when no lease is signed the landlord may not be paying tax on the money he is earning.. so if i say to my estate agent i'll take it up with the prtb and if the landlord wasnt paying tax then he might get into trouble. ...?

    Oh good, if you have receipts then ring up the PRTB www.prtb.ie to open a case.

    It'll take a while and you might not get anything out of it given you never gave a valid notice of termination but it's good to report these landlords.

    It's up to you to get a lease before paying any rent. The Estate Agent should be hired to provide it but if you're not given one then you should insist on it or not pay over any rent or deposit.

    *edit* Actually, if you read this from Citizen's information your landlord was breaking the minimum standards with no heating. It's worth a try with the prtb anyway.


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