I'm afraid my deposit will be kept!

Cableguy

Hi all,

I am renting a place and need to move out ASAP.

In the begining my landlord said that moving in would be a six month contract and said he would give me a copy to sign but he never did and I never seen any contract since!

Now I am renting in this place for the last four months and need to move out. My rent is due today and I want to tell my landlord Im moving out but Im afraid that he will keep my deposit of one months rent which is €600. There is absolutly no reason for this as the place is exactly as it was when I moved in.

Where do I stand!

listenup

contact" threshold "they will advise you. number in golden pages

nxbyveromdwjpg

6 month contract which youre breaking by leaving after 4, so there is a reason? He should probably take downtime that the place is empty from your deposit, eg if it takes a week to get it filled again then you get 3 weeks back, etc.

Xiney

you never signed a contract, you are free to go.

If he tries to keep your deposit, contact threshold. It may take a while to get it back, however.

Cableguy

Thanks everyone for the replies. I never heard of Threshold before!

I called my landlord and told him I need to move out and we have agreed that I am going to pay one more month rent (Even though Id really like out sooner) and a going to him one more months rent while giving him one months notice so we are both happy.

But Im still afraid that when I am living he will try to keep my deposit.

I might look into Threshold! Ive never heard of them. Do they cost much or is it free advice? Just in case I do need them as this will infuriate me if he trys to keep my deposit...

Xiney

Threshold are a free charity.

Cathmandooo

There is such thing as an oral tenancy, while it's harder to prove what the agreement was, there was still an agreement. Is there any documentation talking about a 6 month tenancy? Texts, emails?

You might be worrying over nothing, your landlord has agreed you've to give 1 months notice and pay your rent for that, sounds pretty reasonable.

www.prtb.ie if you want to lodge a dispute in the future

Xiney

An oral tenancy would be difficult enough to prove (with associated legal fees, etc) that the landlord isn't going to do it for the sake of a month's rent.

XJR

1) You should have signed a lease, not doing so was not in your best interest

2) By law the landlord can only withhold the deposit or portion thereof if there is damage to the property - he should not withhold it for breaking the lease.

3) If the landlord wants to enforce the contents of the (non-existant) lease then he has to go to court which is hardly worth the money

4) If the landlord decides to keep the deposit or portion there of there is little you can do. The PRTB is useless from both a tenant and landlord point of view.

goat2

Cableguy wrote: »

Hi all,

I am renting a place and need to move out ASAP.

In the begining my landlord said that moving in would be a six month contract and said he would give me a copy to sign but he never did and I never seen any contract since!

Now I am renting in this place for the last four months and need to move out. My rent is due today and I want to tell my landlord Im moving out but Im afraid that he will keep my deposit of one months rent which is €600. There is absolutly no reason for this as the place is exactly as it was when I moved in.

Where do I stand!

he can keep the deposit, as it was your responsibility to put a letter in writing with one months notice, if you did not do this, he is entitled to keep it

Cableguy

XJR wrote: »

If the landlord decides to keep the deposit or portion there of there is little you can do. The PRTB is useless from both a tenant and landlord point of view.

This is exactly what I am worried about!

How can a landlord decide for some reason or another that he will not give back a deposite and get away with it!

Xiney

If you don't already have a receipt for the deposit, get one.

Take pictures of the apartment when you move out to prove that it was in good condition and clean, etc.


This will all help if you have to take a case against your landlord to have your deposit returned.


Definitely take it to threshold and follow it up if something does happen though - most of the time when landlords retain the deposit (or part of it) they assume that you won't persue it and that's how they get away with it. It is much easier to get justice through the PRTB as a tenant than it is as a landlord. (That's not good or bad, it just is)

Cableguy

Thanks everyone, alot of helpfull information from you all.

I am probrably panicing over nothing but its nice to know were one stands.

Ill take some pictures and try get the receipt for my deposit....which is in a book the landlord has! Also I might ask him to inspect the room Im and that everthiing is ok which it is.

I have the feeling he is not legaly diclosing that he has tenants in this place for tax purposes!

Thanks again.

BostonB

I think its in your own interest to have let the landlord check the place before you leave, and point out any problems so that you can sort them out, in order to regain your deposit.

As backup take photos of the place cleaned up, and any issues. You shouldn't need, most landlords just want a steady rental income and no hassle. The least they have to do between tenants the happier they will me.