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Refusing to refund rent deposit.

  • 03-02-2011 2:40pm
    #1
    Registered Users, Registered Users 2 Posts: 1,127 ✭✭✭


    Hi, i am wondering on what grounds a landlord can legally hold on to a deposit? Assuming no damage was done to the property or its contents and the lease agreement was carried out successfully, can a landlord just refuse to not give back a deposit? And what steps can you take to retain it?

    Thanks


Comments

  • Banned (with Prison Access) Posts: 987 ✭✭✭Kosseegan


    DeadMoney wrote: »
    Hi, i am wondering on what grounds a landlord can legally hold on to a deposit? Assuming no damage was done to the property or its contents and the lease agreement was carried out successfully, can a landlord just refuse to not give back a deposit? And what steps can you take to retain it?

    Thanks

    Giant steps. To the PRTB!


  • Registered Users, Registered Users 2 Posts: 269 ✭✭chopser


    http://www.threshold.ie/

    These guys will explain all to you and fight your corner if you are the tenant.


  • Registered Users, Registered Users 2 Posts: 1,127 ✭✭✭DeadMoney


    Thanks


  • Registered Users, Registered Users 2 Posts: 428 ✭✭MarkoC


    Hi folks

    Sry i didnt bother to start a new thread but have also 1 question

    We lived in our rental house since august 2009
    When we moved in, it looked like the couches were brand new.
    After 12 months or so of use they started to crack and we think the main reason for that is that they are made from immitation leather, not real leather.
    Couches are in every day use ofcourse, as we watch tely and spending some time in the living room.

    Question now, will that couch affect our deposit we should get back, as we have to move out after 2 months because the landlady wants/needs to sell the house ..

    Picture attached:


  • Closed Accounts Posts: 10,272 ✭✭✭✭Max Power1


    imho that looks beyond 12 months of "wear and tear"


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  • Registered Users, Registered Users 2 Posts: 428 ✭✭MarkoC


    Max Power1 wrote: »
    imho that looks beyond 12 months of "wear and tear"
    You are very right here, as we can all calculate how long we lived in the house :) Even in 5 years of use, normal leather couches wont crack like this particular one ?
    But thats not my question here ... I said the couches started cracking after 12 months of use. The couch saw 19 months of use if we go straight to the numbers ...


  • Banned (with Prison Access) Posts: 2,138 ✭✭✭paky


    DeadMoney wrote: »
    Hi, i am wondering on what grounds a landlord can legally hold on to a deposit? Assuming no damage was done to the property or its contents and the lease agreement was carried out successfully, can a landlord just refuse to not give back a deposit? And what steps can you take to retain it?

    Thanks

    getting him in a headlock and giving him 24 hours to show with the money normally works.


  • Registered Users, Registered Users 2 Posts: 570 ✭✭✭stevecrow74


    had something similar when someone moved out and threatened the rest of the house with legal action because deposit was withheld...

    there are a few reasons a landlord can retain deposit..
    insufficient or no notice of leaving.. i.e. less that 28 days (has to be in writing too)
    bills not paid to date
    damages made to property or contents (not due to wear and tear)

    if there is a lease and you leave before the lease is up, its up to the tenant to find a replacement tenant for the rest of the contract, failure to do so will also cause retention of deposit..

    these are the main reasons that landlords can retain deposits, after that you can go to the PRTB if you feel you have a right to have your deposit returned to you.


  • Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    MarkoC wrote: »
    You are very right here, as we can all calculate how long we lived in the house :) Even in 5 years of use, normal leather couches wont crack like this particular one ?
    But thats not my question here ... I said the couches started cracking after 12 months of use. The couch saw 19 months of use if we go straight to the numbers ...
    You probably should have informed the landlord when this damage started occurring. It's going to seem odd now when (s)he shows up and the couches look like that.
    If it were me, I'd certainly be inclined to keep a portion of the deposit.


  • Banned (with Prison Access) Posts: 890 ✭✭✭CrinkElite


    Don't take any crap OP, If your landlord is going to buy the cheapest most useless stuff they can't act surprised when it falls apart.


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