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Normal Wear & Tear

  • 02-08-2011 3:46pm
    #1
    Registered Users, Registered Users 2 Posts: 85 ✭✭


    We moved out of an apartment yesterday after three years and the landlord is refusing to return the deposit (€1,100) as they state that the carpets & duvets need to be professionally cleaned, which could cost hundreds of euro apparently. The carpet was not new when we moved in and is worn from use, however, the landlord insists he has had a carpet in his house for over 20 years. They are also stating that a table, which had a glass cover throughout the 3 years was stained, they said we must have removed the glass cover at some stage to cause stains to the wood.

    I have looked at this document on prtb http://public.prtb.ie/DownloadDocs/Wear%20&%20Tear.pdf, and have taken photos but just general room shots not up close photos. As wear & tear is subjective what does one do from here, as a tenant I would say we lived in the place for 3 years paid the rent on time, but the place was lived in and is bound to show signs of use.


Comments

  • Registered Users, Registered Users 2 Posts: 1,032 ✭✭✭McTigs


    what you describe is normal wear and tear imo and the landlord should have no right to withhold deposit. Quite a few landlords fail to factor in repairs and renuals when investing in property so when it is neccesary they look for a way to cover it so they are not out of pocket.

    Seek advice from threshold and if they see fit they will report the case to the PRTB.

    tbh, landlords withhold deposits in the hope the tennant won't contest it. Be sure to contest it, it's your money.


  • Registered Users, Registered Users 2 Posts: 4,466 ✭✭✭Snakeblood


    We moved out of an apartment yesterday after three years and the landlord is refusing to return the deposit (€1,100) as they state that the carpets & duvets need to be professionally cleaned, which could cost hundreds of euro apparently. The carpet was not new when we moved in and is worn from use, however, the landlord insists he has had a carpet in his house for over 20 years. They are also stating that a table, which had a glass cover throughout the 3 years was stained, they said we must have removed the glass cover at some stage to cause stains to the wood.

    I have looked at this document on prtb http://public.prtb.ie/DownloadDocs/Wear%20&%20Tear.pdf, and have taken photos but just general room shots not up close photos. As wear & tear is subjective what does one do from here, as a tenant I would say we lived in the place for 3 years paid the rent on time, but the place was lived in and is bound to show signs of use.

    He's not allowed factor in professional cleaning. He should probably do that anyway as a matter of course for the next tenant.


  • Registered Users, Registered Users 2 Posts: 436 ✭✭Spiritofthekop


    We moved out of an apartment yesterday after three years and the landlord is refusing to return the deposit (€1,100) as they state that the carpets & duvets need to be professionally cleaned, which could cost hundreds of euro apparently. The carpet was not new when we moved in and is worn from use, however, the landlord insists he has had a carpet in his house for over 20 years. They are also stating that a table, which had a glass cover throughout the 3 years was stained, they said we must have removed the glass cover at some stage to cause stains to the wood.

    I have looked at this document on prtb http://public.prtb.ie/DownloadDocs/Wear%20&%20Tear.pdf, and have taken photos but just general room shots not up close photos. As wear & tear is subjective what does one do from here, as a tenant I would say we lived in the place for 3 years paid the rent on time, but the place was lived in and is bound to show signs of use.


    He is just trying to rip you off.

    Do not under any circustances had back the keys until you get your full deposit back.


  • Registered Users, Registered Users 2 Posts: 85 ✭✭CASEsensitive


    Unfortunately, we have handed back the keys. The landlord has now informed us that the carpets are beyond repair and will need to be replaced.

    What I can't figure out is how they think they will get away with this, they seem to be happy to proceed to the PRTB. They still have to provide us with a breakdown of costs as to why they retained the deposit, it makes you wonder why more people don't just walk away from the their rental without paying the last months rent.


  • Registered Users, Registered Users 2 Posts: 436 ✭✭Spiritofthekop


    Unfortunately, we have handed back the keys. The landlord has now informed us that the carpets are beyond repair and will need to be replaced.

    What I can't figure out is how they think they will get away with this, they seem to be happy to proceed to the PRTB. They still have to provide us with a breakdown of costs as to why they retained the deposit, it makes you wonder why more people don't just walk away from the their rental without paying the last months rent.

    There is just as many scumbag landlords as there is tenants unfortunately.

    They probably think you wont go through with the PRTB as you have to pay €25 I think to build a case against them which can take a while to go through. You should win the case from what ive read.

    First thing every tenant should do when walking into a new property rental is take PHOTOS of EVERYTHING.

    Scumbag Landlords only pick on the weak (not saying your weak, he/she has probably just picked up on the fact that you had no comeback on him/her..ie photos, proof, etc etc) if they think they can get away with it.


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  • Registered Users, Registered Users 2 Posts: 85 ✭✭CASEsensitive


    We have photos, not of every single inch of the property but ones that show it was in good repair.

    I informed them that i will be submitting the complaint to the PRTB, I don't know whether its a case of they don't have the money or are just crazies. They are first time landlords and are saying things like the seal on the bottom of the shower is loose and a press door is misaligned and will need to be replaced.

    Its just frustrating when you do things right rent was always paid on time, i think we only contacted them 2-3 times over three years for things, and yet someone can just steal this money from you, and you have to wait for a prolonged period to get it back.


  • Registered Users, Registered Users 2 Posts: 436 ✭✭Spiritofthekop


    We have photos, not of every single inch of the property but ones that show it was in good repair.

    I informed them that i will be submitting the complaint to the PRTB, I don't know whether its a case of they don't have the money or are just crazies. They are first time landlords and are saying things like the seal on the bottom of the shower is loose and a press door is misaligned and will need to be replaced.

    Its just frustrating when you do things right rent was always paid on time, i think we only contacted them 2-3 times over three years for things, and yet someone can just steal this money from you, and you have to wait for a prolonged period to get it back.

    Well if they are only first time landlords in there first investment they probably just dont know the laws regarding wear & tear, so i will take back the "scumbag" tag for these landlords.

    3 years in a property renting is a long time & lots of wear & tear will happen in that period. The fact that you paid on time for 3 years & your bills were paid & you have photos will stand you in a very good position.

    Contact the PRTB and go through with the case & you should get all your deposit back.


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