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Landlord being difficult about returning deposit

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  • 25-01-2012 6:12pm
    #1
    Ms Tootsie
    Registered Users Posts: 672 ✭✭✭


    Hi all

    I am hoping for some advice. Our landlord (who has for the best part of our tenency been a total twat) is being difficult about sorting our deposit. We have been living in the property for two years and give him the appropriate 42 days notice that we were moving out. Two weeks ago I called him to arrange the handing over of the keys and returning of the deposit. (I cannot stress enough how much of a chancer he has been so I wanted to be there when he was inspecting the property so he could see that the place is in immculate condition and I wouldnt put it past him saying he needed to keep the deposit or a good chunk of it for 'repairs').

    A date and time was agreed for this. When I called to double check he would still be meeting us at the apartment on Friday as arranged he has just informed me he is unable to make it on Friday or on Thursday night or any day over the weekend. As we have moved to another county I cant be travelling back and forth to meet him during the week. Instead he wants us to leave the keys in the latter box stating that he will inspect the property when he is free and will wire us whatever deposit at a later date.

    I have spoken to Threshold already and I know we are stuck in that sense as he is under no obligation to give us it back until 4 weeks after we move out it's just I was wondering if anyone had any suggestions or advice as I really dont want to get stuck with whatever amount of the deposit he himself deems suitable to be return. Plus as we just have bought a house the extra money has already been earmarked to pay for certain things.

    Any advice greatly appreciated I know it's a bit of an odd one!
    Tagged:


Comments

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    #2
    Ritchi
    Registered Users Posts: 319 ✭✭Ritchi


    I wouldn't be giving him the keys until I got the deposit back anyway.


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    #3
    si_guru
    Registered Users Posts: 2,347 ✭✭✭si_guru


    You need to get someome to go on your behalf.. do yoiu have a friend or colleague that could be there at the same time as this landlord?

    Take photos of everything too! Make sure the date is on the camera correctly or get an image of a current newspaper in each photo!

    Good luck!


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    #4
    Ray Palmer
    Registered Users Posts: 8,368 ✭✭✭Ray Palmer


    Ritchi wrote: »
    I wouldn't be giving him the keys until I got the deposit back anyway.
    You did read that the LL doesn't have to give the deposit back for 4 weeks right? Plus he can change the locks which is what I do everytime a tenant leaves. A completly useless suggestion that gets trucked out everytime

    OP
    The reality is you kind of have to trust him and if he doesn't pay then go to the PRTB. You will here the usual stuff about what people "think" you can do but most won't work if you leave the country and most don't work at all.


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    #5
    BostonB
    Closed Accounts Posts: 18,056 ✭✭✭✭BostonB


    Get a friend still here to meet him for the inspection. Bring a camera etc.

    Sounds like he avoiding meeting you so as to have an excuse not to return the deposit.


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    #6
    someuser905
    Banned (with Prison Access) Posts: 112 ✭✭someuser905


    why did u pay the last months rent?


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    #7
    Coriolanus
    Registered Users Posts: 4,879 ✭✭✭Coriolanus


    someuser905 wrote: »
    why did u pay the last months rent?
    A little thing called legal obligation perhaps? The tenant doesn't have the right to nonpay the rent just because they don't want hassle over the deposit.


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    #8
    shangri la
    Registered Users Posts: 952 ✭✭✭shangri la


    Just give back the keys and if he keeps the deposit cross that bridge when you get to it.


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    #9
    denballs
    Banned (with Prison Access) Posts: 837 ✭✭✭denballs


    get a friend to go tell the landlord the friend is employed as a gardai.....the landlord wont bother you.......say you have that friend going as you thought it would be more suitable to leave the keys with a gardai.....makes sense


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    #10
    petethebrick
    Closed Accounts Posts: 1,031 ✭✭✭petethebrick


    Nevore wrote: »
    A little thing called legal obligation perhaps? The tenant doesn't have the right to nonpay the rent just because they don't want hassle over the deposit.

    Never pay the last month's rent myself due to dodgy landlords like the OP's. I don't care if its legal or not, it has always worked out for me.


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    #11
    RentDayBlues
    Registered Users Posts: 2,131 ✭✭✭RentDayBlues


    Sorry, where exactly does it legally state the LL can wait 4 weeks to return the deposit???

    Did you make the LL wait 4 weeks for the deposit? It is not his money, leagally it is still yours. I would insist on getting the deposit back in person and doing exchange of keys at the same time.

    You paid your rent on time, I assume, and are entitled to your deposit back on time less any damages, simple as

    We moved out of rented apartment in Oct, we exchanged keys/bill transfer and deposit on the same day, there is no reason to have it drag out


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    #12
    GetWithIt
    Registered Users Posts: 2,081 ✭✭✭GetWithIt


    Ritchi wrote: »
    I wouldn't be giving him the keys until I got the deposit back anyway.
    someuser905 wrote: »
    why did u pay the last months rent?
    denballs wrote: »
    get a friend to go tell the landlord the friend is employed as a gardai.....the landlord wont bother you.......say you have that friend going as you thought it would be more suitable to leave the keys with a gardai.....makes sense
    petethebrick wrote: »
    Never pay the last month's rent myself due to dodgy landlords like the OP's. I don't care if its legal or not, it has always worked out for me.
    RentDayBlues wrote: »
    Sorry, where exactly does it legally state the LL can wait 4 weeks to return the deposit???

    Did you make the LL wait 4 weeks for the deposit? It is not his money, leagally it is still yours. I would insist on getting the deposit back in person and doing exchange of keys at the same time.

    You paid your rent on time, I assume, and are entitled to your deposit back on time less any damages, simple as

    We moved out of rented apartment in Oct, we exchanged keys/bill transfer and deposit on the same day, there is no reason to have it drag out

    Was tempted to multi-quote and reply solely with the word - idiots - but have taken the higher ground and enclosed the prtb documentation on the issue.

    http://public.prtb.ie/DownloadDocs/Deposit%20Refund.pdf


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    #13
    RentDayBlues
    Registered Users Posts: 2,131 ✭✭✭RentDayBlues


    GetWithIt, as you've included my post in your fantastically informative post, exactly what about it did you see as idiotic? Based on what you posted, this corresponds to my post

    "Tenants are entitled to a refund of the deposit paid at the commencement of the tenancywhere there is no rent owing in respect of the tenancy and there is no damage to the dwelling beyond normal wear and tear at the end of the tenancy. Landlords are required to refund the
    deposit promptly less any deductions in respect of outstanding rent and damage in excess of normal wear and tear."

    Exactly what about your post is the "higher ground" fails me.


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    #14
    BostonB
    Closed Accounts Posts: 18,056 ✭✭✭✭BostonB


    I don't get it either.


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    #15
    Ray Palmer
    Registered Users Posts: 8,368 ✭✭✭Ray Palmer


    RentDayBlues wrote: »
    Sorry, where exactly does it legally state the LL can wait 4 weeks to return the deposit???

    Did you make the LL wait 4 weeks for the deposit? It is not his money, leagally it is still yours. I would insist on getting the deposit back in person and doing exchange of keys at the same time.

    You paid your rent on time, I assume, and are entitled to your deposit back on time less any damages, simple as

    We moved out of rented apartment in Oct, we exchanged keys/bill transfer and deposit on the same day, there is no reason to have it drag out

    THe OP even admits this is what threshold say. it doesn't matter about what you think a LL has 4 weeks to pay the deposit back. Thems the rules it does seem you seem to be missing that what you think and what the regulations allow are different. Your insistance is on the level of just shouting "I don't care I want it my way" it isn't get on with it.


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    #16
    RentDayBlues
    Registered Users Posts: 2,131 ✭✭✭RentDayBlues


    Ray Palmer, Threshold is a charity organisation with no more powers than St V de P

    The 4 weeks thing is just something they said, it has no legal binding and is not in anyway a regulation, check your facts.


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    #17
    GetWithIt
    Registered Users Posts: 2,081 ✭✭✭GetWithIt


    The regulations solely state the word "promptly".

    Promptly doesn't mean RIGHT NOW OR I'M GOING TO KICK YOUR ASS, as your post seems to suggest.

    Threshold suggested 4 weeks and, whilst a little long, I would accept that as a reasonable time period during which the landlord may verify there are no outstanding issues not immediately apparent.

    I'm not a landlord. The longest I've waited for a deposit to be returned was 2 weeks and it was an entirely amicable situation.

    It's a business transaction, nothing more. Treat it as such.


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    #18
    Ray Palmer
    Registered Users Posts: 8,368 ✭✭✭Ray Palmer


    RentDayBlues wrote: »
    Ray Palmer, Threshold is a charity organisation with no more powers than St V de P

    The 4 weeks thing is just something they said, it has no legal binding and is not in anyway a regulation, check your facts.
    So immediate isn't under any rule defeating your point. 4 weeks is considered reasonable by an orgainsation that is charity to help people. Immediate isn't reasonable or regulations.


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    #19
    Fiii
    Registered Users Posts: 952 ✭✭✭Fiii


    Take photos...LOTS of photos, with date and time attached.
    If he tries to stiff you on your deposit, email him said photos, and tell him you will take the case to the PRTB with your proof.
    And remember, he can only take some of your deposit for damage above wear and tear. NOT cleaning etc.


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    #20
    Ms Tootsie
    Registered Users Posts: 672 ✭✭✭Ms Tootsie


    Ray Palmer wrote: »
    You did read that the LL doesn't have to give the deposit back for 4 weeks right? Plus he can change the locks which is what I do everytime a tenant leaves. A completly useless suggestion that gets trucked out everytime

    OP
    The reality is you kind of have to trust him and if he doesn't pay then go to the PRTB. You will here the usual stuff about what people "think" you can do but most won't work if you leave the country and most don't work at all.

    thanks for this!


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    #21
    Ms Tootsie
    Registered Users Posts: 672 ✭✭✭Ms Tootsie


    RentDayBlues wrote: »
    Sorry, where exactly does it legally state the LL can wait 4 weeks to return the deposit???

    Did you make the LL wait 4 weeks for the deposit? It is not his money, leagally it is still yours. I would insist on getting the deposit back in person and doing exchange of keys at the same time.

    You paid your rent on time, I assume, and are entitled to your deposit back on time less any damages, simple as

    We moved out of rented apartment in Oct, we exchanged keys/bill transfer and deposit on the same day, there is no reason to have it drag out

    Yeah we paid on time every month for the last two months. He is a bit of a chancer which is why I am now worried about the deposit. Tooks lots of the advice here and took loads of dated pictures and then we posted the keys into his PO box. We have been trying to call him today as he requested to arrange getting the deposit back and now he is not picking up. I am going to give him a few more days grace but then something has to be done if he is blatently avoiding our calls.


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    #22
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Ray Palmer wrote: »
    So immediate isn't under any rule defeating your point. 4 weeks is considered reasonable by an orgainsation that is charity to help people. Immediate isn't reasonable or regulations.

    I would argue that 4 weeks is not reasonable either, considering most people require their deposit to fund them moving into their new accomodation. I really dont see why a landlord would have any reason to drag the returning of a deposit out beyond a day or two at the most, and quite frankly as a tenant if I didnt have my deposit back either in cash on the day of my leaving/landlord inspection or in my bank account in a few days max I would be seriously unimpressed and question the motives of the landlord.


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    #23
    Ms Tootsie
    Registered Users Posts: 672 ✭✭✭Ms Tootsie


    kaza2710 wrote: »
    Yeah we paid on time every month for the last two months. He is a bit of a chancer which is why I am now worried about the deposit. Tooks lots of the advice here and took loads of dated pictures and then we posted the keys into his PO box. We have been trying to call him today as he requested to arrange getting the deposit back and now he is not picking up. I am going to give him a few more days grace but then something has to be done if he is blatently avoiding our calls.

    Whoops! I mean we paid on time every month for the last two years.


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    #24
    coco_lola
    Closed Accounts Posts: 1,208 ✭✭✭coco_lola


    Oops, I posted in the Wrong thread! Sorry! :) Continue with your conversation as if I never posted. :D

    Not right I know, but our situation is not ideal.


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    #25
    denballs
    Banned (with Prison Access) Posts: 837 ✭✭✭denballs


    GetWithIt wrote: »
    Was tempted to multi-quote and reply solely with the word - idiots - but have taken the higher ground and enclosed the prtb documentation on the issue.

    http://public.prtb.ie/DownloadDocs/Deposit%20Refund.pdf


    see this is why nobody likes you...if you call people {and i can only speak for myself here tbh) with the top 2 percentile IQ on the planet idiots ...it just makes you look like a massive.....trolling arrogant angry little..............see even i dont have the words for how foul you are without resorting to profanity


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    #26
    Stereomaniac
    Registered Users Posts: 6,166 ✭✭✭Stereomaniac


    Come on now....


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    #27
    Victor
    Registered Users Posts: 78,350 ✭✭✭✭Victor


    GetWithIt wrote: »
    Was tempted to multi-quote and reply solely with the word - idiots - but have taken the higher ground
    Actually no, you have called people "idiots", which is unacceptable.
    denballs wrote: »
    see this is why nobody likes you...if you call people {and i can only speak for myself here tbh) with the top 2 percentile IQ on the planet idiots ...it just makes you look like a massive.....trolling arrogant angry little..............see even i dont have the words for how foul you are without resorting to profanity
    If there is a problem with a post, don't reply to it, just report it.


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    #28
    GetWithIt
    Registered Users Posts: 2,081 ✭✭✭GetWithIt


    denballs wrote: »
    get a friend to go tell the landlord the friend is employed as a gardai.....the landlord wont bother you.......say you have that friend going as you thought it would be more suitable to leave the keys with a gardai.....makes sense
    denballs wrote: »
    see this is why nobody likes you...if you call people {and i can only speak for myself here tbh) with the top 2 percentile IQ on the planet idiots ...it just makes you look like a massive.....trolling arrogant angry little..............see even i dont have the words for how foul you are without resorting to profanity
    I'll rephrase. Your suggestion makes very little sense.


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