Deposit trouble.

keithb93

Ok I'm having some trouble with my landlady. In the lease its stated we had to keep the house spotless at all times but over the year we were a bit messy.

Somehow beer was spilt on the wall and wax was put on the sittingroom wall. It took us a few months but we cleaned it off but now the landlady said because it wasn't cleaned in time, she is charging us to get the walls repainted.

We also broke the tv because someone spilt beer on it. She is is charging us for a new tv even though it didn't have buttons and we had to stick in a pen to change the channel.

Also the oven was a fire hazard and went up in flames one time. We've cleaned that but now she wants it professionally cleaned, with our deposit.

She also said it will be inspected and we are liable to pay the inspection fee too.

All in all the house is in a reasonable condition now, a few months ago it was pretty messy but we've tidied it. So now she thinks our 1200 euro deposit wont cover it and were liable for any expenses after that. Can she do that?

There is absolutely no structural damage, tables, chairs, carpets all the way we got them.
Any advice?

Logical Fallacy

By law the deposit is yours, not your landlords, they can make deductions for damage above normal wear and tear but they cannot just pile on the cost to make big improvements to the house on your buck.

If you feel the deductions are unfair then I would suggest getting in touch with Threshold.

Solair

Gather evidence :

Take photographs of absolutely everything (in context) and bring an independent witness (not a friend of yours) to verify the state of the place too.

You could be liable for the cost of the TV, but if it was an old clapped out thing, you are liable for the cost of an old clapped out TV, which isn't very much.

Also, the inspection fee is unreasonable. Carrying out an inspection is part of the job of a landlord.

Contact Threshold immediately.

Then you will probably have to get the wheels in motion with the PRTB.

djimi

Have you got photos/signed inventory to show the state of the oven and TV before you moved in?

If she wants an inspection she can pay for it herself; you are not liable for that cost.

The repaint sounds a lot like wear and tear, which you are not liable for. Unless the walls are excessively damaged then she has no case against you in that regard.

Any money she wants to deduct from your deposit she must be able to provide invoices/receipts for; she cannot just pick a figure out of thin air and deduct it from your deposit. She also cannot deduct for work which she carries out herself.

Even worst case scenario and you were liable for everything you have mentioned then I cant see it coming to half that deposit, let alone the full thing, unless you broke a brand new LED TV or something.

Best thing to do is get her to provide you with invoices for all the work she reckons she needs carrying out. If you are not happy with any of it and she is not playing ball then open a dispute with the PRTB and let them sort it out.

edellc

Normally I would agree with the tenant but not this time

you must have been having some wild parties to destroy carpets, wallpaper and a tv I mean come on WTF, having beer on everything and wax is not the normal wear and tear and as far as i can see you are responsible for this, how on earth was the cooker a fire hazzard unless it wasnt cleaned and that is your reponsibility....you sound like tenants from hell and you have to pay for the damage you have done

As for your deposit yes it is not the landlords to keep but the deposit is there for the purpose of what you have done, once you move out the landlady is entitled to replace and get cleaned what you have destroyed, and once she can provide receipts for the work carried out she is well entitled to keep that amount from your deposit, likewise if you leave outstanding utility bills she is also entitled to deduct those amounts

Next time be more careful, you treat your rental accommodation like your family home I just hope you dont treat your family home like a pig sty either :eek:

keithb93

edellc wrote: »

Normally I would agree with the tenant but not this time

you must have been having some wild parties to destroy carpets, wallpaper and a tv I mean come on WTF, having beer on everything and wax is not the normal wear and tear and as far as i can see you are responsible for this, how on earth was the cooker a fire hazzard unless it wasnt cleaned and that is your reponsibility....you sound like tenants from hell and you have to pay for the damage you have done

As for your deposit yes it is not the landlords to keep but the deposit is there for the purpose of what you have done, once you move out the landlady is entitled to replace and get cleaned what you have destroyed, and once she can provide receipts for the work carried out she is well entitled to keep that amount from your deposit, likewise if you leave outstanding utility bills she is also entitled to deduct those amounts

Next time be more careful, you treat your rental accommodation like your family home I just hope you dont treat your family home like a pig sty either :eek:

We did have a few too many parties:o
But we havent damaged any carpets and we washed the wax and beer off the walls, they are in no need of a repainting, can she still claim beyond normal wear and tear?. I do take responsibility for the tv but it was worth next to nothing. It must have been 20 years old, all the buttons were missing from it.
Can she go and buy a brand new tv and charge us for it?

edellc

regardless of how well you apparently cleaned it if there is still stains then yes it will have to be redone and you have to pay for that

as for the tv it doesnt matter how old it was, it was supplied to you by the landlady and you broke it so it needs to be replaced, she has not right replacing it with a top of the range one but none the less she is entitled to replace it and again she needs to supply you with receipts so you have proof as to what she is deducting from the deposit

aN.Droid

Was there an inventory taken at the start of the tenancy?

djimi

edellc wrote: »

Normally I would agree with the tenant but not this time

you must have been having some wild parties to destroy carpets, wallpaper and a tv I mean come on WTF, having beer on everything and wax is not the normal wear and tear and as far as i can see you are responsible for this, how on earth was the cooker a fire hazzard unless it wasnt cleaned and that is your reponsibility....you sound like tenants from hell and you have to pay for the damage you have done

As for your deposit yes it is not the landlords to keep but the deposit is there for the purpose of what you have done, once you move out the landlady is entitled to replace and get cleaned what you have destroyed, and once she can provide receipts for the work carried out she is well entitled to keep that amount from your deposit, likewise if you leave outstanding utility bills she is also entitled to deduct those amounts

Next time be more careful, you treat your rental accommodation like your family home I just hope you dont treat your family home like a pig sty either :eek:

Youre jumping to some wild conclusions there... Firstly the OP never mentioned damaged carpets. The "damage" to the walls sounds like normal wear and tear to me; we almost never have parties and even we have a couple of wax marks over the mantlepiece, as well as the odd scuff mark on the walls from wear and tear over time. Unless the wall is literally destroyed then I dont think this should be too much of an issue.

The TV sounds like a crock of **** to begin with; the landlady is only entitled to replace it with like for like, which by the sounds of it could be picked up for nothing at the local dump.

Our oven is an absolute disgrace and has been since the first day we moved in, despite numerous cleaning. We eventually gave up on it; notified the letting agent of its condition from the start of our tenancy and bought a halogen oven which we use happily in place of the full oven. Life is too short to be cleaning ovens which dont ever seem to want to get clean.

If you take the OP at their word (which is all we can do on an internet forum) and read the OP fully then it is very apparent that the landlady is making every excuse under the sun to keep the entirety of the €1200 deposit. She may be entitled to a very small portion of it to replace an already clapped out TV and maybe repaint a wall or two, but nothing more than a couple of hundred at the absolute most. To call the OP tenants from hell is bang out of order imo.

edellc

I never said the landlady was entitled to the full deposit she certainly is not, however she is entitled to replace the tv and yes we have to take the OP at their word, the OP has already agreed that yes wild parties where had and the damage

Somehow beer was spilt on the wall and wax was put on the sittingroom wall.

is also outlined by the OP, beer leaves a stain as does wax on a wall, yes the walls are probably wear and tear and a lick of paint wont go amiss, and should not be paid for out of a deposit, also if beer is spilt on the walls then where do you think it drips to...the ceiling :rolleyes: depending on what type of floor the op has various amounts of damage could be done again it depends on the amount of damage done as to if professional cleaning is needed

And calling the OP a tenant from hell is not out of order It is my opinion not yours and I am entitled to make a judgement if the OP chooses to post on a forum like boards.

Pkiernan

djimi wrote: »

The repaint sounds a lot like wear and tear, which you are not liable for. Unless the walls are excessively damaged then she has no case against you in that regard.

Beer stains on a wall for 3 months is normal wear and tear?

Wow, I can't say I'd like to share accomodation with you :eek:

djimi

Pkiernan wrote: »

Beer stains on a wall for 3 months is normal wear and tear?

Wow, I can't say I'd like to share accomodation with you :eek:

Okay I misread the part where they said it wasnt cleaned off for a couple of months. Thats probably fair game to have the repaint taken from the deposit then; OP can have little complaint about that.

keithb93

Limericks wrote: »

Was there an inventory taken at the start of the tenancy?

Nope no inventory was taken.
Its just the way she said the deposit probably wont cover the damages which is annoying me.
Ok how much can she charge to get the walls repainted. My housemate is replacing the tv with another one with buttons. Can she reject this?

Also she charged 140 to replace the filter of the washingmachine when someone left money in their pockets. Her boyfriend/brother or some relation is the one who fixed it.
Btw the house is registered.

djimi

keithb93 wrote: »

Nope no inventory was taken.
Its just the way she said the deposit probably wont cover the damages which is annoying me.
Ok how much can she charge to get the walls repainted. My housemate is replacing the tv with another one with buttons. Can she reject this?

Also she charged 140 to replace the filter of the washingmachine when someone left money in their pockets. Her boyfriend/brother or some relation is the one who fixed it.
Btw the house is registered.

She can charge whatever it costs, ie whatever she can provide a reciept or invoice for. My grandfather got his entire house painted, inside and out, for less than €500 recently so to paint one wall should not come to all that much.

Tell her there is no "probably" about it; either she provides you with the invoices/receipts for the repair work she intends to carry out or she cant charge for it. Make this very clear to her.