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Expired Lease - Retained deposit

  • 13-05-2013 12:22pm
    #1
    Zema Grim
    Registered Users, Registered Users 2 Posts: 18 ✭


    Hi guys, I can't seem to find where my answers lie with this one. I've recently left rented accommodation, I signed a lease and paid a deposit on Feb 8th 2012 and left in April 2013, so the years lease was up and not renewed by the landlord. I was paid up to the 8th of April and was out even before then. The apartment was 3 bedrooms, and the 3 tenants each had signed an individual lease for 300p/m. Upon contacting the landlord to arrange the return of my deposit, I got the following response:

    "I rent the property as a unit, not as individual rooms, it has always been the responsibility of the leaving tenant to get their deposit from the incoming tenant, I have never intervened in the process, as of now nobody has replaced you in the house, are you working with the guys to find a new tenant?"

    This is obviously bull, and certainly wasn't mentioned to me when she happily took my 300 euro deposit. No mention then of not intervening. I responded saying previous and subsequent tenants were not my concern, I paid my deposit directly to her and to let me know what she was doing. That was 10 days ago. What now? PRTB? Is small claims an option? Thanks for any advice!


Comments

  • #2
    djimi
    Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    If you paid your deposit to the landlord then you get your deposit back from the landlord. Did you get a receipt for the deposit?


  • #3
    Zema Grim
    Registered Users, Registered Users 2 Posts: 18 ✭Zema Grim


    djimi wrote: »
    If you paid your deposit to the landlord then you get your deposit back from the landlord. Did you get a receipt for the deposit?
    Aye but how do I get it back? I have the lodgement slip from lodging it to her account!


  • #4
    djimi
    Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    Should be proof enough I would have thought. Does your lease mention a deposit?

    Theres a good chance you are going to have to chase her through the PRTB. The scenario that she is proposing, while its not uncommon, has no real basis in law, and if you can show that you paid her the deposit then she must return it to you. The PRTB wont have any time for this notion of you getting your deposit from the next tenant.


  • #5
    miller50841
    Closed Accounts Posts: 1,525 ✭✭✭miller50841


    1st get onto Threshold they will give you a example letter you need to send and if that fails they will then tell you what your options are and you will have to open a dispute with the PRTB.

    Ive done all this and won my case its taken a year but my money is in the process of being sent to me by cheque from the PRTB to where it was sent.


  • #6
    Zema Grim
    Registered Users, Registered Users 2 Posts: 18 ✭Zema Grim


    Thanks guys. I had heard the PRTB take a very long time alright, but I'll chase this down on principle.


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