Question on getting the deposit back

fibix

Moving out and all of sudden there's the deposit issue.
Basically my landlord says I didn't pay one. Now it was long time ago in fairness but I do remember handing her cash when I looked at the place and decided to rent the room.
She says that I asked her if I could pay her when I was getting my wages the following week and it was only rent, not a deposit. I do remember that, this was a rent that I transferred to her account later on but there's no record of the deposit.
Except that there is a lease agreement she prepared and we both signed off when I actually moved in (few days later after we've met for the first time... to me this is when I handed her the deposit which she doesn't remember now). It says that deposit of 300e have been taken and will be returned when moving out.
We've had a good time in the house and even though it's not so good now I don't want to leave on bad terms. But it make no sense to me why somebody would agree to rent the place and don't take the deposit to secure it when I said I was coming back in few days. And AFTER that why would she prepare a lease agreement where it says the deposit was taken?
Also, I do live in a real world and would not go house hunting with no money hoping they will keep it for me just because I said so.
Where am I with this? Please advise. I do care about this money, can't really let this go and I do believe I paid it.

fibix

Anybody?

djimi

I take it you were living with the landlord, yes?

What exactly does the lease say about the deposit? If the lease specifies that a deposit of €300 was paid and you both signed off on it then to me that is as good as a receipt.

fibix

Living with the landlord, yes.
The lease say:
"A security deposit of €€€ was taken and will be returned to tenant on notice of termination after premises have been checked for damages less outstanding household bills or used as last the final months rent if so wished".

The document was prepared by her and signed by both of us.

bobmalooka

fibix wrote: »

Anybody?

Are you saying you have a copy of the lease stating you paid €300 deposit signed by you and landlord?

If so then she owes you €300 ( less deductions)

Contact PRTB if she drags her heels.

djimi

fibix wrote: »

Living with the landlord, yes.
The lease say:
"A security deposit of €€€ was taken and will be returned to tenant on notice of termination after premises have been checked for damages less outstanding household bills or used as last the final months rent if so wished".

The document was prepared by her and signed by both of us.

That seems pretty rock solid to me so. You have a signed document saying that you paid a deposit. What more does she want?

PRTB is not an option btw as you are a licensee living with an owner occupier.

fibix

This is exactly what Im holding in my hand. But I was so taken aback and shocked last night when she stated I didn't pay one that I started to question everything.
I was hoping to end things in civil manner and hate to be taking it elsewhere to be sorted but €300 is €300.

fibix

djimi wrote: »

PRTB is not an option btw as you are a licensee living with an owner occupier.

She's technically renting herself on rent to buy scheme, the house doesn't belong to her.


Where would I have to go then to have the dispute solved if PRTB is not an option?

djimi

fibix wrote: »

She's technically renting herself on rent to buy scheme, the house doesn't belong to her.


Where would I have to go then to have the dispute solved if PRTB is not an option?

If she is subletting then technically she is still your landlord and as such you are there on license as you are living with your landlord.

To be honest, Im not really sure where you would go. As a licensee you dont have many (any really) rights; youre effectively a guest in her home. If she is insistent that you didnt pay a deposit then it might be worth seeking some legal advice; to me you have a pretty watertight proof of payment.

Uriel.

It would look to me you would have an enforceable contract. But it is outside of Landlord and tenant law.

You'll probably need to go to the small claims court. At the end of the day you have a legal document signed by both of you stating that you paid over the money/the money received by the other party.

She clearly won't have a similar document showing that she repaid the money to you.

These cases are rarely straightforward, especially as the document seems to have been signed prior to the purported handing over of the cash.

You are in the stronger position should it go to court though for sure. Maybe an application to the small claims court would be enough to "jog her memory"

fibix

Thanks for your advice. Can't believe it came to this