Time frame to return deposit

yoginindublin · 06-05-2014 8:51am #1

Just wanted to ask as to what is a reasonable timeframe for my previous landlord to return my deposit before I start following up?

The_Morrigan · 06-05-2014 9:07am

Deposits should be returned at the final inspection as keys are being handed back.

Ray Palmer · 06-05-2014 10:08am

The_Morrigan wrote: »

Deposits should be returned at the final inspection as keys are being handed back.

In fairness that is your opinion but they actually have 30 days by law

the_syco · 06-05-2014 10:10am

Ray Palmer wrote: »

In fairness that is your opinion but they actually have 30 days by law

Also, some landlords usually wait until after bills are due before returning any money.

The_Morrigan · 06-05-2014 10:15am

I wouldn't consider thirty days to be reasonable. Final bills should be known the day the keys are returned, quick meter reading and phone call is all that is required.
I think if landlords are allowed to walk away with a deposit to be returned at a later date the likelihood of receiving the full amount decreases over time.

Ray Palmer · 06-05-2014 11:25am

The_Morrigan wrote: »

I wouldn't consider thirty days to be reasonable. Final bills should be known the day the keys are returned, quick meter reading and phone call is all that is required.
I think if landlords are allowed to walk away with a deposit to be returned at a later date the likelihood of receiving the full amount decreases over time.

That's fine as an opinion but you don't have to give it back they day they leave. I believe the wording is a "reasonable amount of time" in normal financial terms that is 30 days.

The_Morrigan · 06-05-2014 11:42am

Ray Palmer wrote: »

That's fine as an opinion but you don't have to give it back they day they leave. I believe the wording is a "reasonable amount of time" in normal financial terms that is 30 days.

Ray is it a reasonable amount of time or is 30 days actually stipulated?
From writing credit agreements in the financial industry I can tell you 30 days is not considered reasonable if money is owed..more like 3- 14 days.

thomas anderson. · 06-05-2014 11:44am

Wouldnt hand the keys back until I get the deposit refunded or use the deposit as last months rent

Ray Palmer · 06-05-2014 12:44pm

thomas anderson. wrote: »

Wouldnt hand the keys back until I get the deposit refunded or use the deposit as last months rent

One of which is certainly illegal and holding the keys doesn't make much difference when most LL replace the locks.

thomas anderson. · 06-05-2014 2:16pm

Ray Palmer wrote: »

One of which is certainly illegal and holding the keys doesn't make much difference when most LL replace the locks.

Have done both on 2 occasions.

Ray Palmer · 06-05-2014 2:37pm

thomas anderson. wrote: »

Have done both on 2 occasions.

It doesn't make it legal

thomas anderson. · 06-05-2014 3:51pm

Ray Palmer wrote: »

It doesn't make it legal

Sure it does.

Where is the law that says its illegal to use the deposit as the last months rent?

The_Morrigan · 06-05-2014 3:58pm

thomas anderson. wrote: »

Sure it does.

Where is the law that says its illegal to use the deposit as the last months rent?

As the deposit is not 'rent' then using the deposit as rent is contrary to clause 16(a)(i), therefore illegal.

http://www.irishstatutebook.ie/2004/en/act/pub/0027/print.html#sec16

thomas anderson. · 06-05-2014 4:03pm

The_Morrigan wrote: »

As the deposit is not 'rent' then using the deposit as rent is contrary to clause 16(a)(i), therefore illegal.

http://www.irishstatutebook.ie/2004/en/act/pub/0027/print.html#sec16

(4) Subsection (1)(d) applies and has effect subject to the following provisions:

(a) no amount of the deposit concerned shall be required to be returned or repaid if, at the date of the request for return or repayment, there is a default in—

(i) the payment of rent and the amount of rent that is in arrears is equal to or greater than the amount of the deposit, or

The_Morrigan · 06-05-2014 4:07pm

thomas anderson. wrote: »

(4) Subsection (1)(d) applies and has effect subject to the following provisions:

(a) no amount of the deposit concerned shall be required to be returned or repaid if, at the date of the request for return or repayment, there is a default in—

(i) the payment of rent and the amount of rent that is in arrears is equal to or greater than the amount of the deposit, or

That just means that if you don't bother paying your rent then you can kiss goodbye to your deposit - it doesn't mean that you may refuse to pay your last months rent.

You're wrong - end of story.
A tenant is obliged to pay their rent each and every month otherwise they are in breach of the RTA.

Now, back on topic please.

yoginindublin · 15-05-2014 3:57pm

so, its been one month already and I still do not have my deposit back. the agent had told me last Friday that it would be done on Friday 9th of May. I have sent an email following up on Tuesday and she said she would fix it and still have nothing. what are my rights?

Cuddlesworth · 15-05-2014 4:17pm

yoginindublin wrote: »

so, its been one month already and I still do not have my deposit back. the agent had told me last Friday that it would be done on Friday 9th of May. I have sent an email following up on Tuesday and she said she would fix it and still have nothing. what are my rights?

Registered letter outlining your case, stating your next step is prtb adjudication. If he never registered you, even better.

ted1 · 15-05-2014 6:12pm

More than likely your deposit is spent and you'll get it when the land lord has received a deposit from the new tenant

Carbon125 · 15-05-2014 6:31pm

Cuddlesworth wrote: »

Registered letter outlining your case, stating your next step is prtb adjudication. If he never registered you, even better.

Since the poster has already followed up twice, why waste time and money on writing registered letters... File a complaint with the PRTB immediately.

Cuddlesworth · 15-05-2014 8:16pm

Carbon125 wrote: »

Since the poster has already followed up twice, why waste time and money on writing registered letters... File a complaint with the PRTB immediately.

Because walking into the PRTB saying I "spoke" to the landlord and texted him doesn't carry the same weight as adding the acceptance or refusal of a registered letter. The prtb isn't a court, you send in your evidence and they review it. The more evidence, the sounder your case is.

My last landlord held the deposit for 6 weeks. I got a panicked phone call 3 days after the letter was sent, telling me the money was in my bank that day.

yoginindublin · 15-05-2014 9:45pm

There is a new tenant in after me. In fact they requested if I could turn over the apartment one day earlier. Also the rent was increased by 600 euros more with the new tenant

hfallada · 17-05-2014 9:58am

It's not as simple as checking the ESB meter and working out energy usage. Bin companies are a nightmare to get bills off and so is cable companies. When you to go to collect the keys you might see the house needs to be professional cleaned or needs repairs, something that must come out of the deposit.

Tenants expect their deposit back pretty much on the spot. But it's not that simple. And its even more ridiculous when they Dont give you an address to mail the deposit to as they changed number

yoginindublin · 22-05-2014 8:02am

all the bills have already beed settled, and since its an apartment complex, the bins are part of the rent. I have sent 2 more emails to the landlady and to the agent. Landlady not replying to me and agent says she will sort it out. Still no sign of it.

One more thing though, my husband was one day late in canceling the standing order so that means the next month went out already. We are chasing this too. What are the laws on this? Before I set a case to the PTRB, I want to make sure that I can get back the rent as well. Thanks!

Time frame to return deposit

Comments