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Refund of deposit on rental property - reasonable terms?

  • 28-08-2014 8:04pm
    #1
    Closed Accounts Posts: 12


    I have been renting a property for 5 years and six months. I have given two months notice to quit property as I have bought a home. Landlady has requested that I have carpets and curtains professionally cleaned before I leave or she will not refund deposit. Carpets and curtains are in normal condition and are fifteen years old. Her logic is that she had this done before I moved in therefore I am obliged to have it done before I move out. I have priced same and it will cost in excess of 500 euro for a house with seven rooms and hallway. My deposit is 750 euro.
    She also wants me to replace oven (also fifteen years old) as she feels the inside is stained beyond cleaning. I pay my rent by direct debit every month and have never missed a payment or been late. I have been a model tenant in every regard.
    I am thinking of not paying rent for final month in lieu of deposit - what are my rights and obligations in this case? I want to avoid a stressful dispute but I feel that landlady is being very unreasonable.
    I signed a one year lease when I moved in but this has not been renewed since then. The property is registered with the PRTB.


Comments

  • Registered Users, Registered Users 2 Posts: 9,368 ✭✭✭The_Morrigan


    You have to pay your rent, if you use the deposit in lieu of rent you are breaking the terms of your lease and the RTA 2004.
    If she keeps your deposit, lodge a complaint with the PRTB. You do not have to replace appliances (that is her responsibility and a deductible expense on her tax return) you also don't have to pay for a professional cleaning once the property is returned in a reasonable state allowing for normal wear and tear.


  • Closed Accounts Posts: 16,705 ✭✭✭✭Tigger


    I have been renting a property for 5 years and six months. I have given two months notice to quit property as I have bought a home. Landlady has requested that I have carpets and curtains professionally cleaned before I leave or she will not refund deposit. Carpets and curtains are in normal condition and are fifteen years old. Her logic is that she had this done before I moved in therefore I am obliged to have it done before I move out. I have priced same and it will cost in excess of 500 euro for a house with seven rooms and hallway. My deposit is 750 euro.
    She also wants me to replace oven (also fifteen years old) as she feels the inside is stained beyond cleaning. I pay my rent by direct debit every month and have never missed a payment or been late. I have been a model tenant in every regard.
    I am thinking of not paying rent for final month in lieu of deposit - what are my rights and obligations in this case? I want to avoid a stressful dispute but I feel that landlady is being very unreasonable.
    I signed a one year lease when I moved in but this has not been renewed since then. The property is registered with the PRTB.

    Clean the house to a regular standard and ask for your deposit
    Take loads of photos and get someone fancy to come in and be a witness that the place is lovely
    Get lots of witnesses
    Then if she dosen't return the deposit ask for a reason in writing
    Then call the prtb
    They love witnesses in the prtb, even more than pictures


  • Closed Accounts Posts: 12 karennolan87


    Thanks posters. The problem I am encountering though is what constitutes "reasonable" and "regular standard". One person's definition is different to another's. I consider house to be clean and tidy. I live with four children so there is bound to be wear and tear. Landlady has been in house on regular basis, never mentioned problem before but now seems to be trying to avoid repaying deposit. I intend to clean and hoover but am inclined to draw the line at cleaning carpets professionally and curtains.


  • Registered Users, Registered Users 2 Posts: 9,368 ✭✭✭The_Morrigan


    Get a couple of bottles of Cif, bleach and a few j-clothes.
    Once the house is empty of all your belongings you need to dust and wipe out everything, hoover everywhere and wash all the floors. Things to look out for are finger marks on light switches, scuffs on skirting boards, crumbs or spillages in food cupboards/fridges. Put bleach in all the toilets (overnight is best) to remove any stains - I've also put bleach down any drains to give them a bit of a blitz too. Don't leave any rubbish behind.

    Take hundreds and hundreds of date stamped photos of the property. It may also be an idea to have the landlady in for an inspection a day or two before you hand back the keys let her see you in the midst of cleaning and ask her to point out any issues she thinks need rectifying.

    She is responsible for getting the house ready for new tenants, that includes updating furnishings, furniture, appliances and probably after such a long tenancy giving the place a lick of paint.


  • Closed Accounts Posts: 12 karennolan87


    Landlady lives in Germany. Plans to come inspect only after I have left.


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  • Registered Users, Registered Users 2 Posts: 9,368 ✭✭✭The_Morrigan


    Landlady lives in Germany. Plans to come inspect only after I have left.

    In that case, rely on the pictures and your common sense as to what is clean.
    Consider how you would want the house to be in you were the one to move into it in a couple of weeks time.


  • Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    When taking pictures have a copy of that days newspaper displayed in each. Date settings on cameras can be set to anything but can't argue with a dated newspaper.


  • Closed Accounts Posts: 12 karennolan87


    ken wrote: »
    When taking pictures have a copy of that days newspaper displayed in each. Date settings on cameras can be set to anything but can't argue with a dated newspaper.

    good tip thanks


  • Registered Users, Registered Users 2 Posts: 469 ✭✭boege


    Get a couple of bottles of Cif, bleach and a few j-clothes.
    Once the house is empty of all your belongings you need to dust and wipe out everything, hoover everywhere and wash all the floors. Things to look out for are finger marks on light switches, scuffs on skirting boards, crumbs or spillages in food cupboards/fridges. Put bleach in all the toilets (overnight is best) to remove any stains - I've also put bleach down any drains to give them a bit of a blitz too. Don't leave any rubbish behind.

    Take hundreds and hundreds of date stamped photos of the property. It may also be an idea to have the landlady in for an inspection a day or two before you hand back the keys let her see you in the midst of cleaning and ask her to point out any issues she thinks need rectifying.

    She is responsible for getting the house ready for new tenants, that includes updating furnishings, furniture, appliances and probably after such a long tenancy giving the place a lick of paint.

    I let a house which my wife and I used to live in (hate the notion of being called a landlord) but this post is rock solid advice.

    I would be more than delighted if a tenant did this much and would freely return deposits once the place is adaquately cleaned down. Unfortunately, my reality is far from model tenants like you.

    The cooker is depreciated and the depraciation is allowed as a cost against rental income so would not see this as reasonable. Suggest you tell her this.

    Keep an open mind she may just have had bad experiences in the past as tenants leaving the place clean is the exception in my experience.


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Landlady lives in Germany. Plans to come inspect only after I have left.

    Have you been holding back 20% of the rent and paying this to the revenue commissioners?

    You are only responsible for dirt or damage beyond what is normal wear and tear. some people have very high standards but when she is happy to let to a family with 4 kids she can't set her standards so high! She must allow for the oven being well used after a few years and the carpets are probably due replacing as is the oven and most other appliances after 5 years in a busy family home.


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