Question around security deposit

stiofandebrun

So I am moving out my apartment having lived there for 2.5 years. I spoke to my landlord today giving him one months notice.

I suggested that they use the security deposit as the last months rent but he didn't want to do that and says he will give me when move out.

My worry is that the financial situation of landlord is not good and they won't give back security deposit next month.

Just looking for some advice? Should I just say I'm not paying rent for last month and you must use security deposit and then leave on bad terms.

ssmith6287

When you moved in did you not pay a month upfront aswell as your deposit. If so then you have already paid your last months rent and you should still get your deposit.

nava

I suppose he wants to keep deposit for a while in case there's any issues once you left like stuff broken, missing, etc also some landlords keep it in case you leave without paying some of the utility bills. Are they on your name or landlord? make sure you contact all the companies, Electricity, gas etc and give them the last reading by phone or email but keep a record of it, there's lots of cases where they come back with wrong last bill.

stiofandebrun

ssmith6287 wrote: »

When you moved in did you not pay a month upfront aswell as your deposit. If so then you have already paid your last months rent and you should still get your deposit.

Just paid security deposit

stiofandebrun

nava wrote: »

I suppose he wants to keep deposit for a while in case there's any issues once you left like stuff broken, missing, etc also some landlords keep it in case you leave without paying some of the utility bills. Are they on your name or landlord? make sure you contact all the companies, Electricity, gas etc and give them the last reading by phone or email but keep a record of it, there's lots of cases where they come back with wrong last bill.

thanks for the information, I doubt that could be the reason but good to know

Lux23

ssmith6287 wrote: »

When you moved in did you not pay a month upfront aswell as your deposit. If so then you have already paid your last months rent and you should still get your deposit.

Its not that you pay the first months rent upfront, its just that your rent is paid in advance.

athtrasna

Withholding rent is illegal. Your deposit is there to protect your landlord, it may not be used as your final month's rent without the express permission of your landlord.

slimjimmc

Moved from Consumer Issues

FishOnABike

The sooner we have some sort of independent bond system for rental security deposits the better. Though I'd hate to see it go to some semi state quango given most's propensity for making a sow's ear out of a silk purse.

Something like the joint account system used in Germany where the deposit is put into an interest bearing joint account which needs both renter / rentee to release the deposit at the end of a tenancy would be a good starting point.

Add in a reasonable time limits (say < one month) by which time the funds have to be released unless a dispute has been officially raised and limit the amount of the security deposit which can be held in suspense after this time limit to the amount in dispute.

Change the law to allow any claim on the security deposit to be raised through the small claims court - this should be faster than the current PRTB waiting time. The 2000 euro small claims court limit should be enough to cover the usual one months rent security deposit.

This should ensure the security deposit is used for its intended purpose and cannot 'disappear' if property is taken over by receivers.

To balance this a larger deposit might be needed, say the equivalent of two months rent and the process for removing non-paying tenants needs to be streamlined so that the security deposit is sufficient safeguard for the property owner.

I wouldn't hold my breath waiting for our representatives to sort out things they should have thought to put into the residential tenancies act in the first place.

Victor

stiofandebrun wrote: »

So I am moving out my apartment having lived there for 2.5 years. I spoke to my landlord today giving him one months notice.

Legally, the landlord is entitled to substantially more notice: www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

FishOnABike

After 2 or more years the required notice under the residential tennancy act is 8 weeks though this can be waived by mutual agreement.