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When do I get my deposit back?

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  • 22-06-2016 9:46pm
    #1
    Sparky85
    Registered Users Posts: 120 ✭✭


    Hi all, I'm leaving my long term (6 years) rented house next month. Has been a perfect tenancy for both me and the landlord. I've only seen him 3 times in the 6 years!
    I gave appropriate 12 weeks notice, I accommodated him having open viewings in the house over the last while to find new tenants. I'm also facilitating him by agreeing, at his request, to leave 10 days early so he can get the house painted before the new tenants move in.

    Question is when do I get my deposit back? Should it be on the day of leaving when I hand back keys? I'll also be due a portion of the final months rent back due to agreeing to leave ealrlier.


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    #2
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Give your landlord a call. Tell him/her you'd like to arrange a time for a final inspection and allow you to handover the keys/collect your deposit.


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    #3
    newacc2015
    Closed Accounts Posts: 2,379 ✭✭✭newacc2015


    IMO a LL should not give it back when they return the keys. Unless you are willing to sit there will they throughly check the property for several hours. It is only during a deep clean and not an initial inspection you notice the likes of cigarette burns, a broken bed or the fact they damaged one of the doors.

    I think waiting up to a week is reasonable to get a deposit back


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    #4
    salad_man
    Registered Users Posts: 43 ✭salad_man


    According to PRTB a deposit should be paid promptly after leaving once inspection has been complete. this should wither be full refund or after subtraction of estimated repair costs.

    I recently left an apartment where the inspection was carried out on the day and was 3 days waiting for confirmation of any communication and refund of deposit which i was not happy with. In essence, if the tenant feels that they have been waiting too long for any sort of refund then that is too long. The landlord is obliged to refund the deposit as quickly as possible


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    #5
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    OP You will probably get back anything left over after the painting!


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    #6
    Boater123
    Closed Accounts Posts: 312 ✭✭Boater123


    salad_man wrote: »
    According to PRTB a deposit should be paid promptly after leaving once inspection has been complete. this should wither be full refund or after subtraction of estimated repair costs.

    I recently left an apartment where the inspection was carried out on the day and was 3 days waiting for confirmation of any communication and refund of deposit which i was not happy with.In essence, if the tenant feels that they have been waiting too long for any sort of refund then that is too long. The landlord is obliged to refund the deposit as quickly as possible

    What is the legal definition of promptly? The reason the RTB don't give a set time frame is because it depends on each situation. If there are no deductions warranted then it should be near immediate, but if repairs are to be done then the LL can only deduct when they have a receipt, not an estimate.

    The RTB do not say it should be returned "once inspection has been complete"

    If a LL held back some or all of the deposit on the basis of "estimates" and not actual receipts for work done, the LL would be dragged over hot coals in an adjudication.

    "if the tenant feels that they have been waiting too long for any sort of refund then that is too long" Are you for real? This is a business transaction and nothing to do with hurt feelings.

    "The landlord is obliged to refund the deposit as quickly as possible"........ That I agree with.

    In your case an inspection was done on the first day and you received your deposit on the third day, and you weren't happy. That sounds extremely prompt, and that you had a very business like LL that meet their obligations concerning your deposit.


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    #7
    salad_man
    Registered Users Posts: 43 ✭salad_man


    As you said, each situation is different.

    Our inspection was complete and new tenants moved in on the same day. We waited 3 days without communication until we were refunded. In a time where money is tight and especially since it is likely tenants are taking up new leases where deposits are needed etc, 3 days was totally unacceptable when it was known it was to be a full deposit refund.

    With regards to 'feelings', that is not where i was coming from. In our situation, as i knew the new tenants had moved in and that the inspection had taken place with no issues ( as we knew the new tenants and no issues were reported to them), from my perspective where i am owed a substantial amount of money, 3 days does not constitute 'prompt'.


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    #8
    Boater123
    Closed Accounts Posts: 312 ✭✭Boater123


    OP, It depends on your particular situation, but a LL has a legal obligation to return it as soon as possible.

    In your case, you were very obliging and if the LL has any decency they should honour this.

    If there are no rent arrears, the over payment of rent should have been returned immediately.

    If you have any problems, tell the LL you will take a case with the RTB, and if still no joy, take the case. €15 online.
    salad_man wrote: »
    As you said, each situation is different.

    Our inspection was complete and new tenants moved in on the same day. We waited 3 days without communication until we were refunded. In a time where money is tight and especially since it is likely tenants are taking up new leases where deposits are needed etc, 3 days was totally unacceptable when it was known it was to be a full deposit refund.

    With regards to 'feelings', that is not where i was coming from. In our situation, as i knew the new tenants had moved in and that the inspection had taken place with no issues ( as we knew the new tenants and no issues were reported to them), from my perspective where i am owed a substantial amount of money, 3 days does not constitute 'prompt'.

    That's not really true now, is it

    Last month you posted.....

    "My partner and I have moved apartment this week, ending our tenancy early and reassigning it to a couple of friends who were looking in the area. No problems there. (Except for the LL with having to deal with a broken fixed term lease, reference checking and vetting of the new tenant, deed reassignment or new leases depending on how the reassignment was dealt with etc.) We have moved to a house share with a couple of friends. During the landlords’ inspection when we handed over the keys, water charges were brought up.

    I have not paid the last bill we received (which was for period October – December 15) as when it was issued was the time when the saga started and it was apparent that the charges may be scrapped. It was about a 90euro bill. I had paid all bills prior to this.

    The landlord has explained that this is to be paid as there would be outstanding charges on the account when we transfer it over to new tenants. They had threatened that if it wasn’t paid it would be taken from our deposit. Water charges were in the lease agreement we signed but wondering does anything change given the current situation.

    Obviously I am very reluctant to pay it as at the moment it seems it would be dead money."

    IMO your old LL dealt with you very professionally and was most expedient in returning the money you were owed.

    Two days after finding out you hadn't paid your bill and having to check whether there were any other issues you decided weren't your responsibility.

    For all they knew, the electricity was about to be cut off incurring re-connection charges. They could hardly take your word that all other bills were paid. After all you had broken the contract between you and them and you were trying to get out of paying for your water.


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    #9
    salad_man
    Registered Users Posts: 43 ✭salad_man


    Wow,

    Well first off, we arranged the lease to be re-assigned and arranged for the landlord to meet the prospective new tenant before anything was confirmed. All references were checked there and then, along with proof of bills paid and any other relevant issues . We made it a very smooth process where really it could have been anything but, AND may i point out, secured a further 9 months of a lease for the landlord on top of the last 3 months on our existing lease ( as it was a fresh 12 month lease agreed with new tenants) where really we had no obligation to do so. Secondly it actually turns out that water charges actually stay with the the account holders and not on the property, so we just transferred our address and took the outstanding balance with us. Again, no hassle for the landlord as it turned out.

    Before you make further judgment and assumptions, or in fact dig deeper into my previous postings with the seemingly copious amount of time you have on your hands, i suggest maybe you stick to subject of the forum with opinions on that, rather then my business.


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    #10
    Boater123
    Closed Accounts Posts: 312 ✭✭Boater123


    salad_man wrote: »
    Wow,

    Well first off, we arranged the lease to be re-assigned and arranged for the landlord to meet the prospective new tenant before anything was confirmed. All references were checked there and then, along with proof of bills paid and any other relevant issues . We made it a very smooth process where really it could have been anything but, AND may i point out, secured a further 9 months of a lease for the landlord on top of the last 3 months on our existing lease ( as it was a fresh 12 month lease agreed with new tenants) where really we had no obligation to do so. Secondly it actually turns out that water charges actually stay with the the account holders and not on the property, so we just transferred our address and took the outstanding balance with us. Again, no hassle for the landlord as it turned out.

    Before you make further judgment and assumptions, or in fact dig deeper into my previous postings with the seemingly copious amount of time you have on your hands, i suggest maybe you stick to subject of the forum with opinions on that, rather then my business.

    I did reply to the OP of the thread, not forum. I also replied to that which you posted on the thread.

    First off, you requested a reassignment from your LL, and broke the contract with your LL, to which they agreed.

    You "arranging" it all is a very clouded and one sided way of looking at it.

    If it was a fresh new 12 month lease then it wasn't a lease reassignment.

    Bills weren't paid.

    You did have an obligation, if you didn't want to be responsible for anymore rent.

    It didn't take long at all, cutting and pasting your posts took a few minutes. Finding your conflicting posts took less.

    You post inaccuracies, you get called on them.

    You post that 3 days is too long to wait on a deposit return, when there are issues, you get called on it.

    You don't want to get called on it, then don't post.

    I get it. You thought you were going to get your full deposit back when you handed your keys over.

    You were wrong and can't let it go, posting on someone else's thread your woes to anyone who might listen.

    Enough said.


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    #11
    TheDoc
    Registered Users Posts: 23,137 ✭✭✭✭TheDoc


    Sparky85 wrote: »
    Hi all, I'm leaving my long term (6 years) rented house next month. Has been a perfect tenancy for both me and the landlord. I've only seen him 3 times in the 6 years!
    I gave appropriate 12 weeks notice, I accommodated him having open viewings in the house over the last while to find new tenants. I'm also facilitating him by agreeing, at his request, to leave 10 days early so he can get the house painted before the new tenants move in.

    Question is when do I get my deposit back? Should it be on the day of leaving when I hand back keys? I'll also be due a portion of the final months rent back due to agreeing to leave ealrlier.

    Guess it can kinda depend. I just moved out of a property last month and landlord came by a week or two before we were due to leave to have a chat and look around. All was fine, and I got my deposit back promptly the day we moved out. He had outlined he would be getting painters and cleaners in etc., so we didn't have to go mad cleaning ourselves etc. Was a very smooth and easy departure.

    Had a good relationship with the LL, was flexible and accommodating for viewings, and I pretty much waved away the week rent I was due (we left a week early from the monthly rent cycle) just as a thank you for his help and professionalism/attitude during our relationship.

    Extremely nice man and we didn't have an ounce of issues or trouble and it was another really positive LL experience for me.


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    #12
    El_Duderino 09
    Registered Users Posts: 20,093 ✭✭✭✭El_Duderino 09


    To be fair, some problems won't be apparent at an inspection. I'm a tenant and if I were a landlord I would wait a few days before giving back the deposit.

    The new year tenants moved in the same day so I would issue the inventory and ask the new tenants if there are any amendments to the inventory.

    3 days isn't too long to wait for a business transaction. It can't be easily reversed so it's better to be safe than sorry. Fair's fair.


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    #13
    Sparky85
    Registered Users Posts: 120 ✭✭Sparky85


    El_Duderino 09 wrote: »
    To be fair, some problems won't be apparent at an inspection. I'm a tenant and if I were a landlord I would wait a few days before giving back the deposit.

    The new year tenants moved in the same day so I would issue the inventory and ask the new tenants if there are any amendments to the inventory.

    3 days isn't too long to wait for a business transaction. It can't be easily reversed so it's better to be safe than sorry. Fair's fair.



    I was never issued with or signed off on any inventory when I moved into the house so that's not relevant in this situation.


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    #14
    El_Duderino 09
    Registered Users Posts: 20,093 ✭✭✭✭El_Duderino 09


    Sparky85 wrote:
    I was never issued with or signed off on any inventory when I moved into the house so that's not relevant in this situation.

    An inventory isn't relevant in this case. The principal of giving a deposit to cover repairs above ware and tear is relevant. And the idea of waiting to hear from the new tenant about any issues is relevant. 3 days isn't long to wait while that happens though.


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    #15
    Sparky85
    Registered Users Posts: 120 ✭✭Sparky85


    I disagree that the new tenants have a say in if I get my full deposit back. They have no idea what the property was like when I took on the tenancy 6 years ago.
    There will also be someone in painting the house for a week or so after I leave.... I can't be held responsible for anything they may damage/break during that time.


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    #16
    maximum12
    Closed Accounts Posts: 666 ✭✭✭maximum12


    Sparky85 wrote: »
    I disagree that the new tenants have a say in if I get my full deposit back. They have no idea what the property was like when I took on the tenancy 6 years ago.
    There will also be someone in painting the house for a week or so after I leave.... I can't be held responsible for anything they may damage/break during that time.

    Best to be proactive and ask the landlord when you will get the deposit. Also get confirmation of the rent refund amount so there's no messing there.


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