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When exactly to ask for deposit back?

  • 29-09-2016 10:38pm
    #1
    Registered Users, Registered Users 2 Posts: 2,811 ✭✭✭


    When exactly should a tenant ask for their deposit back, before moving their stuff out to their car, beforehand, when stuff is packed up and ready to go before anything is moved out?


Comments

  • Moderators, Society & Culture Moderators Posts: 40,339 Mod ✭✭✭✭Gumbo


    After everything is moved out so the landlord can inspect the property. A decent landlord will have his cheque book with him so that if everything is in order, he can write a cheque there and then.


  • Closed Accounts Posts: 5,482 ✭✭✭Hollister11


    kceire wrote: »
    After everything is moved out so the landlord can inspect the property. A decent landlord will have his cheque book with him so that if everything is in order, he can write a cheque there and then.

    Or give it in cash.


  • Registered Users, Registered Users 2 Posts: 337 ✭✭campingcarist


    When I left my last property, I got the landlord to inspect the apartment 2 weeks before leaving so that I knew of any issues that I could fix myself. It was basically a cleaning job by wiping down walls and paint work. Otherwise, I would have lost part of my deposit.


  • Registered Users, Registered Users 2 Posts: 543 ✭✭✭NikoTopps


    The last place I rented I was very lucky as I got on great with my landlady, she'd pop in for a coffee when she collected so before I moved out it was a Friday. She advised me to give the place a good scrub and a lick of paint, I spent the weekend tidying the place and then she did her proper landlord final go around on the Tuesday and gave back the deposit!

    So I suppose I can only echo what others have said in that if the place is in proper order and left in bad condition then you can ask for it a little bit before the due move out date. If not then get things in order and then ask for it.


  • Moderators, Society & Culture Moderators Posts: 40,339 Mod ✭✭✭✭Gumbo


    Or give it in cash.

    I wouldn't carry that cash to a tennant. It would be a cheque that I give back. Never had an issue with t and some have asked to make it out to their new landlord


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  • Registered Users, Registered Users 2 Posts: 1,514 ✭✭✭Dermo


    When you hand the keys back. No deposit, no key transfer.


  • Registered Users, Registered Users 2 Posts: 20,721 ✭✭✭✭El_Duderino 09


    If I were a landlord I would cool the jets a bit before handing it back. Ideally you would have new tenants move in the next day or 2 and get them to give you a snag list. The landlord isn't to know about a broken washing machine or whatever else would only become apparent when it's being used.

    It might not all be the tenants fault but I'd want to know about it before giving the deposit back.

    If you don't have a tenant moving in soon then might as well give the deposit back without delay.


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


    NikoTopps wrote: »
    The last place I rented I was very lucky as I got on great with my landlady, she'd pop in for a coffee when she collected so before I moved out it was a Friday. She advised me to give the place a good scrub and a lick of paint, I spent the weekend tidying the place and then she did her proper landlord final go around on the Tuesday and gave back the deposit!

    So I suppose I can only echo what others have said in that if the place is in proper order and left in bad condition then you can ask for it a little bit before the due move out date. If not then get things in order and then ask for it.
    Not your responsibility, the painting of walls would usually come under wear and tear.
    If I were a landlord I would cool the jets a bit before handing it back. Ideally you would have new tenants move in the next day or 2 and get them to give you a snag list. The landlord isn't to know about a broken washing machine or whatever else would only become apparent when it's being used.

    It might not all be the tenants fault but I'd want to know about it before giving the deposit back.

    If you don't have a tenant moving in soon then might as well give the deposit back without delay.
    Ah yes the typical Landlord attitude, the tenant gets to buy all new stuff for the years old stuff that they have used for years? and sure why not a lick of paint and new carpet/lino while they're at it.

    Replacing white goods are the landlords responsibility and usually any tenant damage would be fairly obvious on inspection! just because a washing machine or dryer or cooker doesn't work it is far more likely to be normal wear and tear than tenant damage!


  • Registered Users, Registered Users 2 Posts: 20,721 ✭✭✭✭El_Duderino 09


    foggy_lad wrote:
    Ah yes the typical Landlord attitude, the tenant gets to buy all new stuff for the years old stuff that they have used for years? and sure why not a lick of paint and new carpet/lino while they're at it.
    You forgot to highlight thuds bit.
    It might not all be the tenants fault but I'd want to know about it before giving the deposit back.
    foggy_lad wrote:
    Replacing white goods are the landlords responsibility and usually any tenant damage would be fairly obvious on inspection! just because a washing machine or dryer or cooker doesn't work it is far more likely to be normal wear and tear than tenant damage!
    Again I'd want to know about it before making a decision. As we both agree, most white goods would be wear and tear.


  • Registered Users, Registered Users 2 Posts: 2,811 ✭✭✭runswithascript


    Moving in the next hour.

    I will not give the keys back without deposit.

    But should I pack everything up into boxes, and ask for deposit back before I move things out to the car?


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  • Registered Users, Registered Users 2 Posts: 5,402 ✭✭✭keeponhurling


    kceire wrote: »
    I wouldn't carry that cash to a tennant. It would be a cheque that I give back. Never had an issue with t and some have asked to make it out to their new landlord

    do people still have cheque books these days ?


  • Registered Users, Registered Users 2 Posts: 54 ✭✭Yogi81


    With a cheque, there is a paper trail which is handy for the landlord, if the tenant decides to say that he/she never received any cash deposit returned.


  • Moderators, Society & Culture Moderators Posts: 40,339 Mod ✭✭✭✭Gumbo


    dusf wrote: »
    Moving in the next hour.

    I will not give the keys back without deposit.

    But should I pack everything up into boxes, and ask for deposit back before I move things out to the car?

    After you have moved things to car. No point doing final inspection and having boxes in the way.


  • Moderators, Society & Culture Moderators Posts: 40,339 Mod ✭✭✭✭Gumbo


    do people still have cheque books these days ?

    Yes. Ulster Bank issue then with their current accounts.
    Very handy. When you renew you home insurance there's a credit card fee, you can't pay in cash so you have to get a draft which costs money. No charge for cheques. And that's just one thing.

    I would be very tech savvy and do everything online but you sometimes just need the paper for somethings. For example, I survey properties, I use my Leica Disto D510 for 75% of the survey, but there is always, and I mean always places where a traditional tape measure is required.


  • Registered Users, Registered Users 2 Posts: 20,721 ✭✭✭✭El_Duderino 09


    dusf wrote:
    But should I pack everything up into boxes, and ask for deposit back before I move things out to the car?

    Have you spoken to he landlord about when they will return the deposit? No harm trying to pressure them into doing it on the spot.

    But it would have been a good idea to discuss when the deposit would be returned. Too late for that now.


  • Banned (with Prison Access) Posts: 9,005 ✭✭✭pilly


    By law I'm afraid you're not entitled to the deposit back on day of moving. The law on it is that the landlord has to have a reasonable amount of time to inspect the house and fix any problems. This is deemed to be 14 days.


  • Registered Users, Registered Users 2 Posts: 7,223 ✭✭✭Michael D Not Higgins


    pilly wrote: »
    By law I'm afraid you're not entitled to the deposit back on day of moving. The law on it is that the landlord has to have a reasonable amount of time to inspect the house and fix any problems. This is deemed to be 14 days.

    There is no such law. The law requires return of the deposit "promptly". Nowhere does it define a 14 day window or reasonable amount of time to fix problems. The RTA 2004 allows deductions from the deposit for damage above wear and tear and for rent arrears.

    Now I agree there must be a period of time to get quotes to fix obvious damage above wear and tear, but if the landlord does an inspection on the day of moving and there are no issues there should be no delay in the deposit being returned.


  • Registered Users, Registered Users 2 Posts: 2,811 ✭✭✭runswithascript


    Have you spoken to he landlord about when they will return the deposit? No harm trying to pressure them into doing it on the spot.

    But it would have been a good idea to discuss when the deposit would be returned. Too late for that now.

    We had arranged I would receive the deposit when I was moving my stuff out - but we did not exactly specify when.

    In the end I moved my stuff out, cleaned everything and everywhere, and then brought the landlord in.

    They gave me the deposit as a cheque, which I am not happy about at all, and slightly worried. This despite the fact we had arranged she would give me the deposit back in cash. I find this rich as she said she would only take cash for the deposit and first month's rent, and I am quite confident if I had tried to pay the following month's rent with a cheque she would not have been happy about it. I signed a piece of paper saying I had received the amount at their request.

    Cheques are not as good as cash, that is all there is to it. I have to worry now until Monday that I may be messed around with the cheque.

    Many landlords advocating returning deposits by cheque probably would not accept a cheque for deposit and/or rent.
    pilly wrote: »
    By law I'm afraid you're not entitled to the deposit back on day of moving. The law on it is that the landlord has to have a reasonable amount of time to inspect the house and fix any problems. This is deemed to be 14 days.
    There is no such law. The law requires return of the deposit "promptly". Nowhere does it define a 14 day window or reasonable amount of time to fix problems. The RTA 2004 allows deductions from the deposit for damage above wear and tear and for rent arrears.

    pilly, I wonder if you are a landlord how many times you have said same to tenants?


  • Registered Users, Registered Users 2 Posts: 20,721 ✭✭✭✭El_Duderino 09


    dusf wrote:
    We had arranged I would receive the deposit when I was moving my stuff out - but we did not exactly specify when.

    In the end I moved my stuff out, cleaned everything and everywhere, and then brought the landlord in.
    Fair enough. Landlord sounds like they're only interested in covering their own ass.
    dusf wrote:
    I signed a piece of paper saying I had received the amount at their request.
    Technical question. Does receiving a check = receiving the amount?


  • Registered Users, Registered Users 2 Posts: 2,811 ✭✭✭runswithascript


    As I was driving I thought perhaps I should have asked that they had written down the amount and 'cheque' before I signed it but the cheque I have with the landlord's name, date, and amount is the same as that I think, and I get to keep the cheque.


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  • Registered Users, Registered Users 2 Posts: 666 ✭✭✭sadie1502


    I've rented for years. Never got the deposit back the day I moved out. It was returned normally within ten days. Once it's returned within a reasonable time frame. They don't by law have to give you the deposit there and then.


  • Registered Users, Registered Users 2 Posts: 20,721 ✭✭✭✭El_Duderino 09


    dusf wrote:
    As I was driving I thought perhaps I should have asked that they had written down the amount and 'cheque' before I signed it but the cheque I have with the landlord's name, date, and amount is the same as that I think, and I get to keep the cheque.

    Take a picture of the cheque and lodge it into your account. Sounds like one way to use a paper trail if the cheque bounce.


  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    I agree- a bank transfer is the most acceptable manner of giving a deposit back- as there is a clear record- which is necessary for both the landlord and tenant. There is no record of the transaction when cash is involved. As for a cheque- my preference is not to use them (I do have a cheque book though- Bank of Ireland in my case)- where-ever possible, its EFT.

    When- norm would be within a few days of the tenant vacating the property- when the landlord has had a chance to inspect it properly with their agent (the agent would tend to be a lot less obsessive about the property than the landlord. If you're just using the tradespeople who are on the book- its cheapest- but some replacements can work out expensive (how someone manages to break several marble tiles- I'll never know). White goods- if they're a write off before they are a tax write off- indicates abnormal wear and tear (from Revenue's perspective- as you'll not be allowed the sunk cost of original item as a tax deductible cost).

    Depends really- most landlords and tenants are reasonable people- if they're any way organised at all, abnormal damage will be rare or non-existent- and the deposit could be returned in 2-3 days.........?


  • Registered Users, Registered Users 2 Posts: 2,811 ✭✭✭runswithascript


    If the landlord can make time to get the keys back, they can take 5 minutes to look around and check for damage.

    Bank transfer not an option here as the landlord refused my offer to set up a standing order for rent. I am utterly disgusted they gave me a cheque, when we had both agreed weeks prior the deposit would be returned in cash. What if I had been relying on that cash to put a deposit down on a new place? Who the hell uses cheques in 2016 - cash is king, and again, this landlord would not have accepted the deposit or rent in cheque.

    I think no keys back without deposit is very fair.

    Unfortunately this landlord was very unreasonable.


  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    dusf- we mightn't use them very often- but most people do still use them- Ireland has the highest usage of cheques in Europe per head of population. Cash isn't king either- most people genuinely don't like carrying cash around. If you went to look in my wallet- you'd get about ten quid in change- which I mostly use for parking- I don't remember the last time I've used cash in a shop.

    As for 5 minutes to do a run through- nope- any good landlord will create a snag list after a tenancy- little bits of things that need work or remediation- most of them may have nothing whatsoever to do with the tenant who is vacating the property- however, it is part of a survey after the end of a tenancy. Most landlords organise this within a day or two of the tenant leaving the property- there is no excuse to draw it out, esp. as it'll eat into any rent the landlord may get from a prospective subsequent tenant.

    If you had agreed the deposit would be returned in cash- it should have been returned in cash- however, your assertion that no-one uses cheques anymore is seriously flawed.


  • Closed Accounts Posts: 4,042 ✭✭✭zl1whqvjs75cdy


    I definitely would not be happy with a deposit returned by cheque. Too much risk of it being cancelled. Bank draft would be fine, but if landlords won't take cheques for rent then I don't think they should use them to return deposits.


  • Moderators, Society & Culture Moderators Posts: 40,339 Mod ✭✭✭✭Gumbo


    dusf wrote: »
    If the landlord can make time to get the keys back, they can take 5 minutes to look around and check for damage.

    Bank transfer not an option here as the landlord refused my offer to set up a standing order for rent. I am utterly disgusted they gave me a cheque, when we had both agreed weeks prior the deposit would be returned in cash. What if I had been relying on that cash to put a deposit down on a new place? Who the hell uses cheques in 2016 - cash is king, and again, this landlord would not have accepted the deposit or rent in cheque.

    I think no keys back without deposit is very fair.

    Unfortunately this landlord was very unreasonable.

    Sorry a few issues here.
    Landlord check will involve putting the dishwasher though a cycle, the washing machine through a cycle and checking various items are still in working order such as electric shower, oven etc

    You also have to check all doors and windows to ensure the locks haven't been changed and they keys you get back are correct.
    Minor wear and tear items are not an issue as most people will give the place a lick of paint beween tenants anyway.

    Cash is not king when there's a set amount on a transaction. Are you saying you would accept less back from the landlord if he paid you in cash?

    Sounds like you had a bad landlord. I accept a cheque each month from my tenant.


  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    Personally- its EFT all the way- in and out.
    I don't give anyone cash- ever- nor do I want to receive it.
    I've been robbed at knife point twice for stupidly small sums of money in Dublin and Galway- I'm damned if I'm carrying cash with me anywhere.
    If someone really wants a cheque from me- fine, I'll give them one- I'd rather not receive one though- I want a clear documentary path of all my income and outgoings- so if I am audited (which I have been)- the auditor can be in and out of the place in under an hour- without the need for any obtuse or crazy explanations which they need to go and chase.

    EFT all the way.


  • Banned (with Prison Access) Posts: 9,005 ✭✭✭pilly


    dusf wrote: »
    We had arranged I would receive the deposit when I was moving my stuff out - but we did not exactly specify when.

    In the end I moved my stuff out, cleaned everything and everywhere, and then brought the landlord in.

    They gave me the deposit as a cheque, which I am not happy about at all, and slightly worried. This despite the fact we had arranged she would give me the deposit back in cash. I find this rich as she said she would only take cash for the deposit and first month's rent, and I am quite confident if I had tried to pay the following month's rent with a cheque she would not have been happy about it. I signed a piece of paper saying I had received the amount at their request.

    Cheques are not as good as cash, that is all there is to it. I have to worry now until Monday that I may be messed around with the cheque.

    Many landlords advocating returning deposits by cheque probably would not accept a cheque for deposit and/or rent.





    pilly, I wonder if you are a landlord how many times you have said same to tenants?

    No I am not a landlord, I'm a tenant and have been for many years and have previously been adviced by PRTB that nothing could be done about the return of a deposit until 14 days had passed. That's why I assumed it was the law. Maybe it's not but someone has to define "reasonable time" I suppose and since PRTB are the ones who usually resolve disputes then they seem like a good guide.


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  • Posts: 24,714 ✭✭✭✭ [Deleted User]


    Personally- its EFT all the way- in and out.
    I don't give anyone cash- ever- nor do I want to receive it.
    I've been robbed at knife point twice for stupidly small sums of money in Dublin and Galway- I'm damned if I'm carrying cash with me anywhere.
    If someone really wants a cheque from me- fine, I'll give them one- I'd rather not receive one though- I want a clear documentary path of all my income and outgoings- so if I am audited (which I have been)- the auditor can be in and out of the place in under an hour- without the need for any obtuse or crazy explanations which they need to go and chase.

    EFT all the way.

    In fairness not everyone wants to move away from cash though. I have debit and credit card (both even touch enabled). But I prefer to use cash. I take out a few hundred from the ATM every now and then and use this to pay for the vast majority of things. I just prefer using cash and would always have at least 50 euro on me but often more. Now that doesn't mean I wouldn't use bank transfers for rent or that I don't use direct debits etc when needed but in general I prefer dealing in cash and it happens that my LL wants the rent in cash and it doesn't bother me at all.


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