Who is responsible for maintenance of an apartment landlord or tenant

KurtBarlow · 06-11-2021 6:08am #1

Im renting a 1 bed apartment for the past 6.5 years. Ive been a good tenant. I have always paid my rent on time and when I moved in the walls needed to be painted and I agreed to go halves with my LL. Im looking to move out next year as im looking to buy my own place. I will give the required 3 to 4 months notice and I will pay my last months rent . However I will want my deposit back and I will go after him if he tries to retain it like alot of LLs do in this country. Im just wondering what he is entitled to retain my deposit for. There are a few things that need replacing. The furniture is crap . It was crap when I moved in. The windows need to be cleaned and painted. I just recently got them cleaned and paid for it myself. The laminate flooring is also showing signs of wear and tear but it was showing that when I moved in . I dont want to be unreasonable but I dont want to be taken advantage of either. There was no inventory check done by the agency or LL when I moved in . Appreciate any advice

PalLimerick · 06-11-2021 6:39am

The first mistake you made was paying for half of the landlords obligation to paint the property. From your post it sounds like the windows need painting and so on is the landlords responsibility. After 6.5 Years the landlord should expect a fair amount of wear and tear. Landlords on here will have you believe you are responsible for the things you posted but you're not. They're all look at me I'm a poor landlord.

Seek your deposit back and if refused go to the rtb. Landlords hate that for some reason. It's the equivalent of an Irish Mammy coming after them with a wooden spoon. Lol.

Good luck.

Yellow_Fern · 06-11-2021 7:25am

https://www.boards.ie/discussion/comment/118126192#Comment_118126192

Very odd response

Dempo1 · 06-11-2021 8:12am

OP, seems to me you've had a good relationship with LL and why your thinking after 6 years and with a possible year to go, your deposit won't be returned is a mystery albeit I accept there is unfortunately wide spread reporting on LL not returning deposits, this does not mean your LL will do the same.

Whilst it's True LL"s are generally responsible for maintainence you don't seem to mention actually discussing this with your LL, assuming perhaps they magically guess something needs to be fixed, repaired etc.

At a minimum would it not be wise to discuss any issues you may have and perhaps use the opportunity to enquire as to why an inventory of contents was never done and get it done well in advance of your moving out and without mentioning your moving on.

As a long standing tenant with an excellent history of paying your Rent any landlord foolish enough to withold rent understands the consequences albeit a pain for a tenant to have to go chasing it.

Honestly, I think your over worrying and almost expecting the worst to happen. Talk to your Landlord, get anything requiring maintenance checked and explore the possibility of furniture replacement, it's as much in the LL interest to maintain the property as it is yours, coupled with any sensible LL wanting to assist a good and long term tenant.

Grumpypants · 06-11-2021 8:37am

Normal wear and tear is on the landlord. Damage is the tenant. If you break something or cause damage through neglect (for example leaving mould grow until it damages paint work). That would be from the deposit.

But it sounds like the place is more or less in the same shape.

ztoical · 06-11-2021 10:02am

Did you take photos when you moved in? Not the end of the world if you didn't but it does make things much quicker.

Take a lot of photos just before you move out so you have a record of the wear and tear and can show this to the RTB if there is an issue with LL. 6.5 years means wear and tear would be expected. It is up to the LL to prove any wear and tear is excessive

Bass Reeves · 06-11-2021 10:23am

Most LL who have had a tenant for in this case 7+ years will return the full deposit unless there has been damage done.

In you case the apartment has been kept in good condition and it's only normal wear and tear that has happened.

https://www.boards.ie/discussion/comment/118126192#Comment_118126192

He didn't make a mistake, there may have been a difference of opinion whether the apartment needed repainting or not when he moved in. You do not know what rent or rental agreement was in place.

In a lot of cases a LL will supply the paint and tenant will carry out any painting. It often suits both parties.

Mad_maxx · 06-11-2021 10:27am

https://www.boards.ie/discussion/2058216678/who-is-responsible-for-maintenance-of-an-apartment-landlord-or-tenant

the LL has no reason whatsoever to withhold the deposit based on the above

KurtBarlow · 06-11-2021 12:05pm

I recently asked my LL for a few things. A new sofa . New kitcken table and chairs and for the tatered blinds to be replaced. I also mentioned the laminate flooring. He came to visit and .It was a no to the flooring anyway. He said he would give me a table and chairs they have spare in their own house. He commented that the windows needed washing and painting. He wanted me to pay for the washing and he said he would get them painted and replace blinds. It was understood that he was going to replace the sofa too. However a few days later he rang up to say because he was giving me a table paying for the blinds and the painting that he wants me to buy my own sofa and that i could take it away with when i leave. I agreed at the time but now im having second thoughts. I see myself here for another 6 months max. Buying a new sofa and getting the old furniture removed will cost 500 to 1000 euro. Even though i can take it with me It may not suit the house i move into. Thoughts?

Topgear on Dave · 06-11-2021 12:12pm

Well the LLs not going to spend 500 to 1000 euro if your only going to be there 6 months.

Buy your own or make do, its only 6 months.

OP leave the place clean and tidy and I think you should have no problem getting your money back. It sound like normal wear snd tear to me.

Bass Reeves · 06-11-2021 12:21pm

https://www.boards.ie/discussion/comment/118126666#Comment_118126666

Look at a few charity furniture shops you will pick up three piece suites for 2-300 euro maybe even less. Ask the LL if it's ok to leave it there after you. Maybe even source one that is reasonable and he will pay for it.

Hardest part is delivery but there may be a van man that the charity shop has on there list.

Raichu · 06-11-2021 12:30pm

honestly if you're leaving in 6 months just forget the sofa.

i wouldn't spend a fiver on one at this stage save your money for your new place..

i moved last year and about the same length the TV broke (thanks kids..) but we just did without. wasn't worth the hassle of moving it etc over a few months wait!

endofrainbow · 06-11-2021 12:50pm

You don't wash your own windows?

o1s1n · 06-11-2021 12:55pm

https://www.boards.ie/discussion/comment/118126810#Comment_118126810

If you're five storeys up in an apartment complex, it can be fairly precarious washing the outsides.

Raichu · 06-11-2021 12:57pm

https://www.boards.ie/discussion/comment/118126828#Comment_118126828

just ask mammy to do it. she won't be stopped by a 5 storey window.

endofrainbow · 06-11-2021 12:58pm

https://www.boards.ie/discussion/comment/118126828#Comment_118126828

Ak ok - you didn't mention it was outside and 5 floors up.

Skerries · 06-11-2021 1:11pm

https://www.lenehans.ie/mini-magnetic-window-cleaner.html

..

3DataModem · 06-11-2021 1:42pm

After 6.5 years, I'd need a very good reason not to return full deposit.

I'd be looking for wilful neglect or damage. But appliances and furniture are generally for the tip anyway after that length of time. The last time a place was returned to me I wouldn't have put a dog in there - it was an absolutely scummy kip, but the guy had been there over 10 years so I just spent a few hundred quid on a deep clean and whatever new white goods cost.

mrslancaster · 06-11-2021 2:23pm

A bit off OP's query but can any posters point to where it says furniture or soft furnishings must be replaced by a LL?

I can only see "all such repairs and replacement of fittings" that are necessary as a landlord's obligations, ie fittings as in fixed things like kitchen cabinets, fitted wardrobes, electric showers etc. but that's not furniture or blinds. AFAIK the only movable things a LL is required to provide is kitchen white goods.

Bass Reeves · 06-11-2021 2:40pm

https://www.boards.ie/discussion/comment/118126828#Comment_118126828

If you are 5 stories up in an apartment complex any external maintenance is by the management company.

The LL can s hardly going to clean them either.

KurtBarlow · 06-11-2021 7:50pm

Its the interior of the windows they wanted cleaned

Bass Reeves · 06-11-2021 8:47pm

https://www.boards.ie/discussion/comment/118128791#Comment_118128791

If its the interior it is the tenants responsibility, just like hoovering, washing floors, there some here think the LL should call every evening and wash the ware and tid the house for there tenants

locohobo · 06-11-2021 9:12pm

Just a note...>...If you have a fb account why not keep an eye on you're local free to a good home page...Some pretty good stuff to be got from them.....Just saying.....

AlanG · 08-11-2021 6:21pm

OP - you wil be responsable for the likes of holes in the walls, broken windows etc. There is a good list on the RTB website. most landlords will return the deposit unless the place is wrecked.

Regards painting - a lot comes down to th ecolour. if you changed the colour, particularly to something dark, then you were wise to get the landlord in on it. Painting over a dark colour scheme can add thousands to a paint job but the fact you went in with the landlord should show he / she agreed to the colour scheme and you should not have to pay to return it to the original scheme.

BabysCoffee · 08-11-2021 6:29pm

OP if you decide to get a new couch that you will take with you, be sure and tell the landlord that you are disposing of his couch before you do anything with it......you don't want him looking for it when you leave

JimmyVik · 09-11-2021 11:54am

https://www.boards.ie/discussion/comment/118126839#Comment_118126839

The building management will be washing those windows. No need for wither you or your landlord to be washing the outside of windows 5 stories up.

OP, sounds to me like you have been a good tenant and havent broken anything. I suspect your landlord will quite happily give you tour full deposit back along with glowing reference. I wouldnt worry at all if I were you.

Who is responsible for maintenance of an apartment landlord or tenant

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