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Landlord wont return deposit

  • 27-02-2018 10:35am
    #1
    Registered Users Posts: 29,346 ✭✭✭✭homerjay2005


    mods, if this should be integrated into another thread, please do do!

    Brief summary - landlady not returning deposit due to what she claims to be damage to the house.
    • Gave months notice, was accepted and all agreed.
    • Paid rent in full until tomorrow, keys not yet returned.
    • moved most of our stuff out (still a few bits left until tomorrow) and moved into the new house sporadically over the last 2 weeks, to allow her a chance to paint the house and get new tenants in quickly.
    • landlady went into the house over the weekend and has gutted it. no visual inspection was done with us and now she is keeping our deposit for problems she claims to have found - no evidence left as they are all fixed and photos dont show anything.
    • it was agreed to meet her in the house when she was there to get back the deposit but she never did that (she claimed she was too busy to even ring us)and has now sent an email saying she is keeping the deposit and thats that.

    we accept damage on 2 things which we are willing to have deducted out of deposit (15%) but she is looking to keep 100% for things like a dirty oven,removal of some shelves, a shelf missing from the fridge and a few other things that we could have easily replaced last week had she asked or told us. ie she never actually gave us any notice that she wanted this stuff done. she even included the payment of a skip for taking our stuff out despite the fact we dont officially move out until tomorrow!

    thoughts and advice?


Comments

  • Moderators, Society & Culture Moderators Posts: 32,278 Mod ✭✭✭✭The_Conductor


    I'd suggest you discuss a compromise with her- cognisant of the small amount of damages and missing items you detailed here.
    I can't see any justification for her hiring a skip- before you're ever due to vacate the premises- that is taking the biscuit.
    If you're unable to compromise- I'd suggest lodging a case with the RTB- who will in the first instance attempt telephone mediation between you- and if that fails, they'll bump it up to a tribunal hearing. I'd suggest you outline this to the landlord ahead of taking any action- as the preferable route would obviously be that you come to a mutually agreeable situation between you.


  • Registered Users Posts: 516 ✭✭✭10pennymixup


    Screw her and no more Mr Nice Guy.

    Case immediately with the PRTB, and if possible get time stamped photo's of the place today.

    I'd be looking for compensation for the stuff she through in the skip, the skip that she is charging you for. The cheek of her.


  • Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Agree - just raise a complaint with the RTB, although cleaning the oven; did you really need to be told that?


  • Closed Accounts Posts: 3,152 ✭✭✭ Myra Small Weight


    Agree - just raise a complaint with the RTB, although cleaning the oven; did you really need to be told that?

    Bit harsh - there's an awful lot to do when you are moving out of an apartment. It's possible to forget one or two things.


  • Registered Users Posts: 724 ✭✭✭Askthe EA


    Bit harsh - there's an awful lot to do when you are moving out of an apartment. It's possible to forget one or two things.

    The oven is the most 'forgotten' thing in my experience it seems! Thats €50 - €80 cleaning straight away.


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  • Registered Users Posts: 724 ✭✭✭Askthe EA


    OP, there is absolutely no doubt that your ex LL is pulling a fast one. Tenants should be given the opportunity to put any issues right prior to witholding deposit (where possible).

    All costs must have photo evidence and associated invoices.

    That being said, it may be easier for you to try and find a mutually agreeable solution as the RTB will be dragged out and frustrating.

    So, the skip thing though, are you saying the LL threw out your stuff before you had handed her back the keys? If so, well, thats a whole different bag of fish!


  • Registered Users Posts: 14,325 ✭✭✭✭jimmycrackcorm


    Askthe EA wrote:
    The oven is the most 'forgotten' thing in my experience it seems! Thats €50 - €80 cleaning straight away.

    A visual inspection prior to leaving to allow the tenant to clean the oven using a bottle of 3 euro oven cleaner works be preferable.


  • Registered Users Posts: 14,325 ✭✭✭✭jimmycrackcorm


    Askthe EA wrote:
    The oven is the most 'forgotten' thing in my experience it seems! Thats €50 - €80 cleaning straight away.

    A visual inspection prior to leaving to allow the tenant to clean the oven using a bottle of 3 euro oven cleaner works be preferable.


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


    Askthe EA wrote: »
    Thats €50 - €80 cleaning straight away.

    Assuming someone was brought in to clean the oven and the landlady is prepared to pass on an invoice?

    OP, as your tenancy doesn't end until tomorrow I would email the landlady saying you will be happy to address any outstanding issue between now and the tenancy ending, including any of the items she is proposing to withhold your deposit for.

    I don't see how the landlord would have a snowballs chance of holding you responsible for items you weren't given the opportunity to address prior to the ending of the tenancy.


  • Registered Users Posts: 724 ✭✭✭Askthe EA


    A visual inspection prior to leaving to allow the tenant to clean the oven using a bottle of 3 euro oven cleaner works be preferable.

    Indeed, as I said in the follow up post.


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  • Registered Users Posts: 724 ✭✭✭Askthe EA


    Graham wrote: »
    Assuming someone was brought in to clean the oven and the landlady is prepared to pass on an invoice?

    Yup. Thats what they charge in Cork anyway and certainly always provide an invoice as I mentioned in the next post.


  • Registered Users Posts: 29,346 ✭✭✭✭homerjay2005


    A visual inspection prior to leaving to allow the tenant to clean the oven using a bottle of 3 euro oven cleaner works be preferable.


    shouldnt this be standard practice?

    my main issue is her complete lack of communication, i messaged her multiple times to meet us at the house and she never replied. she claims she was too busy.


  • Registered Users Posts: 29,346 ✭✭✭✭homerjay2005


    Askthe EA wrote: »

    So, the skip thing though, are you saying the LL threw out your stuff before you had handed her back the keys? If so, well, thats a whole different bag of fish!

    well i dont think its as sinister as that, she just added the skip to her case to make things look worse.

    we met her last night and no offer, we have given her 48 hours to come back to us with a better offer being going to RTB.


  • Registered Users Posts: 29,346 ✭✭✭✭homerjay2005


    Agree - just raise a complaint with the RTB, although cleaning the oven; did you really need to be told that?

    I didnt notice it as being dirty when i was last there, it looked ok to us! if she asked us to clean it, we would have done no problem!


  • Registered Users Posts: 3,497 ✭✭✭Hoboo


    Askthe EA wrote: »
    The oven is the most 'forgotten' thing in my experience it seems! Thats €50 - €80 cleaning straight away.

    Fine if they'd moved out but they haven't!


  • Registered Users Posts: 4,327 ✭✭✭FishOnABike


    Hoboo wrote: »
    Fine if they'd moved out but they haven't!
    Exactly, no excuse for witholding any of the deposit or dumping any iof the tenants belongings anytime before the tenants were due to move out.

    I wouldn't be happy to settle for anything other than a return of the deposit in full and additional payment for any belongings removed before the end of the day the tenant was due to have moved out.

    If the LL doesn't play ball I'd play hardball and consider making a complaint to the Gardaí for theft and criminal damage relating to the belongings dumped.


  • Registered Users Posts: 37,295 ✭✭✭✭the_syco


    she even included the payment of a skip for taking our stuff out despite the fact we dont officially move out until tomorrow!
    Would that be theft?


  • Registered Users Posts: 29,346 ✭✭✭✭homerjay2005


    the_syco wrote: »
    Would that be theft?

    well technically yes, if she includes the skip in the list, then this is a counter claim we can make but i think she will remove the skip now from the list as its full of other things that were her choice to replace (have photos).

    we met her, no agreement but i gave her until this evening to come back with a revised list.


  • Registered Users Posts: 118 ✭✭rossmores


    If your ll entered without permission its trespassing as notice to enter a tenants room has to be agreed
    If they had no permission entered and removed your belongings then its an eviction
    can only read between the lines here


  • Registered Users Posts: 29,346 ✭✭✭✭homerjay2005


    sorry to bump old thread, but finally had our claim heard by RTB and we won it.

    accepted certain items but got 85% back of what we wanted.....very very happy.

    ps.....when i say finally, it wasnt there fault it was delayed, been very busy and only took the claim late last year plus other delays.


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  • Registered Users Posts: 6,001 ✭✭✭handlemaster


    sorry to bump old thread, but finally had our claim heard by RTB and we won it.

    accepted certain items but got 85% back of what we wanted.....very very happy.

    ps.....when i say finally, it wasnt there fault it was delayed, been very busy and only took the claim late last year plus other delays.


    its no risk for the tenant to take a case. where as the landlord would never see the colour of any case win


  • Moderators, Society & Culture Moderators Posts: 32,278 Mod ✭✭✭✭The_Conductor


    its no risk for the tenant to take a case. where as the landlord would never see the colour of any case win

    I think most people accept that the landlord isn't going to get anything- regardless of what level of award they are given, how much damage the tenant caused- or how long the period of no rent ended up being. The only real reason for a landlord to proceed with a case- if is they are sufficiently aggrieved and want a case registered against a tenant to warn future landlords to exercise due caution......... It is a bit nutty that there is nothing a landlord can do to register a just claim against a tenant- but its also nutty that tenants lodge claims months or even years after the event- there should be a statute of limitations- and a perceived penalty on both errant landlords and tenants- neither side should be allowed to wriggle off the hook.


  • Moderators, Category Moderators, Politics Moderators, Recreation & Hobbies Moderators, Society & Culture Moderators Posts: 81,310 CMod ✭✭✭✭coffee_cake


    its no risk for the tenant to take a case. where as the landlord would never see the colour of any case win

    not really here nor there in this case though is it


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