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Issue with landlord and deposit

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  • 12-10-2015 2:08pm
    #1
    newwan
    Registered Users Posts: 307 ✭✭


    Hi
    Were moving out of our place in dub in a few days. Were a few months into a 12 months lease. We had an issue with the landlord that did not involve any house damage and each decided it was time to part ways.

    So that's that. Amicable enough

    We have paid all rent and bills in full.

    But iIhave a feeling he is going to try keep our deposit. I asked him about it some time ago now and he won't answer...

    So what can we do to protect our deposit. The house is immaculate. Infinitely better than when we moved in...


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    #2
    handlemaster
    Registered Users Posts: 6,003 ✭✭✭handlemaster


    Nothing. You do all you are ment to do. Then he gives you the deposit back.if not its the prtb with a case


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    #3
    wench
    Registered Users Posts: 1,630 ✭✭✭wench


    Does the landlord have new tenants lined up to move in?
    If not, you may lose some of your deposit to cover his loss until he does (he has to act to minimise this though).

    Too late now, but you should have asked to reassign your lease instead of breaking it, then your deposit would have been protected.


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    #4
    newwan
    Registered Users Posts: 307 ✭✭newwan


    Thanks. He actually terminated the lease not us breaking it. Those were his exact words in his email notice.

    So we shouldn't have any reason to keep our deposit.

    How do we refer to ptrb if the time cones? What chance do we have? It's quite a lot of money...

    Also he only gave us emailed notice of termination of tenancy but it has to be written doesn't it. If all comes to all well just ask him for legal written notice which will delay things another month on his behalf so hopefully he will then see sense...

    I hope he doesn't try it but it looks inevitable.


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    #5
    salamanca22
    Registered Users Posts: 1,179 ✭✭✭salamanca22


    newwan wrote: »
    Thanks. He actually terminated the lease not us breaking it. Those were his exact words in his email notice.

    So we shouldn't have any reason to keep our deposit.

    How do we refer to ptrb if the time cones? What chance do we have? It's quite a lot of money...

    Also he only gave us emailed notice of termination of tenancy but it has to be written doesn't it. If all comes to all well just ask him for legal written notice which will delay things another month on his behalf so hopefully he will then see sense...

    I hope he doesn't try it but it looks inevitable.

    From the face of it it sounds like an illegal eviction. If you have not broken your responsibilities as a tenant and there is no break clause in the lease then the landlord cannot evict you.


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    #6
    wench
    Registered Users Posts: 1,630 ✭✭✭wench


    newwan wrote: »
    Thanks. He actually terminated the lease not us breaking it. Those were his exact words in his email notice.

    So we shouldn't have any reason to keep our deposit.

    How do we refer to ptrb if the time cones? What chance do we have? It's quite a lot of money...

    Also he only gave us emailed notice of termination of tenancy but it has to be written doesn't it. If all comes to all well just ask him for legal written notice which will delay things another month on his behalf so hopefully he will then see sense...

    I hope he doesn't try it but it looks inevitable.

    You having it in email and not just verbal from him makes your position stronger going to the PRTB. If he asked you to leave, then he has no call to keep your deposit.


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    #7
    janedoe007
    Registered Users Posts: 50 ✭✭janedoe007


    Take photos of the condition of the house before you move in case of dispute


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    #8
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators, Social & Fun Moderators Posts: 22,294 CMod ✭✭✭✭Pawwed Rig


    salamanca22 wrote: »
    From the face of it it sounds like an illegal eviction. If you have not broken your responsibilities as a tenant and there is no break clause in the lease then the landlord cannot evict you.

    There is not enough info to determine if it is an illegal eviction. It would seem the OP has not been there 6 months so does not have part 4 rights. There may be a case for breach of contract but I doubt that is a road worth going down in this case.
    If the deposit is withheld for some reason then a complaint to the PRTB is the best and easiest option.
    Take lots of photos before you move out showing the condition of the property.


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    #9
    salamanca22
    Registered Users Posts: 1,179 ✭✭✭salamanca22


    Pawwed Rig wrote: »
    There is not enough info to determine if it is an illegal eviction. It would seem the OP has not been there 6 months so does not have part 4 rights. There may be a case for breach of contract but I doubt that is a road worth going down in this case.
    If the deposit is withheld for some reason then a complaint to the PRTB is the best and easiest option.
    Take lots of photos before you move out showing the condition of the property.

    Op mentions a lease is being broken by the landlord, that is an illegal eviction unless it is broken using provisions in the lease. That would be a break clause or the tenant has not follow their obligations.


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    #10
    REXER
    Registered Users Posts: 458 ✭✭REXER


    janedoe007 wrote: »
    Take photos of the condition of the house before you move in case of dispute

    All photos including the days news paper in the image for date reference!


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    #11
    testaccount123
    Registered Users Posts: 1,023 ✭✭✭testaccount123


    salamanca22 wrote: »
    Op mentions a lease is being broken by the landlord, that is an illegal eviction unless it is broken using provisions in the lease. That would be a break clause or the tenant has not follow their obligations.

    Or if its the first six months of the tenancy.


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    #12
    salamanca22
    Registered Users Posts: 1,179 ✭✭✭salamanca22


    testaccount123 wrote: »
    Or if its the first six months of the tenancy.

    No, if there is a lease in place and the landlord is breaking the lease even if it is day one it is an illegal eviction.

    Just because part 4 rights are not given in the first 6 months does not mean that the landlord can break his obligations as laid out in the lease.


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    #13
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    salamanca22 wrote: »
    No, if there is a lease in place and the landlord is breaking the lease even if it is day one it is an illegal eviction.

    The op suggests that it was by mutual consent that they move out, how can it be an illegal eviction if they agreed to it?


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    #14
    salamanca22
    Registered Users Posts: 1,179 ✭✭✭salamanca22


    newwan wrote: »
    Thanks. He actually terminated the lease not us breaking it. Those were his exact words in his email notice.

    So we shouldn't have any reason to keep our deposit.

    How do we refer to ptrb if the time cones? What chance do we have? It's quite a lot of money...

    Also he only gave us emailed notice of termination of tenancy but it has to be written doesn't it. If all comes to all well just ask him for legal written notice which will delay things another month on his behalf so hopefully he will then see sense...

    I hope he doesn't try it but it looks inevitable.
    Kenia Young Poultry wrote: »
    The op suggests that it was by mutual consent that they move out, how can it be an illegal eviction if they agreed to it?

    My reading of that is that it is not mutual


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    #15
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    salamanca22 wrote: »
    My reading of that is that it is not mutual
    newwan wrote: »
    Hi
    Were moving out in a few days. Were a few months into a 12 months lease. We had an issue with the landlord that did not involve any house damage and each decided it was time to part ways.

    So that's that. Amicable enough

    .

    ...


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    #16
    salamanca22
    Registered Users Posts: 1,179 ✭✭✭salamanca22


    Kenia Young Poultry wrote: »
    ...

    Dunno how I missed that. Fair enough then, I was wrong.


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    #17
    newwan
    Registered Users Posts: 307 ✭✭newwan


    It was amicable alright. But it won't be if he keeps the lease.

    We did break one clause in the lease very temporarily. Just one weekend really and subsequently corrected it and never broke any piece of the lease again. He wasn't happy so asked us to leave. We were happy to leave so agreed. He then emailed me a termination of lease agreement which is not legal afaik.

    He did really piss us off by calling unannounced once and sending a guy unannounced another time who basically looked in the back window at us semi naked.

    The place was in crap when we moved in. Just been redecorated and carpeted but Stanley blades thrown all over the floor. Dust and builders crap everywhere. We got cleaners in and shone the place up no end. I have pics before and after alright...

    I have no interest in ever living there again and don't want any kind of trouble. But idon't fancy losing a months wages to this guy...


    My plan is to leave the place immaculate condition and take loads of pics.

    If he subsequently holds the deposit ill refer to ptrb and tell him to give us written notice and then we'll go in a months time... Which hopefully will be enough hassle for him to just sort it... Opinions?


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    #18
    Butters1979
    Registered Users Posts: 1,164 ✭✭✭Butters1979


    Ok first of all, he needs to give 24 hours notice before calling around I believe. Also looking in the back window is very dodgy but you say this was someone else. How do you know he was sent by the LL? That would be hard to prove

    You say you did break one clause in the lease but only for a weekend but haven't told us what that was. Which makes me suspicious. What exactly did you do?


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    #19
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators, Social & Fun Moderators Posts: 22,294 CMod ✭✭✭✭Pawwed Rig


    Butters1979 wrote: »
    Ok first of all, he needs to give 24 hours notice before calling around I believe.

    Not true. You call at a mutually agreed time.


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    #20
    newwan
    Registered Users Posts: 307 ✭✭newwan


    We had a pet on the property. Not even ours. For a short time only...


    So to update.
    We moved out. Left the house in glorious condition. Took tens of photos. Much better than the building site we moved into which we also have photos of...

    And now nothing. Landlord won't phone me or answer messages. So he has done a runner with our deposit and wont even have the balls to tell me...

    Any advice on what to do?


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    #21
    petes
    Registered Users Posts: 8,382 ✭✭✭petes


    newwan wrote: »
    We had a pet on the property. Not even ours. For a short time only...


    So to update.
    We moved out. Left the house in glorious condition. Took tens of photos. Much better than the building site we moved into which we also have photos of...

    And now nothing. Landlord won't phone me or answer messages. So he has done a runner with our deposit and wont even have the balls to tell me...

    Any advice on what to do?


    Did you not say you were going to open a case with the PRTB?


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    #22
    newwan
    Registered Users Posts: 307 ✭✭newwan


    petes wrote: »
    Did you not say you were going to open a case with the PRTB?

    I was hoping it woukdnt come to that.
    Or at the very least he would tell me he was keeping deposit so iwould have no choice but to go to ptrb.

    But what do ido with silence?


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    #23
    FobleAsNuck
    Registered Users Posts: 793 ✭✭✭FobleAsNuck


    open a case with PRTB maybe?


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    #24
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators, Social & Fun Moderators Posts: 22,294 CMod ✭✭✭✭Pawwed Rig


    PRTB is your only option.


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    #25
    Arbiter of Good Taste
    Registered Users Posts: 2,200 ✭✭✭Arbiter of Good Taste


    OP, when did you move out? Today? Yesterday? Last week? Try and look at it with a bit of perspective. If you have literally just moved out, are you expecting the LL to be sitting by the phone awaiting your call? Has he even had an opportunity to do an inspection? If he knows you had a pet - even temporarily - he will want to go through it with a fine tooth comb. Give it at least a couple of days before threatening PRTB


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    #26
    newacc2015
    Closed Accounts Posts: 2,379 ✭✭✭newacc2015


    Did you give back all the keys? You are liable for rent up until all keys are returned. I would email or text(PRTB accepts texts as evidence). "Hi (landlords name), since we moved out on (whatever day) and returned all the keys. We were wondering when can we expect to get our deposit back?". Start creating a paper trail


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    #27
    newwan
    Registered Users Posts: 307 ✭✭newwan


    We moved out the 12th. No response to calls or texts. Swung by there this evening and looks like new family in there already...

    So PTRB it is then.

    My gf wants to call by the house to the new tenants and explain things to them. I think that's a very bad idea and want nothing to do with that.

    I really wish it didn't come to this. Anyone ever do it before? Is it very bad? I think a drawn out process will affect our health and relationship


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    #28
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    newwan wrote: »
    We moved out the 12th. No response to calls or texts. Swung by there this evening and looks like new family in there already...

    So PTRB it is then.

    My gf wants to call by the house to the new tenants and explain things to them. I think that's a very bad idea and want nothing to do with that.

    I really wish it didn't come to this. Anyone ever do it before? Is it very bad? I think a drawn out process will affect our health and relationship

    If you're taking a prtb case you need to be whiter than white. Steer clear of the new tenants and say nothing to them until the case is over or it will be used against you.


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    #29
    Arbiter of Good Taste
    Registered Users Posts: 2,200 ✭✭✭Arbiter of Good Taste


    newwan wrote: »
    We moved out the 12th. No response to calls or texts. Swung by there this evening and looks like new family in there already...

    So PTRB it is then.

    My gf wants to call by the house to the new tenants and explain things to them. I think that's a very bad idea and want nothing to do with that.

    I really wish it didn't come to this. Anyone ever do it before? Is it very bad? I think a drawn out process will affect our health and relationship

    Your problem has nothing to do with the new tenants. Leave them in peace


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    #30
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    newwan wrote: »
    We moved out the 12th. No response to calls or texts. Swung by there this evening and looks like new family in there already...

    So PTRB it is then.

    My gf wants to call by the house to the new tenants and explain things to them. I think that's a very bad idea and want nothing to do with that.

    I really wish it didn't come to this. Anyone ever do it before? Is it very bad? I think a drawn out process will affect our health and relationship

    If filling in some forms and talking to some people and possibly having to go in front of a quasi-judicial panel for a day is going to affect your health and relationship it's time to buy a caravan and live somewhere in Dingle. It's a pain in the arse you could do without but it's hardly a complicated High court case.


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    #31
    4Marie
    Registered Users Posts: 54 ✭✭4Marie


    Be patient

    Email asking for deposit

    Continue to be patient


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