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I Need Advice with Tennant Rights

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  • 14-10-2013 2:01pm
    #1
    igradar
    Registered Users Posts: 18 ✭


    Okay, so long story short, I was living in rented apartment for 1 year and 7 months, and the contract was for 1 year.

    When I moved out, the landlord paid a painter 600 EUR from my 975 EUR deposit to repaint the apartment - no destructive damage was done to the walls at all. When i'd moved in the walls were not freshly painted, but were quite acceptable.

    He also paid for a cleaner for about 100EUR which of course, i'm okay with. New tennants moved in two days after the repainting, and the landlord refuses to give me back the money for the painting. He does not have photographs of the walls, and the photos that I have are just random pictures of myself with a friend etc in the apartment, and in those pics, the walls appear fine. In fact, I was careful to clean any smudges I saw around the bins etc.

    From my perspective, he used my money to get the place repainted for the new tennants. Surely this is not legal? There was no destructive damage done at all to the walls. I didn't smoke, and I took care of the walls.

    There was an incident where water from the floor above me seeped into my room and left a damp patch on the ceiling, but since it's been repainted now, he could argue that it was damage caused by me.


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    #2
    djimi
    Registered Users Posts: 13,238 ✭✭✭✭djimi


    Take a case against him with the PRTB. Unless he can back up his claim that the place needed to be repainted I doubt that he will get very far.

    Did he provide you with an invoice/receipt for the work which backs up the deductions? You are entitled to both of these.

    You will be waiting a while for the PRTB to hear your case (dont count on seeing the money any time in the next 12 months) but by the sounds of it you should have a case, unless the landlord has good evidence to back up their claim.


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    #3
    igradar
    Registered Users Posts: 18 ✭igradar


    I've requested the invoice, though he has stated it will show that cost. I do believe that the repainting cost this amount - I moved to a nearby apartment and also witnessed the painter going to and fro. It's the repainting coming from my deposit that I'm concerned about :(

    The place did need to be cleaned as I had several hours to move everything out before I had to hand back keys - it wasn't bad, but I understand that a cleaner needed to be hired perhaps. The strange thing was that they did not allow me to stay an extra few hours after i'd moved everything out to polish the floor etc.

    It was clean, but not sparkling.


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    #4
    smallerthanyou
    Registered Users Posts: 1,025 ✭✭✭smallerthanyou


    I doubt you'll get the cleaning fee back. But you should get painting. Landlord would have to prove went beyond reasonable wear and tear on walls caused by you as you can prove with photos that nothing unreasonable. Take case to ptrb.


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    #5
    Wabbit Ears
    Registered Users Posts: 3,043 ✭✭✭Wabbit Ears


    I had tenents move out recently who said the place was clean, we asked them about the walls and they said they were fine. All along the hall had hand prints and scuffs, stains around the light fixtures, beside the beds and so on and so forth.

    I ended up having to repaint nearly the entire apartment including ceilings as someone had used a shoe to kill mossies!! Fecking bootprints on the ceiling!!

    Also spent about 8 hours cleaning on top of the time spent painting!!

    I dont think a landlord gets a place repainted for no reason so I think its safe to say there is two sides to this story.


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


    igradar wrote: »
    I had several hours to move everything out before I had to hand back keys ... The strange thing was that they did not allow me to stay an extra few hours after i'd moved everything out to polish the floor etc

    You should have had the whole of your final day to move out, up until midnight.
    It was illegal for him to insist you leave earlier.


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    #7
    Tar.Aldarion
    Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 60,082 Mod ✭✭✭✭Tar.Aldarion


    What's fair for a landlord repainting using your money, surely a palce has to be repainted anyway now and again. For example when you move in and the place hasn't been repainted in years, you live there for years more, obviously the walls get somewhat dirtier even with care and have to be repainted anyway as part of upkeep, yet somebody like this will just use deposits to do that.


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    #8
    djimi
    Registered Users Posts: 13,238 ✭✭✭✭djimi


    Tar.Aldarion wrote: »
    What's fair for a landlord repainting using your money, surely a palce has to be repainted anyway now and again. For example when you move in and the place hasn't been repainted in years, you live there for years more, obviously the walls get somewhat dirtier even with care and have to be repainted anyway as part of upkeep, yet somebody like this will just use deposits to do that.

    This is the very reason why its important to take pictures of the place the day you move in as well as the day that you leave.


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    #9
    OldNotWIse
    Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    They are not allowed deduct any money from your deposit for normal wear and tear. That's maddening.


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    #10
    petecork
    Registered Users Posts: 83 ✭✭petecork


    wench wrote: »
    You should have had the whole of your final day to move out, up until midnight.
    It was illegal for him to insist you leave earlier.

    that doesn't make sense, can you explain how it is illegal?

    eg. If you move into an apartment on 1st October (eg 11am) and stay 1 month, your move out date will be the morning of 1st November. If you chose to stay until midnight, then you pay an extra days rent as a new tenant cant move in until the 2nd November...


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    #11
    wench
    Registered Users Posts: 1,630 ✭✭✭wench


    petecork wrote: »
    that doesn't make sense, can you explain how it is illegal?

    eg. If you move into an apartment on 1st October (eg 11am) and stay 1 month, your move out date will be the morning of 1st November. If you chose to stay until midnight, then you pay an extra days rent as a new tenant cant move in until the 2nd November...

    In that case, your moving out date would be the 31 Oct.

    If you look at the residential tenancy rules for termination of a tenancy, they say it must:
    Specify the termination date (the tenant has the whole of the 24 hours of this date to vacate possession)


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    #12
    petecork
    Registered Users Posts: 83 ✭✭petecork


    wench wrote: »
    In that case, your moving out date would be the 31 Oct.

    If you look at the residential tenancy rules for termination of a tenancy, they say it must:

    the 24 hours applies to a 'termination of a tenancy' by the landlord, in the OP's case the tenant terminated the tenancy


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    #13
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    petecork wrote: »
    the 24 hours applies to a 'termination of a tenancy' by the landlord, in the OP's case the tenant terminated the tenancy
    But a tenant has the whole 24 hours of the day he moves out, unless he has overstayed and moved into the next rent period (or an agreed move out date).


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    #14
    djimi
    Registered Users Posts: 13,238 ✭✭✭✭djimi


    In reality the tenant and landlord would agree a suitable time to meet and hand over the keys etc, no? Im sure technically the tenant has until 23.59 on the last day to vacate, but in reality you cant expect a landlord to meet at that time!


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    #15
    Tar.Aldarion
    Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 60,082 Mod ✭✭✭✭Tar.Aldarion


    True enough that that is what happens but if the tenant asks for it the landlord can't refuse I take it, as it's their rights etc. I doubt people actually stay that late, neither party wants it.


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    #16
    igradar
    Registered Users Posts: 18 ✭igradar


    Tar.Aldarion wrote: »
    True enough that that is what happens but if the tenant asks for it the landlord can't refuse I take it, as it's their rights etc. I doubt people actually stay that late, neither party wants it.
    Many years later I choose to reply - I got my full deposit back - turns out I had a video from when I moved in - I went into every room and recorded a video of the apartment - and the agency was trying to charge me for a broken window and chipped paint that they knew about BEFORE I moved in.

    I told them about my video and I received full deposit in cash in my letterbox a few days later. Pro tip: fight the power!


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    #17
    Curious1002
    Registered Users Posts: 225 ✭✭Curious1002


    igradar wrote: »
    Okay, so long story short, I was living in rented apartment for 1 year and 7 months, and the contract was for 1 year.

    When I moved out, the landlord paid a painter 600 EUR from my 975 EUR deposit to repaint the apartment - no destructive damage was done to the walls at all. When i'd moved in the walls were not freshly painted, but were quite acceptable.

    He also paid for a cleaner for about 100EUR which of course, i'm okay with. New tennants moved in two days after the repainting, and the landlord refuses to give me back the money for the painting. He does not have photographs of the walls, and the photos that I have are just random pictures of myself with a friend etc in the apartment, and in those pics, the walls appear fine. In fact, I was careful to clean any smudges I saw around the bins etc.

    From my perspective, he used my money to get the place repainted for the new tennants. Surely this is not legal? There was no destructive damage done at all to the walls. I didn't smoke, and I took care of the walls.

    There was an incident where water from the floor above me seeped into my room and left a damp patch on the ceiling, but since it's been repainted now, he could argue that it was damage caused by me.


    Looks like your ex-landlord created a nice & cosy freshly renovated place for a new tenant with your cost. In 2 years time the new tenant will be charged with a carpet replacement or/and a cost of new wardrobe while the landlord spends zero from his own pocket. I bet he does that for years. Nice.

    Don't discuss with landlord anymore, simply open a dispute with RTB like people suggest in here, it costs €15 and you will get 100% deposit back. If he did not give you a chance to clean that day/evening but locked the door after you removed your last item, then he will also have to return the cleaning cost. Put the entire deposit amount in the dispute, write that you have not received it back in full and had no chance to clean the place due to being locked out - and you will get it back pretty quickly. Don't engage in mediation but mark "adjudication" when opening a dispute. It will take max 3 months of waiting and the case will be resolved during the first meeting. Guaranteed.


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    #18
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Curious1002 wrote: »
    It will take max 3 months of waiting and the case will be resolved during the first meeting. Guaranteed.


    Then another 6 years for the OP to update us.


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