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Problem with moving out.

  • 02-02-2011 11:01pm
    #1
    pvt6zh395dqbrj
    Closed Accounts Posts: 183 ✭✭


    Hi all,

    So,

    We were due to move out of the house this week which we did. Today, I went to hand back the keys. And the folks to whom I was giving the keys asked for a look around the place. After what could only have been 30 seconds of looking around they said that if we wanted the deposit back we would have to "Return the property as we found it" as per Article something section something of the contract we signed. They were very unspecific as to what needed to be done to return the place to the standard in which it was found - nor had they any meter as to what standard that was before we moved in.

    However, they did mention that the place wasn't as clean as it should be and gave us untill Friday to clean it or they would hire cleaners and pay for it out of our deposit. I have the following to ask:

    1) Is such an ambiguous claim justified? Surely they can simply dismiss our cleaning at a whim and keep our money - citing article whatever of our contract?

    2) We are leaving the house with almost a half a tank of oil left (300euro - approx) as we could never use it (see point number 3). Can we negotiate some sort of a deal?

    3) The reason we couldn't use the oil - is that in december (just before the big freeze) the boiler broke and it never got fixed (meaning we spent the big freeze with no heating - or rather with an electric heater which drove our electricity bills high). Despite contact these folks, the problem was never sorted. Similarly, the same thing happened with the dishwasher.

    What I am asking is: If they do keep our deposit money - with all of the above in mind - is there anyway to get back at them? As in - can I take them to some sort of court?

    If not, I have a big speech prepared to make them feel bad. It includes a Michael Scofield impression.

    Cheers
    Ronin Pusher


Comments

  • #2
    Xiney
    Registered Users Posts: 8,085 ✭✭✭Xiney


    They are not allowed to retain any of your deposit for cleaning.

    They can retain the deposit for two things:

    - damage above normal wear and tear

    - unpaid bills/rent


    Cleaning does not fall under either of those things.

    It is always a good idea to have photos of a place before you move in included in the inventory when you sign a lease, but if they don't have any proof that things were in better condition before then it doesn't matter so much that you don't have any proof that things weren't in better condition.

    Tell them that if they do not return your deposit in full within a reasonable time frame you will open a dispute with the PRTB.


  • #3
    pvt6zh395dqbrj
    Closed Accounts Posts: 183 ✭✭pvt6zh395dqbrj


    Hi Xiney

    Even if we signed a contract saying we would leave the place as we found it?


  • #4
    Xiney
    Registered Users Posts: 8,085 ✭✭✭Xiney


    Davina Thundering Warrior wrote: »
    Hi Xiney

    Even if we signed a contract saying we would leave the place as we found it?

    AFAIK, your deposit is regulated by laws that overrule any contract you signed.


  • #5
    Azureus
    Registered Users Posts: 2,131 ✭✭✭Azureus


    I had this problem with my last landlords (from hell!)

    We had the place spotless, no damages. But they insisted it wasnt 'as we found it' and that this was the contractual agreement. Of course it wasnt exactly as they found it, we had lived in it for a year and there was general wear and tear and certain things (eg paint wasnt as fresh as it was a year ago...its magnolia, cheap magnolia, its not gonna stay bright and fresh!!)
    But they argued it to the extent of harassment. Luckily we contacted the PRTB straight away and then they realised we werent walkovers and left us alone. Try that :)
    )


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