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Why did a landlord keep your deposit

  • 27-04-2018 10:21pm
    #1
    Greaney
    Registered Users Posts: 1,247 ✭✭✭


    Myself and my husband are landlords. We try to rent 'unfurnished'. We think it's simpler. I've been reading lots of posts here and I'm under the impression that most deposits are kept due to damaged furniture!

    We've seen friends of ours, tenants, go through the RTB to get deposits back. One landlord thought she could keep the deposit because it was 'good manners' since the tenant had asked her to remove the beds a few years before.

    So I think we may have something to learn here.

    If you've had your deposit kept from you after you left a property, why?

    I've put a wee poll in at the top of the post if ye'd like to tick a box, so as to get a picture.

    Why did a landlord withhold all or part of your deposit 22 votes

    Material damage to the building
    0% 0 votes
    Broken Furniture
    27% 6 votes
    Wear & Tear
    9% 2 votes
    To cover the final months rent
    18% 4 votes
    Unpaid bills
    36% 8 votes
    Other
    9% 2 votes


Comments

  • #2
    dudara
    Registered Users Posts: 33,519 ✭✭✭✭dudara


    I’ve never had a deposit withheld. Always returned in full.


  • #3
    beauf
    Closed Accounts Posts: 22,651 ✭✭✭✭beauf


    Greaney wrote: »
    ...So I think we may have something to learn here...

    Unfurnished is the norm in some other countries for the this reason. Its not news.


  • #4
    tedpan
    Moderators, Recreation & Hobbies Moderators Posts: 4,627 Mod ✭✭✭✭tedpan


    dudara wrote:
    I’ve never had a deposit withheld. Always returned in full.

    Me too.


  • #5
    RabbleRouser2k
    Registered Users Posts: 8,276 ✭✭✭RabbleRouser2k


    No excuse given, only one landlord never returned my deposit-I'd left a few weeks before I said I would, cleaned the room, left bills paid, and even made sure my housemates had the internet and other bins paid for a month. (Made sure to get their share, and then pay things up front).

    Despite one housemate being evicted, and two others leaving before their tenancy was up, I was the only one who never got his deposit back.
    And yes, I cleaned everything up before I left. All I was told was 'he had to paint the room-so no desposit back'. And I was only told that 4 months after I'd moved out, after he called me to tell me the garbage hadn't been taken out since I left.

    Yeah, some landlords are jerks, to say the least. (Not targeted at Op, btw-I'm not like that).

    Most landlords I've either full or partial deposit returned-the partial is for usual wear and tear, especially if I stayed there for more than a 12 month tenancy.


  • #6
    OldMrBrennan83
    Closed Accounts Posts: 26,658 ✭✭✭✭OldMrBrennan83


    This post has been deleted.


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  • #7
    robinph
    Moderators, Science, Health & Environment Moderators, Sports Moderators Posts: 24,063 Mod ✭✭✭✭robinph


    RabbleRouser2k wrote: »
    ... the partial is for usual wear and tear, especially if I stayed there for more than a 12 month tenancy.
    Is that not what you pay the rent for?


  • #8
    hblock21
    Registered Users Posts: 735 ✭✭✭hblock21


    One landlord said initially that he was keeping my deposit with no explanation at all and for no reason at all.
    I was living in a Part 5 house - which is only supposed to be rented to students - I was not a student.
    Got my deposit in the post 3 days after I mentioned the above fact..............


  • #9
    RabbleRouser2k
    Registered Users Posts: 8,276 ✭✭✭RabbleRouser2k


    robinph wrote: »
    Is that not what you pay the rent for?

    Yeah, it's usually very little taken out of the deposit. Like a tenner, at most. Just something that the rent might not have covered.
    I remember in one case it was a couch got damaged, like just a panel under the couch cracked or something. A minor repair, and a replacement.
    That was just the one that took a tenner.

    The guy who took the whole deposit seemed to hate me-and keeping the deposit was a surprise to nobody. Seemed to blame me for people moving out as well as the evictee.

    A friend of mine had similar experiences in the same town as me-with a different landlord. Had all sorts of issues with his landlord, including the landlord trying to claim he never paid the deposit. (He paid by cheque, was able to trace who cashed it).


  • #10
    Ultimate Seduction
    Closed Accounts Posts: 4,464 ✭✭✭Ultimate Seduction


    Because I left the property before my lease expired even though I gave 1 months notice and didn't withhold any rent and there was new tenants in the house days after I left. I made his life he'll for 2, months before I got it back .


  • #11
    Greaney
    Registered Users Posts: 1,247 ✭✭✭Greaney


    RabbleRouser2k wrote: »
    Most landlords I've either full or partial deposit returned-the partial is for usual wear and tear, especially if I stayed there for more than a 12 month tenancy.

    At the RTB adjudication they said that a deposit cannot be kept over normal wear and tear. That's the price of being a landlord. Scuffed walls, a broken knob, material maintenance etc. I think many of us may not have known that.


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  • #12
    Greaney
    Registered Users Posts: 1,247 ✭✭✭Greaney


    beauf wrote: »
    Unfurnished is the norm in some other countries for the this reason. Its not news.

    'Something to learn' was referring to many things not just regarding furnished property, for example, the PRTB don't think it's right to with hold deposit for normal wear & tear. ;)

    Thank you to all who've voted in the poll so far. If you click on 'see pool results' they do a nice coloured chart. The husband said I should have put 'never had deposit withheld as an option' but I assume that there are decent landlords out there, who give it back and the question was to see how we all 'view' the deposit. Both tenant and landlord.


  • #13
    Lantus
    Registered Users Posts: 3,027 ✭✭✭Lantus


    From my time in UK down south I'd say that there is an industry in skimming the deposit for as much as a weak willed tenant will allow. I didn't know much then but still had to argue to keep as much as I could. I'd say landlord and agent split it.


  • #14
    bee06
    Registered Users Posts: 4,514 ✭✭✭bee06


    Greaney wrote: »
    'Something to learn' was referring to many things not just regarding furnished property, for example, the PRTB don't think it's right to with hold deposit for normal wear & tear. ;)

    I would have thought this was common sense. I would never withhold a deposit for normal wear and tear. Abnormal wear and tear, damage or cleaning costs then yes I would.


  • #15
    beauf
    Closed Accounts Posts: 22,651 ✭✭✭✭beauf


    Greaney wrote: »
    'Something to learn' was referring to many things not just regarding furnished property, for example, the PRTB don't think it's right to with hold deposit for normal wear & tear. ;)....

    That's not news either. If you are a LL you would know this.

    I'm not sure what you're trying to find out to be honest. Common reasons for deposit retention are listed on rental advice websites.

    I think rental unfurnished is far better for a variety of reasons. It also makes a place easier to paint see damage and clean. Both LL and tenant should prefer this it's common sense.

    That said some tenants like students won't have furniture. But then they don't need much.


  • #16
    fg1406
    Registered Users Posts: 433 ✭✭fg1406


    My LL went missing with the money. I obtained a small claims court judgment against him but he couldn’t be found to enforce it.


  • #17
    gmisk
    Registered Users Posts: 31,825 ✭✭✭✭gmisk


    Dry food left on shelf.... Sock under bed... Scumbag landlord, we put up with the place being a building site basically for months


  • #18
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    7 landlords and each different. Some better results when they were with an agency.

    I had to evacuate one place as it flooded and he complained it was left "very dirty" : was three inches in water when I left but i did bleach the cupbpards etc. Agent insisted he finally return the deposit

    Another was full of vague promises/excuses.. I "happened" to meet her as he was leaving work and walked with her t o the ATM for part of it ie no reason just inefficient.


  • #19
    Greaney
    Registered Users Posts: 1,247 ✭✭✭Greaney


    beauf wrote: »
    That's not news either. If you are a LL you would know this.

    I'm not sure what you're trying to find out to be honest. Common reasons for deposit retention are listed on rental advice websites.

    I think rental unfurnished is far better for a variety of reasons. It also makes a place easier to paint see damage and clean. Both LL and tenant should prefer this it's common sense.

    That said some tenants like students won't have furniture. But then they don't need much.

    I am a landlord and I did know this, however, I just checked the wee poll at the top of the thread and broken furniture and wear& tear make up over 20% of the reasons for keeping deposits, so it's still a thing. Furthermore we were helping a friend out and we were shocked to hear her former landlord, at an RTB hearing give a list of reasons begining with wear and tear,and then saying that keeping it, for removing unwanted beds, four years earlier, was just 'manners'.

    And yes, I agree with you, an unfurnished flat is better. There's never been so much on freecycle etc..

    I'm surprised how many folk pay the last months rent with the deposit, mind you, a few mates say it's because they didn't trust the landlord to return it.


  • #20
    beauf
    Closed Accounts Posts: 22,651 ✭✭✭✭beauf


    Well there's messers on both sides.

    The furniture one is very common. It's damaged so often people don't want to spend a lot of money on it. Which means its not robust. Also renting is hard on furniture. Because some people just don't take care of it.


  • #21
    TheAnalyst_
    Registered Users Posts: 1,371 ✭✭✭TheAnalyst_


    I only had one landlord that tried to pull this but I had preempted her and didn't pay the last months rent. What would have been a massive ball ache ended up as a couple of angry emails.


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  • #22
    beauf
    Closed Accounts Posts: 22,651 ✭✭✭✭beauf


    The deposit should be held by a third party.

    It's should only be returned if there is no dispute raised by the landlord with the prtb.

    It will take the prtb months to rule on the dispute though.


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