Landlord Kept my deposit

Iam

I m very ungry its €600 and the only thing I did was a very tiny cigarrtte burn in the carpet .
What can I do, I called her many times and she said that she won't give me my money back.

limerickbabe

well u've learnt a valuable lesson when leaving ur next rented accom dont pay last rent cos u'll never get ur deposit back!!!


Has any1 out there heard of any1 getting their deposit back cos i aint

PAPILLION

last place i left. 900yoyo deposit. got every cent back.

trick is not to give them anuy excuses and try and be on good and/or familiar terms with the landlord.

i still have contact with my last landlord, he's a nice guy.

oh yeah. get a written contract next time where it states the return of your deposit, being subject to certain clauses. i.e. giving appropriate notice and leaving the places as you found it. I would have replaced the square of carpet with the burn before leaving.

if i were you i would ask her for a copy of the invoice for how much it cost to repair carpet, then ask for the remainder out of the 600.. otherwise, i dunno.

better luck next time,

secret_squirrel

I've had all my deposits back every time (3 and counting) - its purely down to the landlord - but a lot depends on how you leave the place. I have always spent 2-3 hours tiding after I have moved out.

Plus moved chairs to strategic locations and invested in tablecloths ;-)

Most of my landlords have been fairly new buy-to-renters not yer 'hardnosed 10 houses in the street' kinda ppl

dod

I'd say she's on uncertain ground, after all reasonable wear and tear has to be allowed for. She's probably assuming that you'll pursue it for a while, then just piss off and not bother her any more. If you have a friend who is in the legal business: a lawyer/ solicitor/ barrister, or even someone who is a student lawyer/ solicitor/ barrister, get him/her to run up a standard form letter saying that she's not entitled to retain it. Also consider lodging a claim to have the €600 refunded with the Small Claims Court

I'd imagine once she sees that you're not just a brushover, she'll come to some reasonable arrangement with you, even if it does involve you forfeiting, say, €100 to make amends for a cigarette burn or whatever.

secret_squirrel

Originally posted by dod
I'd say she's on uncertain ground, after all reasonable wear and tear has to be allowed for. She's probably assuming that you'll pursue it for a while, then just piss off and not bother her any more. If you have a friend who is in the legal business: a lawyer/ solicitor/ barrister, or even someone who is a student lawyer/ solicitor/ barrister, get him/her to run up a standard form letter saying that she's not entitled to retain it. Also consider lodging a claim to have the €600 refunded with the Small Claims Court

I'd imagine once she sees that you're not just a brushover, she'll come to some reasonable arrangement with you, even if it does involve you forfeiting, say, €100 to make amends for a cigarette burn or whatever.

what he said

DaithiSurfer

Offer to pay for the repair of the carpet.

Victor

Whats the lads said.

Originally posted by DaithiSurfer
Offer to pay for the repair of the carpet.

.... out of the €600. Although you are entitled to "fair wear and tear" and if it's only one smalll burn in the entire apartment ...

ArphaRima

A solicitors letter always shows that you mean business. Even if its not written by a solicitor if you know what I mean....

Otherwise the small claims court. Costs a fiver (punts) the last time I looked.

Iam

yes it just a cigarrette burn and I cleaned the appartment after I left I left the place spotless really
I called her around 5 times (and counting) and I think she is not registered as she never gave me a rent book


Iam

Sleipnir

Definately the small claims court. It's FREE!

ronano

Offtopic


Buy a camera,take pictures of the house the day you move in and date them and then just put them in a drawer,i can't tell you how many pppl i know got screwed over by not doing this

PAPILLION

yeah, what the lads said,

+ get a contract next time so you don't get burnt, my contract has a list of everything in each room, as for wear and tear, yeah thats 2 be expected.

ittl take a bit, but you should get your money back in the end.:D

Iam

thanks lads

spongebob

You must

1. Go to the tax opffice and tell them you need HER RSI number and that she refused to give it to you. Show them Standing orders/ Direct Debits or proof of having lived there , bills statements etc. Tell the Taxman she Refused to give you her RSI number so you could claim it and that you want it to fill out the forms correctly.

2. Then http://www.oasis.gov.ie/housing/renting_a_flat_or_house/tax_relief_for_tenants.html?la=en

3. Make sure EVERY person in the house claims in full for their rent relief. Overclaim if necessary, if she cannot prove the rent was €600 a month then it could have been €1000 instead ....like.

Let her explain her income to the taxman.


M

PAPILLION

nice

now theres a man who knows how to turn the tables on some1...

sounds like you've been screwed over once or twice eh Muck.

ArphaRima

Excellent idea. I cant believe I didnt cop that.

But perhaps it could be used as a threat rather than just doing it.
Tell her you want her RSI number so that you can claim for rent relief retrospectively. Again, explain that everyone living in the house will be claiming.

If she gives her RSI number to you claim. If she doesnt. Claim. If she gives you the deposit. Sorted.(Or maybe claim?!)

I think she is not registered

You had better be sure of this one before you give yer subtle threat. Even so, you can claim rent relief if she is registered. So not all will be lost I figure.

Third_Echelon

yeah thats all good advice...

dont give up on that one because its a lot of money....

similar thing happened to me and a few friends a few years ago....

If you have that standard green rent book, it has a load of good contacts in there.. we contacted the association mentioned in that (cant remember their name) and they helped us get our deposit back and gave loadsa good advice...

if you know a solicitor or anyone like that, usually an "official" type letter or phonecall sorts it out...

report back and let us know how it goes...

blorg

I had a tax-dodging landlord in the past, who gave me the equivalent of the rent relief in cash rather than giving his RSI number. Still didn't stop me claiming it from the Revenue also, and getting double... I also deducted money from his rent when he wouldn't fix things, to get them fixed myself. I've found in general that landlords that are the wrong side of the Revenue tend to be a pushover.

Otherwise, I've moved around quite a bit and only once, way back in college, had a problem with the deposit not being returned. It's by no means standard that the landlord keeps it and you shouldn't - and don't have to - stand for it. IANAL, but I think you are within your rights to demand to see receipts for any expenses deducted out of your deposit (mind you, a new carpet might be an expensive item if she did actually go out and get one, and I don't see how else you can 'fix' a carpet?)

Also, you should be definitely be claiming rent relief if you have an income - it is worth quite a bit of money off your tax bill. Do this one way or the other.

You might give Threshold a call, they give free advice to tenants about just this sort of thing. I believe that landlord deposit issues are one of the mainstays of the small claims court also, this would be another avenue to investigate as previous posters have suggested.

spongebob

Originally posted by PAPILLION

sounds like you've been screwed over once or twice eh Muck.

Not for a long time. The situation is MUCH beter nowadays, you shoulda seen the crud that was rented out in the 1980's . I was years renting b4 I got a place with a washing machine for example !

A decent landlord would accept 'reasonable' wear and tear and would have maybe haggled over keeping part of the deposit or allowed the tenant to replace the carpet themselves if they could do that instead. It could be a good carpet that is worth €600 (or more) although I doubt it. In that case the landlord could take the tenant to court for the balance owing on the carpet.

One small wine stain or a small burn is reasonable wear and tear, a tattoo of cigarette burns is not. If it was a sitting room with foam backed carpet then the hole would be bigger if it got burnt which is also reasonable, a fibre backed carpet is less susceptible to burning.

Reasonable is a very mutable concept , it requires that both parties make allowances.

M

Victor

Originally posted by Third_Echelon
If you have that standard green rent book, it has a load of good contacts in there.. we contacted the association mentioned in that (cant remember their name) and they helped us get our deposit back and gave loadsa good advice...

www.threshold.ie - you could also cfheck landlord was registered with local authority (legal obligation).

DaithiSurfer

You can ask for a rent book filled in for the period of your tenancy.
Buy one and hand it to her and tell her to fill it in because revenue will need it.
Also, the small claims court is worth the trip, but make sure you're in the right or you'll have to pay costs too.

If yoou're landlord is a **** then throw all you can at them. They should treat you with respect. You pay a fair amount of money for that respect.

I got taken once to small claims, won and the tenant had to pay costs etc.


I've only kept portions of peoples deposits for :

1 - Breaking something (like 2 legs on a 6 month old table snapped in two - a hole in the plaster in a bedroom - a fridge that was punctured with scratch mark all over it wher an ice pick was used to scratch at it)

2 - When someone leaves without giving me 4 weeks notice i'll keep rent for the weeks of the 4 that i haven't been notified because i need time to let and retouch the place and that was the agreement)

3 - Missing stuff like coffee tables, pictures, lamps and even a bedside locker. (I take pictures before they move in.)

I've been threatened with the tax man too. Why does everyone think every landlord isnt paying his tax and try and use this as a big stick

Also i've been in a position where repairs were needed and the tenant in a snotty manner withheld the rent because they said they would get it fixed for x amount. I gave her her 4 weeks notice for not paying rent and took the withheld money from her deposit. Its up to me to get someone to fix things who i trust to do the work properly, not the tenant, unless they clear it with me. Generally i get repairs organized as fast as possible, usually less than a week or 2.

Another thing (probably a bit petty i know, but makes me feel better) that i do is-
If i have a good tenent i generally do not put up the rent after the lease is up - But, as happened last year, if they ask for a reduction, then i will put it up at the end of the lease. The thinking here is that they had a good relationship with me and I would have not put up the rent but they asked for a change so i'll give them a change

Try to **** me and i'll **** you is how i deal with people.
And i tell it like it is when their new landlord calls for a reference.

Other than that i try to have a good relationship with my tenants.
I follow all the rules and do favours for them. If they're nice to me i'm nice to them. e.g waiting an extra few weeks for the rent for whatever reason. There's no substite for a good tenant (they pay money which is well earned to me for a service), so i try to keep them happy by keeping the place nice and in good order by fixing and decorating as needed.

Iam

What I did its, printing all you ve told me
went to the house and told her that I would do this and that and that I ve talked to a lawyer and I said, you choose, you can pay me now or oyu can pay more later,
and she GAVE ME 450 EUROS!!! great, I was shaking but I know it s not all but at least I ve got something

Great, thanks for the help!!!!


Thank you very much

dod

Nice one. Well done.

spongebob

Originally posted by Iam
Great, thanks for the help!!!!

The oul bitch, dropped her demand from €600 to €450 , I though that €150 for her carpet would be generous.

Now trundle down the Tax office to get your rent relief cheque from the Taxman in time for christmas.

Every person living in the house and paying tax was entitled to the rent relief Tax allowance. In order to claim you simply need her name and address. Say she refused to give you her RSI number. Fill out the form for this tax year (almost over) and for any other tax year you were in the house, tell the taxman how much you paid her every week.

Prrof of address like standing orders and direct debits and bank statements and mobile bills and esb bills are a good idea, bring all of these along.

You will get c.€220 from the taxman for every full year you lived there. Hop to it, cheque for christmas.

M

eth0_

Originally posted by Muck
The oul bitch, dropped her demand from €600 to €450 , I though that €150 for her carpet would be generous.

Now trundle down the Tax office to get your rent relief cheque from the Taxman in time for christmas.

Whoo, well done IAM!
Definitely claim for rent relief!

Muck - do you know if there's a time limit on when you can claim? I rented in a house from Feb-October last year and it was over priced and we had an absentee landlord and no rent book.(I met him twice. Once when he came to get the serial number of our cooker so he could get a part to fix it with...which he never did, and then to say 'Did x tell you you have three weeks to vacate the house, i'm getting married and want the house back'.

Grr.

spongebob

I have come across a case where the Taxman entertained a 2 or 3 year back claim. Last year is absolutely no problem at all Eth0 .

Do it the way DaithiSurfer said.

1. Get Rentbook
2. Put all the names in the house on it
3. Give the Landlord a CHANCE to fill it...or to buy yeer rent relief off ye instead (€220 each per annum or part thereof)

eth0_

Originally posted by Muck
I have come across a case where the Taxman entertained a 2 or 3 year back claim. Last year is absolutely no problem at all Eth0 .

Do it the way DaithiSurfer said.

1. Get Rentbook
2. Put all the names in the house on it
3. Give the Landlord a CHANCE to fill it...or to buy yeer rent relief off ye instead (€220 each per annum or part thereof)

I don't think he would entertain giving us a rent book, only one of the other renters still lives in Ireland as I was sharing with two Germans and an Irish friend.
He did keep saying he would give us money in lieu of tax relief but he never came up with the cash.

Can you just shop 'em?

blorg

In my experience, all you need for the rent relief is the name and address of the landlord. I'm not sure that they do any checks on the landlord at all, but you do get the tax credit yourself which is the important thing. It then tends to stay there on your tax credit cert, you don't have to keep informing the Revenue after you move.

Victor

Originally posted by eth0_
Muck - do you know if there's a time limit on when you can claim?

Six years, I got €3,000 (including pension credits) off the revenue this time last year.

Originally posted by eth0_
Can you just shop 'em?

Of course, any agreement between you and the landlord to evade tax is void in the eyes of the law. Do it! Teh only issue is if you need the landlord as a reference in the future.

eth0_

Originally posted by Victor
Teh only issue is if you need the landlord as a reference in the future.

I don't....I hope never to rent ever again