Difficulty getting deposit back

bullrunner

Hi All,

I gave my notice to my landlady yesterday. I gave her until the end of next month (29th Oct we will move out) to be precise.

When we moved in she mentioned that she deducted money from the previous tenants deposit because the paint in the bathroom was all peeling from the tenant not opening the window while having a shower. We are in the apartment 3 years now and the same has happened to us....its pretty bad. As far as i'm concerned this is normal wear and tear (a-because it has happened previously, and b- because the landlady has probably used a cheap water based paint and c- because it is at least 3 years since the apartment was painted). Can she deduct money from our deposit for this?

Also she stated on the phone to me yesterday that she would post out the deposit cheque to us <b>AFTER</B> she had checked the apartment. Now I dont expect to get the cheque before she has checked the apartment, but is it unreasonable to get the cheque from her when she is there?(or even to get cash- as I wouldnt put it past her to stop the cheque !)

thanks for any advice/comments

fred funk }{

Why don't you repaint the wall so she doesn't have anything to deduct money for, but she sounds like someone that will find something damaged somewhere regardless.

the_syco

A tin of decent paint should cost ye a tenner. Paint it before you leave.

mentalson

the_syco wrote:

A tin of decent paint should cost ye a tenner. Paint it before you leave.

you could do but more than likely this is only an excuse and she will find some other reason to not refund you. my advice would be to refuse to leave the appartment until she returns it or else don't pay last months rent. Once you move your stuff out and voluntarily leave you don't really have much chance of getting anything back

The_Conductor

mentalson wrote:

you could do but more than likely this is only an excuse and she will find some other reason to not refund you. my advice would be to refuse to leave the appartment until she returns it or else don't pay last months rent. Once you move your stuff out and voluntarily leave you don't really have much chance of getting anything back

First of all- you could come to an arrangement whereby your deposit covered the final months rent, but this would have to be with the full agreement of the landlord.

You have no right whatsoever to refuse to leave the apartment- just as the landlord has no right to refuse to refund your deposit.

There are specific mediation channels available throught the PRTB primarily dealing with deposit issues. If you feel that you have not been fairly treated- inform your landlord that you intend to avail of PRTB mediation unless he/she comes to an arrangement satisfactory to both parties forthwith.

bullrunner

Thanks for the advice folks...

I know its only about a tenner for the paint...but I dont see why I should have to repaint the ceilings at my expense when its the landlady who should do it?

Secondly...cant see the landlady agreeing for our deposit to be used in lieu of the last months rent

whizzbang

This might be of use:
http://www.prtb.ie/depositrefund.htm

In particular "Tenants are entitled to a refund of the deposit paid at the commencement of the tenancy where there is no rent owing in respect of the tenancy and there is no damage to the dwelling beyond normal wear and tear at the end of the tenancy."

If it happened before, then is sounds like a fault with the appartment or paint used. They might feel like they are in the right because they got the money from the tennant the last time but it doesn't mean they can get it from you. Perhaps they should refund the last tennant seeing as this has proven to be a repeating fault with the appartment

if not you might need to move onto this:
http://www.prtb.ie/disputes.htm