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Landlord problem

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  • 05-05-2009 1:05pm
    #1
    Registered Users Posts: 2,855 ✭✭✭


    Hi Guys

    Looking for some advice here.
    I recently moved out of my appartment, I was a tenant there for 2.5 years. I gave my Landlord 2 months notice that I was leaving and asked him to come over and view the appartment. He wouldn't do this and insisted I left and then he check it.

    2 weeks before I moved out a tile came off the bathroom wall. I taped this up thinking It would be ok to tell him when I left. Also there is a stain on the carpet from where banana fell on it. He wants to have the wall retiled and the whole floor re fit with new carpet. He is saying I will get none of my deposit back. He insists he must bring in professional cleaners too the apartment. We cleaned before we left (with the exception of hoovering) wiped all presses and cleaned the oven.

    Can some one help me out here or point me in the right direction. I fell it's very unfare. The carpet is at least 7years old, it only needs a shampoo to remove the stain, surely there is some coverage for me? Is it possible to live somewhere for 2.5 years and give it back the same way?


    Thanks in advance guys,
    Nabber


Comments

  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Nabber wrote: »
    Hi Guys

    Looking for some advice here.
    I recently moved out of my appartment, I was a tenant there for 2.5 years. I gave my Landlord 2 months notice that I was leaving and asked him to come over and view the appartment. He wouldn't do this and insisted I left and then he check it.

    2 weeks before I moved out a tile came off the bathroom wall. I taped this up thinking It would be ok to tell him when I left. Also there is a stain on the carpet from where banana fell on it. He wants to have the wall retiled and the whole floor re fit with new carpet. He is saying I will get none of my deposit back. He insists he must bring in professional cleaners too the apartment. We cleaned before we left (with the exception of hoovering) wiped all presses and cleaned the oven.

    Can some one help me out here or point me in the right direction. I fell it's very unfare. The carpet is at least 7years old, it only needs a shampoo to remove the stain, surely there is some coverage for me? Is it possible to live somewhere for 2.5 years and give it back the same way?


    Thanks in advance guys,
    Nabber
    you were probably entitled to have a new carpet laid 2 years ago as floor coverings are not permenant and do wear out! and tiles do fall off walls especially where landlords like yours are being cheapskates.

    your landlord is trying to use your deposit to cover normal wear and tear and this is not allowed. contact the PRTB(private rented tenenancies board) as your tenancy should have been registered with them, and also threshold and they should act on your behalf.


  • Closed Accounts Posts: 677 ✭✭✭darc


    As per foggy lad, these items are considered wear & tear and cannot be deducted from the deposit.

    Assuming no bills are in arrears or any physical damage to the property, you are entitled to a full refund of your deposit within a reasonable timeframe.

    From experience many years ago, judges take a very dim view of these types of landlords.


  • Registered Users Posts: 321 ✭✭Little A


    He's trying to pull a fast one.

    Even if the carpet was brand new when you moved in, he should initially try to remove the stain with cleaning (you should have done this yourself). If you are sure the carpet wasn;t new, then there is no way you should be liable for replacing it.....carpets wear out, he gets a wear & tear allowance each year.

    Same goes for the tile (unless it fell off due to some neglience on your behalf).

    Explain to him that you understand that normal wear & tear can't be taken out of the deposit and if the place wasn't clean enough, you should have been given the chance to redo it. If he still doesn;t want to return your deposit, tell him that you intend to take it up with the PRTB.


  • Closed Accounts Posts: 19,986 ✭✭✭✭mikemac


    You were there for two years and a good tenant.
    This place probably needs a bit of refurbishment after two years use. And he is trying to use your deposit to pay for it.
    The issues you've described are normal wear and tear.

    Don't stand for it OP. Straight to the PRTB


  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    Is your landlord registered with the PTRB, and does he pay the appropriate tax on the rent? If he doesn't, then you can hold that over him too. Either way, he's not in the right, as deposits are only held in cases of outstanding bills or malicious damage, not a dirty carpet.


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  • Registered Users Posts: 33,518 ✭✭✭✭dudara


    Moved to Accommodation & Property

    dudara


  • Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Nabber- you need to contact the PRTB and commence a dispute via them.


  • Registered Users Posts: 2,855 ✭✭✭Nabber


    Thanks everyone

    Already started with the ptrb

    Just wanna know what everyone else thinks.

    The landlord says it will cost 5000 euro to repair everything. He said he would be generous and give me back 500euro.

    His list of what needs to be done,

    Professionally cleaned
    New carpet and laid too
    Walls painted due to dirty walls and mould on the walls
    Bathroom wall retiled
    Sofa needs too be professionally cleaned
    Desk and chair I left behind disposed of.

    I agreed that I didn't hoover before I left. I said I wouldgo over and do it. I offered too take away the table and chair. I'm worried I will lose my case. I wouldn't have moved into the place straight after me, it was dirty. But I thought all places needed a reclean, especially after 2.5years. But am I responsible for everything listed?
    He says mould on the wall I'm responsible for that. Isn't the landlord resonisible for that?


  • Registered Users Posts: 2,131 ✭✭✭RentDayBlues


    Not hoovering was probably not a great idea but hind-sight is also great. In regard to the issues the LL wants to hold your deposit for:

    Professionally cleaned - If the apartment was clean and the LL wants to get it professionally cleaned this is up to him to fund, not you. Did you by any chance take pictures to prove the condition once you left? Its also the reason you need to ensure that the LL views the apartment before you leave and confirms in writing that everything is satisfactory.

    New carpet and laid too -Unless the carpet is completely ruined, the LL cannot bill you for replacing this, it is considered normal wear and tear. He needs to try to clean it first .

    Walls painted due to dirty walls and mould on the walls - Again, normal wear and tear.

    Bathroom wall retiled - Tiles coming off the walls are not your fault, but you should have let him know at the time so it was noted.

    Sofa needs too be professionally cleaned - Whats wrong with the sofa exactly?

    Desk and chair I left behind disposed of. - This is fair enough, you should have got rid of this yourself.

    I wouldn't worry too much, just make note of everything and speak to the PRTB


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Not hoovering was probably not a great idea but hind-sight is also great. In regard to the issues the LL wants to hold your deposit for:
    makes no difference unless you had emptied the hoover bag all over the floor, this landlord was never giving back your deposit from the start!
    Professionally cleaned - If the apartment was clean and the LL wants to get it professionally cleaned this is up to him to fund, not you. Did you by any chance take pictures to prove the condition once you left? Its also the reason you need to ensure that the LL views the apartment before you leave and confirms in writing that everything is satisfactory.
    this is covered bt normal wear and tear which you cannot be penalised for!
    New carpet and laid too -Unless the carpet is completely ruined, the LL cannot bill you for replacing this, it is considered normal wear and tear. He needs to try to clean it first .
    regardless of how he gets on cleaning it you can not be made pay for normal wear and tear and the carpet is probably overdue for replacing anyway!
    Sofa needs too be professionally cleaned - Whats wrong with the sofa exactly?
    normal wear and tear as you could expect a sofa to be replaced under normal conditions after 2-3 years
    Desk and chair I left behind disposed of. - This is fair enough, you should have got rid of this yourself.
    you probably doubled the value of this dump! also has the landlord painted or maintained the place in your time there?
    I wouldn't worry too much, just make note of everything and speak to the PRTB
    you have done nothing wrong and from your posts you seem like a perfect tenant, many landlords try to keep deposits for normal wear and tear but they need to be stopped! stick with the prtb as they may be slow but they will deal with it eventually and will probably even get you interest for the time the landlord witheld your money!


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