Moving out... deposit issues, really need advice

jmcwobbles

Myself and my boyfriend are in the process of breaking up and we need to move out of our apartment. We've been living there for nearly 3 years, the 1 year lease expired after the first year and was never renewed so we've been living there under Part 4 tenancy.

First point to note is that our landlady is quite elderly (91) - she lives with her daughter (they both live in the house above our basement apartment) but she has always made all the tenancy-related decisions etc. while we've been living there - it's been a bit of a joke between them that she is "in charge".

We spoke to the landlady on Sunday and told her the situation and that we need to move out. She was very nice and understanding about it, told us we could leave whenever suited us and even offered to give us back our deposit there and then. We of course took it as the money will come in handy when paying deposits on new places, rather than having to wait until after we move out. I'd like to stress that we've been there for 3 years, have been excellent tenants and have an excellent relationship with her - and will by no means take advantage and leave the place in a state just because we have the deposit already.

Today, however, the granddaughter has just come knocking on our door and has been speaking with my ex - she was obviously quite angry with us for "taking advantage" of her grandmother and demanded that we return the deposit. In fact, she seemed to single ME out as having taken advantage - myself and my ex were both speaking to the landlady together so I don't know how I've managed to get singled out. But that's beside the point.

The granddaughter does not live in the house - in fact we've never even met her before today. My question is - I know it's unusual to get the deposit back before moving out but do we have any legal obligation to return it at this point? As I said we have a good relationship with the landlady - she can be a bit forgetful at times but is of sound mind and has always been the person we have dealt with any time we have needed something. I can't imagine that she would have been implying any problem when telling her granddaughter that we were moving out etc., it sounds to me like she heard that her grandmother has paid the deposit back and went mental. I can understand her concern, but I resent her coming barging through my door when we have never had dealings with her before and accusing us of taking advantage and making demands - when really it's none of her business. We are good people, we will leave the apartment in the same clean state it was in when we moved in, and the landlady I'm sure knows this.

Do we have any obligation here either way? I was actually going to print out a letter today anyway documenting that we had received the deposit and agreed a move-out date to give to the landlady - and was also going to print a standard reference letter for her to sign. I don't want to get into an argument with her family that would threaten any of that stuff, but at the same time I'd like to avoid giving back the deposit that she willingly OFFERED (we didn't ask for it) in good faith, when it'll make the process of finding somewhere new to live that much easier.

This breakup is very tough already and I'm almost in tears with this development - I feel like telling the granddaughter exactly what I think of her and her demands, but thought it might be wiser to come and ask advice from you good people, who aren't impeded by the emotional trauma of it...

D3PO

technically you dont have to return it again. I understand the granddaughters concern, and the situation is open to you taking advantage (not implying you would)

Cathmandooo

It's absolutely none of the granddaughters business. I think you're right that she heard the story from her mother or gran and flipped out.

Just don't deal with her, she has nothing to do with it. Do up the letter to your landlord asap, thank her and acknowledge the return of your deposit and give a moving out date. Perhaps pay the remaining rent in full now also if you have it. Give her the reference letter to sign. Are you moving out soon?

The only problem is if the grandaughter bends her grans ear so much that the gran changes her mind.

I would hang onto the deposit, lodge it into your account.

jmcwobbles

We lodged it already yesterday and my ex transferred my half into my account - so he needs to get my half back before he can return it (if it comes to that) so we're using that excuse to drag our heels until we can sort all this out.

Our rent is paid up too - I know that technically according to Part 4 we need to give 8 weeks notice but the landlady was very understanding of the situation and we said, as we're already paid up until May 7th can we use that as our move-out date, and she was completely fine with that.

I will do up the letter and call up to her with it this evening - I will also include a commitment by us to leave the apartment in an acceptable condition in the letter just so they have it in writing.

I hope you're wrong about the granddaughter bending her ear so much - so it will be interesting to see how she is herself when we speak to her again - she may not even have any clue the granddaughter came to us! I hope the granddaughter isn't there this evening... I may really bite her head off. I do totally understand her concern but there was no need to come storming down in a temper being all accusatory like that when we've been such good tenants and never given any reason to believe that we would take advantage. Grrr...

Cathmandooo

Try not to bite her head off, ignoring her would probably be best. I can imagine that being difficult though.

Good luck with it tonight, hopefully the granddaughter wont be there at all, let us know how you get on.

jmcwobbles

Cathooo wrote: »

Try not to bite her head off, ignoring her would probably be best. I can imagine that being difficult though.

Good luck with it tonight, hopefully the granddaughter wont be there at all, let us know how you get on.

Hee hee I'll do my best - I think I just have a lot of pent-up frustration and she has come along with her own temper at the wrong time!!

Fingers crossed it'll all go well, will let ye know anyway - thanks!!

jmcwobbles

Well we called up to the landlady yesterday evening, the granddaughter wasn't there, and the grandmother seemed very happy to see us - I honestly don't think she's even aware the granddaughter came down to us. We gave her a letter thanking her for the deposit and stated in the letter that we would leave the place in a clean and tidy state etc etc. She was happy with that, and also signed our reference letter so all good there.

Cut to this morning. The granddaughter just rang me screaming a torrent of abuse down the phone at me. She said her grandmother didn't know what she was doing when she gave us the deposit, I said I can understand her concern but that we have a very good relationship with her grandmother and would never take advantage and will of course leave the place in a good state when we move. She woudn't listen and the conversation just escalated into a screaming match, "shame on you, you're taking advantage of an old lady, you're nothing but a manipulator etc etc" at which point I hung up on her. We have never even met this woman and she has the cheek to come to our home and call me in work throwing out insults and ranting and raving. GRRRRR!

Well she hasn't got a leg to stand on legally, she's not our landlady, her grandmother is and everything seems fine with her. We were never going to leave the place in a bad state anyway - but now I'm more determined than ever to leave it spotless for her, show that beeatch she has no right to make wild assumptions about people she doesn't know.

She can't do anything, right?

D3PO

no she cant do anything. At this point I woudnt take her calls at all. If she calsl tell her that shes not your landlady and that you want no dealings with her and then politly end the call.

if she continues to call you especially in work tell her that you will contact the gardai regarding her harassment of you.

Cathmandooo

I'm glad meeting your landlady went well and you got what you needed.

Cheek of the granddaughter, big +1 to D3PO's advice. There's nothing she can do, prtb would laugh at her if she went near them, there's no case whatsoever against you.

I hope she backs off and doesn't make things difficult. Thanks for the update

jmcwobbles

Yeah good call on the harrassment threat, I will totally do that if she does keep ringing or calling down to the apartment. I'm just in shock, I can't believe that after 3 years of living there with a great relationship with the grandmother and absolutely no problems whatsoever, this girl has the cheek to start raining abuse down on us.

And it's bizarre because her mother/the landlady's daughter (yes all 3 generations involved!) lives in the house with the grandmother, and we know her and get on well with her - and she is lovely but also the type of woman you wouldn't cross and wouldn't have a problem telling you if she has any issues - and yet we haven't seen any sign of her. The granddaughter really seems to be acting off her own bat.

Fingers crossed she'll just back off now though - she has no choice really.

Thanks for all the help and advice - I'll keep you posted on any further developments!

Ste.phen

I'm just waiting for the 'some bstrds are trying to take advantage of my elderly granny' thread to pop up in PI

[edit] BTW< i'm fully supportive of your actions so far, just idly musing [/edit]

jmcwobbles

Ha ha I was thinking the exact same thing!! Then we could just start slinging mud in public