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Deposit?

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  • 17-05-2010 8:08pm
    #1
    evolutionqy7
    Registered Users Posts: 6,277 ✭✭✭


    Hey just wanted to know can your landlord take the last months pay from the deposit? ive got around 15 days left in the appartment now and i dont wanna pay the last months rent simply cause i dont trust the landlord to give my deposit back at the end of the month...

    any solution there?#

    regards


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    #2
    AARRRGH
    Closed Accounts Posts: 12,382 ✭✭✭✭AARRRGH


    No, you have to pay your last months rent, and you get your deposit when you move you.


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    #3
    MRBEAVER
    Closed Accounts Posts: 206 ✭✭MRBEAVER


    Did it a few times myself. If you think that there is a chance that your landlord is one of the many who do not return deposits then withold your last months rent and tell the landlord to take it from your deposit. He won't like it as he will be prevented from ripping you off but not much he can do.


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    #4
    evolutionqy7
    Registered Users Posts: 6,277 ✭✭✭evolutionqy7


    AARRRGH wrote: »
    No, you have to pay your last months rent, and you get your deposit when you move you.
    what if u dont? what then? waste my time trying to get it back? when finished college got 150 km trip back home...not in a mood to waste my money coming back to dublin...


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    #5
    AARRRGH
    Closed Accounts Posts: 12,382 ✭✭✭✭AARRRGH


    evolutionqy7 wrote: »
    what if u dont? what then? waste my time trying to get it back? when finished college got 150 km trip back home...not in a mood to waste my money coming back to dublin...

    You don't know if he will keep it or not.

    Technically he could bring you to court over it. He would win. You could have to pay costs too.


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    #6
    evolutionqy7
    Registered Users Posts: 6,277 ✭✭✭evolutionqy7


    AARRRGH wrote: »
    You don't know if he will keep it or not.

    Technically he could bring you to court over it. He would win. You could have to pay costs too.

    ill take my chances :) she doesnt even know my full name :)


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    #7
    AARRRGH
    Closed Accounts Posts: 12,382 ✭✭✭✭AARRRGH


    evolutionqy7 wrote: »
    ill take my chances :) she doesnt even know my full name :)

    Ah yeah, I totally know where you're coming from, but technically you're in the wrong. :)


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    #8
    Bob Z
    Registered Users Posts: 2,587 ✭✭✭Bob Z


    You might be in the wrong but I would do the same if I didnt trust the landlord


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    #9
    evolutionqy7
    Registered Users Posts: 6,277 ✭✭✭evolutionqy7


    AARRRGH wrote: »
    Ah yeah, I totally know where you're coming from, but technically you're in the wrong. :)

    i know thats why i feel bad about it :( but u know when ur a student...money is tight :(


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    #10
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    MRBEAVER wrote: »
    Did it a few times myself. If you think that there is a chance that your landlord is one of the many who do not return deposits then withold your last months rent and tell the landlord to take it from your deposit. He won't like it as he will be prevented from ripping you off but not much he can do.

    They could take a case to the PRTB and they would win. Also in a lot of student leases they require a parent to go as guarantor so the landlord could pursue that. Finally they could sue you independently for breach of contract. Big legal difference between rent and deposit.


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    #11
    meglome
    Registered Users Posts: 7,980 ✭✭✭meglome


    Bob Z wrote: »
    You might be in the wrong but I would do the same if I didnt trust the landlord

    I had the agent of my last landlord on making sure I paid the last month's rent. Then the landlord turned around and refused to give the deposit back for no real reason. I'll be in the PRTB eventually.


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    #12
    MRBEAVER
    Closed Accounts Posts: 206 ✭✭MRBEAVER


    meglome wrote: »
    I had the agent of my last landlord on making sure I paid the last month's rent. Then the landlord turned around and refused to give the deposit back for no real reason. I'll be in the PRTB eventually.

    was there a stain on the carpet?


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    #13
    meglome
    Registered Users Posts: 7,980 ✭✭✭meglome


    MRBEAVER wrote: »
    was there a stain on the carpet?

    Nope the wooden floors didn't have a mark on them. It seemed to me that she felt the money was hers and had no need to give it back.


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    #14
    evolutionqy7
    Registered Users Posts: 6,277 ✭✭✭evolutionqy7


    meglome wrote: »
    Nope the wooden floors didn't have a mark on them. It seemed to me that she felt the money was hers and had no need to give it back.

    well thats the reason i dont wanna give it to her :D


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    #15
    Zamboni
    Registered Users Posts: 4,305 ✭✭✭Zamboni


    evolutionqy7 wrote: »
    well thats the reason i dont wanna give it to her :D

    Are you saying that you have damaged the rental accomodation and want to ensure that you do not have to pay for the damage?


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    #16
    MRBEAVER
    Closed Accounts Posts: 206 ✭✭MRBEAVER


    Zamboni wrote: »
    Are you saying that you have damaged the rental accomodation and want to ensure that you do not have to pay for the damage?
    That's not what he's saying. some landlords have a policy of non return of deposits even though there is no damage. Some will find something minor like a stain on the carpet that might have been there for years as an excuse but most won't. bother.


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    #17
    Zamboni
    Registered Users Posts: 4,305 ✭✭✭Zamboni


    Ah fair enough.
    I read it that there was some damage and this was a way out of getting stung at the end of the lease.


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    #18
    evolutionqy7
    Registered Users Posts: 6,277 ✭✭✭evolutionqy7


    Zamboni wrote: »
    Ah fair enough.
    I read it that there was some damage and this was a way out of getting stung at the end of the lease.

    nope nothing broken :D or stained :D its wooden floors too :D


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    #19
    evolutionqy7
    Registered Users Posts: 6,277 ✭✭✭evolutionqy7


    meh i just paid the last months rent...willl smash the windows if she doesnt give the deposit back :D


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    #20
    gimme5minutes
    Registered Users Posts: 387 ✭✭gimme5minutes


    athtrasna wrote: »
    They could take a case to the PRTB and they would win. Also in a lot of student leases they require a parent to go as guarantor so the landlord could pursue that. Finally they could sue you independently for breach of contract. Big legal difference between rent and deposit.

    They are not going to be suing anyone because they are not losing out on any money. The deposit covers the last months rent so they are not out of pocket. It is a pointless exercise to take PRTB case when you are not even owed any money. That's why alot of tenants these days, myself included, have a policy of using the deposit as the last months rent.

    There have always been problems with getting deposits back off landlords but it has gotten way worse since the recession. Now, even decent honest people who in the past would have given the deposit back no questions asked may withhold it because they have spent it and have no cash to give the tenant, they are stone broke and need the money, etc....

    I know a good few people who have got stung and you only have to do a search of this forum for the word deposit to see how common it is for landlords to keep a deposit for no reason. Don't be a sucker and get stung, use your deposit as your last months rent.


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