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Landlord has finally got to me

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  • 03-06-2010 2:54pm
    #1
    Banned (with Prison Access) Posts: 4,006 ✭✭✭


    I moved in to a small apartment this time last year. 1 bedroom and kitchen/living area. Bedsit really but in a nice area. Anyway I paid my 650 euros rent each month well on time. A few times during the course of the year, there were problems like no electricity, no hot water, no net connection but all fixed. Also landlord promised a tv but on arrival no tv to be seen, ok as I had my own. Two cheap looking wooden chairs there, the first one broke within a week, he replaced it, the second and the replacement broke within a month ( I am normal weight by the way :pac: - 13 stone). It looked like he got all the chairs in the 2 euro shop. Anyway in kitchen/living area there was a large green carpet which over the course of the year picked up some dust/stains etc. All in all though I left the place in better shape than how I got it, the bathroom wasn't clean when I arrived, on leaving it was. I also cleaned up the rest of the apartment and even supplied a new wooden chair for one that was unfixable and fixed the other one as best I could. I am a fairly laidback guy and don't complain or moan a lot. When the wooden chairs broke in the first month, I didn't really care as I didn't really use them and didn't want to bother him again after asking already for a replacement. Anyway relations between us were fine during the course of the year. I paid my rent on time always deposited into his account and other than that we had hardly any contact. After cleaning up the place to a level that was much better than how I got it I fully expected my 650 deposit back.

    Today, a whole two weeks after I left he sent me a cheque for 520 euros.
    The loss of 130 euros is not the key issue for me, I am concerned by the notion that this smug charmless prick thinks he can take advantage of my good nature. Whenever we did have to meet during the year he would always be late and make me hang around waiting for him, arriving in his yellow classic convertible car. I had an inkling he was a bit of a tosser from the way he acted and spoke condescendingly but I gave him the benefit of the doubt up to now. Anyway he has deducted 60 euros for two new chairs ( supposedly the one I provide doesn't match and other one wasn't fixed well enough). I can't believe he is charging me this when his chairs are the worst types I've ever seen and the contract says I can replace stuff if its broken which I did with a much better quality chair by the way. No receipts provided either and I'm sure being the tightarse tosser he is he's got his usual 2 euro shop chairs in there. The other 70 euros is for cleaning the carpet (no receipt again) which yes needed to be cleaned as I lived for a year in a tiny kitchen/living area place but shouldn't that fall under wear and tear. Also he never informed me he was making these deductions until the cheque arrived and never offered me the chance to do something about this stuff.

    Now again I am not too bothered about the 130 euros, what I am bothered about is this mercenary basically saying to himself "this tenant will let me rape him financially as much as I want and not put up a fight". I am generally laidback but am considering kicking off about this deduction with him. He is banking on me as being unfussy, meek and apathetic as I was about everything during the course of the year. Should I do that and if so what is the best way to go about it?


Comments

  • Registered Users Posts: 17,324 ✭✭✭✭Cathmandooo


    Your best bet is to ring up the prtb www.prtb.ie and open up a case against him.

    He'll need receipts for any of those costs or it probably won't be allowed and he'll be made pay you back in full.

    Did you happen to take any photos of the place when you moved in and be able to compare them to the day you moved out?


  • Banned (with Prison Access) Posts: 4,006 ✭✭✭donfers


    no photos, I didn't think there would be any problem, I have never had a deposit not returned in full before...I should have known better


  • Registered Users Posts: 7,879 ✭✭✭D3PO


    look in fairness you have admitted to breaking the two chairs. So I think its reasonable enough for him to deduct for replacements.

    your entitled to see the reciepts for the replacement chairs however but I dont think the landlord is being over the top here.


  • Registered Users Posts: 1,419 ✭✭✭Cool Mo D


    Just because you broke something, doesn't mean you owe the landlord money.

    The landlord is responsible for normal wear and tear. Things do break under normal wear and tear, and it is the landlords responsibility if that happens.


  • Banned (with Prison Access) Posts: 4,006 ✭✭✭donfers


    D3PO wrote: »
    look in fairness you have admitted to breaking the two chairs. So I think its reasonable enough for him to deduct for replacements.

    your entitled to see the reciepts for the replacement chairs however but I dont think the landlord is being over the top here.

    If being of normal weight and sitting on the chairs = breaking them then yes I'm guilty but

    a) the chairs were the worst quality I've ever seen

    b) unless I am having a riot in the flat and banging them against walls surely the fact that they broke so easily and without any fault on my part should mean their sad loss should be filed under wear and tear

    ....i hate moaning about little things like this but this guy just strikes me as the type who tries to strangle and squeeze every penny out of you hoping you won't fight back, in my view he's snake who has made an awful lot of money taking advantage of the good non-complaining nature of many of his tenants


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  • Registered Users Posts: 7,879 ✭✭✭D3PO


    the problem is a broken chair isnt what I would consider "wear and tear" not like a worn patch on a carpet from wamlking on it or a leaking sink etc.

    now I can imagine how bad these chairs might have been, the problem is if you went and disputed with the PRTB for example the burden of proof is on you. You have to prove it was the quality of chair and not your use of it.

    Im just saying its unlikely you would win such an dispute.


  • Registered Users Posts: 7,879 ✭✭✭D3PO


    Cool Mo D wrote: »
    Things do break under normal wear and tear, and it is the landlords responsibility if that happens.

    well you see thats something that could be debated as "wear and tear" as with everytinng to do with renting in this country isnt clearly defined.


  • Registered Users Posts: 7,879 ✭✭✭D3PO


    donfers wrote: »
    ....i hate moaning about little things like this but this guy just strikes me as the type who tries to strangle and squeeze every penny out of you hoping you won't fight back, in my view he's snake who has made an awful lot of money taking advantage of the good non-complaining nature of many of his tenants

    your probably right but you still have to realise that this is stacked in his favour. Im not saying its fair Im just saying thats how it is.


  • Banned (with Prison Access) Posts: 4,006 ✭✭✭donfers


    well anyway contract says I can replace stuff too and he didn't let me do that, also I provided new chair and his argument was it doesn't match, also carpet situation definitely falls under wear and tear as the carpet was in the kitchen for gods sake....the more I think about it, the more angry I get, I can't believe the cheek of this guy, I never once did anything to damage the property, never once was late in my payment, paid my deposit in full before moving in and didn't cause him an ounce of discomfort and he goes making an issue over buying two new chairs and the carpet

    (of which I provided one new chair and the other one I fixed myself, it has a slight crack in one leg but nothing too bad)

    the very least I'm going to do is to get the receipts off him and tell him I am considering going to the prtb, we'll see what he has to say...I am fairly confident the new chairs he says he got weren't 30 euros each and I can't wait to see his response about providing the receipts


  • Registered Users Posts: 458 ✭✭REXER


    Simple, sue him for the injuries recieved when the sub standard chair broke. That will rattle his cage!


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  • Registered Users Posts: 4,929 ✭✭✭Raiser


    Never pay the last instalment of rent if you are concerned about Landlord defrauding you of deposit!


  • Registered Users Posts: 32,634 ✭✭✭✭Graces7


    Raiser wrote: »
    Never pay the last instalment of rent if you are concerned about Landlord defrauding you of deposit!


    The problem with that is that he can take a complaint against you with the PTRB if you withhold rent.


  • Closed Accounts Posts: 925 ✭✭✭billybigunz


    Graces7 wrote: »
    The problem with that is that he can take a complaint against you with the PTRB if you withhold rent.
    haha, the possibilities of that ever working out for the landlord are slim.


  • Registered Users Posts: 23 Funny Feeling


    Hey if you want to join my facebook group to change the way deposits are held in Ireland please do. The group name is: Stop Irish Landlords Unfairly Withholding Deposits

    Threshold are trying to get the law changed and need people to write to their local TD's, which is what I am going to do within the next few weeks. I am sick of landlords getting away with doing what they want because tenants give for an easy life, as they generally don't want the hassle. Landlords take advantage of people who are young and renting through intimidation and with a brass neck to charge what they want for so called damage that often does not exist.

    Renting is already expensive enough and most tenants need their deposit back so they return the property in good condition. I think that some landlords feel they have the right to keep the deposit and never have any intention of giving back the money.
    :
    http://www.threshold.ie/page.asp?menu=102&page=301


  • Closed Accounts Posts: 12 beading


    You must call to thresholds ( http://www.threshold.ie/page.asp?menu=76&page=168 ) , They can give You good advice ;)
    http://www.threshold.ie/page.asp?menu=102&page=267


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