Landlord trying to keep my deposit, please advice..

keelan08

Im having such problems with my landlord and was just wondering if anyone could help/advice me..
I just gave him notice for the end of the month he's now trying to say that when i moved in i never gave him the month in advance and the deposit.
He acknowledges i gave him one of 900 which he is saying was the deposit but says i never gave him a month in advance and that i now owe him another months rent,
When i moved in i gave him 1800 euro's in front of my mam and his work college and we all signed the lease to confirm this but now he is saying that he doesnt remember getting it and that he will check his account to see if he lodged that much money.
I was nearly crying talking to him and told him i have a record of me taking it out of my bank account and he just said he'd check his account and get back to me.
I am now so worried because i am a single parent and if he doesnt give my deposit back i can not move and i cant afford to keep paying the high rent on this house any longer, does anyone know if i have any come back or is it his word against mine. please advice me what to do.. Thanks

RedXIV

keelan08 wrote: »

Im having such problems with my landlord and was just wondering if anyone could help/advice me..
I just gave him notice for the end of the month he's now trying to say that when i moved in i never gave him the month in advance and the deposit.
He acknowledges i gave him one of 900 which he is saying was the deposit but says i never gave him a month in advance and that i now owe him another months rent,
When i moved in i gave him 1800 euro's in front of my mam and his work college and we all signed the lease to confirm this but now he is saying that he doesnt remember getting it and that he will check his account to see if he lodged that much money.
I was nearly crying talking to him and told him i have a record of me taking it out of my bank account and he just said he'd check his account and get back to me.
I am now so worried because i am a single parent and if he doesnt give my deposit back i can not move and i cant afford to keep paying the high rent on this house any longer, does anyone know if i have any come back or is it his word against mine. please advice me what to do.. Thanks

This is what matters, hard to see how he'd have a case against you with that. you have a copy of this I assume?

keelan08

yes but its trcky because he put beside deposit part(not paid yet) because i was hoping community welfare officer would help me out with the deposit so i needed him to say it hadnt been paid yet. cwo did not give me any help with it though and i never thought to get a new lease from landlord to say i had paid him in full.
I just trusted him and thought he'd be ok when i was getting deposit back.

gurramok

Ok, you have record of the money transferred to his bank account. He is talking sh1t then. Bank records of transactions took place. Contact threshold and PRTB, you have your rights.

You have a lease, assume you have a copy of said lease?

If you do not have a copy of the lease, you signed a 1 yr lease. By law you can give a months notice to leave and get your deposit back.


Ring Threshold and the PRTB, you have a case not to be messed about.

edellc

firstly get in touch with threshold if you cant get through to the dublin office ring cork or galway
http://www.threshold.ie/
tell them what is going on they can advise and contact LL on your behalf
if this fails (it shouldnt but just in case)
you can get in touch with the PRTB - file a claim against him for non return of deposit
http://www.prtb.ie/
If he refuses to give you your deposit then go do the above but also go round to CWO and tell them what is going on as they didnt give you a deposit first time they will know that you had to pay it so may help you with having to move

Also have you paid the rent for this month?? if not then if it where me i wouldnt be giving it to him i know this doesnt help much as you still need a months rent and months deposit for a new place and you will only have one of these but it is better than nothing at all and CWO should help you out unless they at some point have given you a deposit before????

keep us posted on what threshold do for you and try not worry too much even when you have given notice its difficult to actually evict you

keelan08

Thank you for all your replys, i will get on to threshold first thing monday morning, and i know it was stupid but i didnt put it in to his account i handed the cash to him in the the house when we were signing lease. i never thought someone would try this. I have a record to show i withdrew it from my account that day but cant prove i gave it all to him.


There were two witnesses though his collegue and my mam were there when i handed it to him and he counted it out in front of us all and then we all signed the lease, im just so afraid because he is a guard and im afraid it will be my word against his and he will be belived..

Also i had already paid this months rent yesterday and it has always been paid up to date, but today he is trying to say that i still owe him another month because i never paid it a month in advance(which i did) but he's saying he'l hold my deposit if i dont pay him another month before i leave.

edellc

keelan08 wrote: »

Also i had already paid this months rent yesterday and it has always been paid up to date, but today he is trying to say that i still owe him another month because i never paid it a month in advance(which i did) but he's saying he'l hold my deposit if i dont pay him another month before i leave.

you have your bank accounts to prove you withdrew the money realistically what seems rational you withdrew 1800 and only gave him half??
that doesnt make sense and if doesnt make sense then its normally not true
he sounds like he is just being a bully dont mind him he hasnt a leg to stand on report him on monday he has no right to demand more money when you can prove you paid it and no right to withhold your deposit

gurramok

Ok, cash in hand. You have witnesses, make sure you contact them that they back you up. Have you got a copy of that lease?

You say, " i had already paid this months rent yesterday and it has always been paid up to date"...tell me you are paying this by bank transfer/standing order/direct debit??

Never pay anything by cash in the renting world, a bank trail is very important.

keelan08

gurramok wrote: »

Ok, cash in hand. You have witnesses, make sure you contact them that they back you up. Have you got a copy of that lease?

You say, " i had already paid this months rent yesterday and it has always been paid up to date"...tell me you are paying this by bank transfer/standing order/direct debit??

Never pay anything by cash in the renting world, a bank trail is very important.

yes i have a copy of that lease but it does show deposit unpaid for cwo purposes but i had actually paid it to landlord..

And yes from the moment the rent was due after the month in advance was paid i have paid it through direct debit iin my bank.

gurramok

keelan08 wrote: »

yes i have a copy of that lease but it does show deposit unpaid for cwo purposes but i had actually paid it to landlord..

And yes from the moment the rent was due after the month in advance was paid i have paid it through direct debit iin my bank.

CWO - to me thats an official receipt of amounts involved to the LL. You have copy of the lease and a bank trail through a direct debit. To me the LL does not have a leg to stand on. Always quote Threshold and the PRTB in correspondence when dealing with your LL.

Your LL should be PTRB registered too, that is your tenancy should be registered with him.

edellc

keelan08 wrote: »

yes i have a copy of that lease but it does show deposit unpaid for cwo purposes but i had actually paid it to landlord..

makes no difference you have a record of you taking money out of your account and you have witnesses
ring threshold on monday

gurramok

And if needs be call into Thresholds premises personally on Monday as they are not great at answering the phones.

At the end of the day you have a copy of the lease where it says the deposit is owed to you(also with witnesses) and backup with Threshold & the PRTB as you kept within the law by paying your rent.

keelan08

Thanks everyone for all your advice, i will defo be on to prtb and threshold on monday, i just cant believe i've been so stupid as to pay in cash and not get proper receipt from landlord, after renting for 6 years i have never had any problems with any other landlords though so i didnt think i would find myself in this situation.


Also if anyone can offer advice he rang me and asked was i moving out next month when lease was up and i said yes so he started advertising my house and shown it to people immediately, i never gave written notice though so am now a bit worried he'l try say i didnt give him notice or something like that, should i do it now or is it a bit late now.

gurramok

keelan08 wrote: »

Thanks everyone for all your advice, i will defo be on to prtb and threshold on monday, i just cant believe i've been so stupid as to pay in cash and not get proper receipt from landlord, after renting for 6 years i have never had any problems with any other landlords though so i didnt think i would find myself in this situation.


Also if anyone can offer advice he rang me and asked was i moving out next month when lease was up and i said yes so he started advertising my house and shown it to people immediately, i never gave written notice though so am now a bit worried he'l try say i didnt give him notice or something like that, should i do it now or is it a bit late now.

Check you lease on those arrangements. Usually its 24hr for notice on viewings. He cannot show anyone around without your consent, its your home until the lease is up.

edellc

do it now and put in it "as per our telephone conversation (or verbal conversation) on whatever date this is to confirm that i am providing you with one months notice from whatever date"
that way you are stating that you gave notice and when you did it and he has no come back also make sure that he doesnt let ppl view the place with out prior approval from you regarding times and dates

keelan08

edellc wrote: »

do it now and put in it "as per our telephone conversation (or verbal conversation) on whatever date this is to confirm that i am providing you with one months notice from whatever date"
that way you are stating that you gave notice and when you did it and he has no come back also make sure that he doesnt let ppl view the place with out prior approval from you regarding times and dates

ok will do it tomorrow, thanks again for all your advice