Will I get my deposit back?

davidlee

Hi guys, I need help on his one

I moved into this place a year ago. when i moved in,I paid my deposit to the person who was moving out. I was also told that the only way for me to get my deposit back would be to get my own replacement for my room. As the tenants explained that the landload rented out the house as a unit years ago.He doesn't care who lives in there as long as he receives the full amount for rent( i was new to this country, didn't really know the process, and no lease was signed)

The condition of the house isn't great. particularly the insulation as the house doesn't have an Energy efficiency rating and some of radiators dont even work. We asked landload to fix it, What he did was he turned down some radiators and turned up the weaker ones as he explained some the them don't even need to be that hot. I was speechless.This is just one example. He hasnt carried out any repair in anything in the house. My housemates were not happy about what he did and one of them decided to move out. The roommate was told by my landload that unless she gets the replacement for her room otherwise she is not going to get her deposit back. If she couldnt get anyone in then it would be up to the rest of the tenants to either cover her rent or get someone in. we were furious and all have decided to move out in Feb

Given the history of how the landload treats us, some housemates reckon that the landload would let us cover all the damages that have occured over the past 5 years.(i have been living there for 12 month,one is 4years,other two are 6months and 8 months respectively, a lot stuffs didnt even work when i moved in and landload never bothered fix them). So other think that we shouldn't pay the last month rent and should use the deposit against the last month rent.

nightmare scenario. I dont really know what my best option here.
any advice would be hugely appreciated

the_syco

Unless you show the landlord a lease that shows that you paid her a deposit, or a lease that shows the person who you paid the deposit to paid her the deposit, she most likely won't give you the deposit, as I fear she'll say that you never gave her a deposit.

Check through a few threads. I remember something like this (tenant giving previous tenant the deposit) happening a while back.

thenightrider

I was renting a place before and i was tol i woul not be geting back my deposit before the landlady even seen the place so i just told her i would not be paying the last months rent as there was nothing wrong with the place.

Giblet

You haven't got a lease? I'd think about leaving as soon as possible, you will not get your deposit back. The landlord has a lease which needs all signed tenants to give their required notice and transfer the lease, if this hasn't been done, there is a massive problem legally with getting your deposits back as the terms could still be active for the original tenants. Now, because you're not on the lease, and they are, they are responsible for the original deposit and you should think about leaving and not giving another penny. The landlord tried to screw the tenants by not assigning the lease, and it leaves him open to this "abuse" as you aren't actually on the lease at all.

This happened to me, except I was on the original lease, and my housemate wasn't. She ran, nothing could be done as she was never on the lease, and I got screwed for the deposit. I'd imagine the original tenants in your case got their deposits a long time ago.

Your landlord didn't keep his house in order (regarding the lease).
This is what can happen.
Leave and your landlord will get to keep the deposit, covering his rent for that period.
I'd work together on this with your other tenants.

davidlee

thanks guys for the advice.
None of us signed anything when we moved in, Nor did we receive any form of confirmation that we paid our rent to the people who were moving out. See the landlord hasn't even met some of tenants ,and they have been living there for over 6 months now.

We called landlord a couple days ago,told him that it would be unfair to us to cover all the damages that have occured in house over the past 5 years.He said that somebody has to cover it..( since he rented out 5 years ago, there was only one lease signed by the initially group of tenants who took the place).

We asked him to come over and inspect the house before we leave,So that we can point out what needs to be repaired in the house, what is the fair amount of deposit that he should keep etc.. he refused, reason being was he is too busy and wants to do a full inspection after we all moved out.

So should i pay the last month rent or should i use my deposit against the rent? If we didnt pay the last month rent, can he sue us?(no lease was signed)
thanks guys for the advice.
None of us signed anything when we moved in, Nor did we receive any form of confirmation that we paid our rent to the people who were moving out. See the landlord hasn't even met some of tenants ,and they have been living there for over 6 months now.

We called landlord a couple days ago,told him that it would be unfair to us to cover all the damages that have occured in house over the past 5 years.He said that somebody has to cover it..( since he rented out 5 years ago, there was only one lease signed by the initially group of tenants who took the place).

We asked him to come over and inspect the house before we leave,So that we can point out what needs to be repaired in the house, what is the fair amount of deposit that he should keep etc.. he refused, reason being was he is too busy and wants to do a full inspection after we all moved out.

So should i pay the last month rent or should i use my deposit against the rent? If we didnt pay the last month rent, can he sue us?(no lease was signed)

To Giblet: thanks for the suggestion, we are indeed work together on this one,hopefully things wouldnt get nasty.

gimme5minutes

Just dont pay the last months rent. Thats what I did in the last two places I rented. And I left both places in as good or better condition than they were when I moved into them. I just wasnt prepared to take a chance on getting screwed on the deposit as it seems a high % of LLs are stealing deposits these days. And I am glad that I used the deposit as the last months rent as after I moved out of the last place the LL had the cheek to complain and look for money because -

1) the microwave wasnt working, eh, it was broken when I moved in
2) he said he would need to hire a cleaner in, basically cause of some damp issues. Firstly he wouldve had no right to withold a % of my deposit for cleaning, and second, its not my fault that the place has a damp problem.

Just dont pay the last months rent, he can do absolutely nothing about it, even if he had a lease with you, which he doesnt. The law is very much in the tenants favour these days, probably too much, as some people are abusing it now. For example, you could all just decide to stop paying rent and keep living there and he could do jack **** about it, until a year or two down the line when a court orders your eviction. If he evicted you himself in the meantime you be in line for thousands of euro compensation. So dont take any crap off him, tell him you are using the deposit as the last months rent and if he doesnt like that would he prefer if you just decided to live there without paying rent until a court eventually chucks you out?

Giblet

He is 100% trying to pull a fast one, you aren't even registered to the PTRB either. Get out of there OP. He doesn't even know who some of his tenants are!

This is a totally dodgy situation and there is nothing the landlord can do if you left. He could actually be putting himself in danger if he decided to chase you, as none of you are registered.

davidlee

Thanks for all the replys and suggestions.
If the landlord is trying to pull a fast one here then using the deposit as the last months rent might be the better option here.

Hopefully things wouldnt get too ugly.Dont really want it to end up in the court.
I will keep you updated with what is happening
Cheers

Amalgam

Giblet wrote: »

He is 100% trying to pull a fast one, you aren't even registered to the PTRB either. Get out of there OP. He doesn't even know who some of his tenants are!

This is a totally dodgy situation and there is nothing the landlord can do if you left. He could actually be putting himself in danger if he decided to chase you, as none of you are registered.

???

Why not just make a statement to the PRTB about your situation and where you're living, the PRTB will be delighted to introduce your Landlord to the lovely people at the Revenue Department.

davidlee

just got a call from landload,saying if we dont pay the rent for the last month,he is going to kick us out...

s_carnage

davidlee wrote: »

just got a call from landload,saying if we dont pay the rent for the last month,he is going to kick us out...

Tell him that you are going to contact the PRTB (www.prtb.ie) because it does sound like he hasn't ye registered there and he will also probably get fined for not having an energy rating. Guarantee that should put the $hits up him.

NewDirection

Check the PRTB website to see if he is registered.
If not I'd ring him up to ask him for his RSI number because your filling out your rent relief form for revenue.
This often gets cooperation from anyone not paying tax.

On a side note, I'd still apply to revenue for rent relief once you've left the place, and encourage your housemates to do the same.

Aseth

If none of you signed a lease how is the landlord going to prove you ever rented the place? It would be extremely unfair if you had to pay for damages.

But that's just commonsense, I'm not sure how the law works but I would say that for you to be responsible the landlord will need your name on some documents related to the house ie bills to prove it.

davidlee

I checked on PRTB website,he is registered.
We asked him to come and inspect the house he yet again refused & said it's out of the question. He wants the answer weather we are going to pay the rent or not.

Giblet

Well he can't kick you out. He has to give 14 days non-payment notice, THEN 28 days eviction notice. So you have at least 6 weeks.
Quote that at him and don't tell him if you are paying the rent.

We are where we are

Tenant evictions - Hi. Me and my flatmates have a problem. We have received a letter from a bank telling us that we are to vacate our rented apartment in the next month.

Our landlord, its seems, has had the house repossessed by the banks. Nobody informed of of a single detail of this - and now we face being turfed out of our home at almost no notice.

Anyone else experienced this?

Anyone got any advice?

Thanks . . .