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Ways of guaranteeing you will get your deposit back?

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  • 14-03-2011 5:24pm
    #1
    Closed Accounts Posts: 894 ✭✭✭


    HI guys,

    advice needed. OK so, Ive been living at this house for 3 years. I am the longest living here and in the 3 years Ive been here I have seen the landlord screw previous tenants on part of their deposits for stupid reasons such as the bedroom walls need painting. :rolleyes: Im thinking of moving out & in a time of economic hardship I am determined to get all of my deposit back. The room is in the exact condition I found it in the day I moved it.

    So I was thinking of withholding my last months rent to ensure I wont be ripped off.

    There is no lease of any kind & im not even sure if my landlord is registered with the PRTB. So what are my rights etc with doing this?

    I might add that Ive never once payed my rent late in the 3 yrs Ive been here, I just want to ensure I leave with whats rightfully mine.

    any advice, suggestions, tips welcome. thanks!


Comments

  • Closed Accounts Posts: 1,787 ✭✭✭edellc


    they are all going to post that withholding the last months rent is illegal and the LL can come after you via PRTB and yes they are right HOWEVER I have had LL's like you and on two occasions I have kept my last months rent when the lease was up as I know the PRTB can go after the LL but cannot legally make them give you your deposit back just suggest that they do and realistically have you or anyone on here ever heard of a LL bringing a tenant to court regarding rent payments cause I havent I see it on Judge Judy :D but this is Ireland and not America and we really dont have the property laws and regulations when it come to private rental accommodation
    so if it where me I'd screw him before letting him screw me :D


  • Closed Accounts Posts: 894 ✭✭✭filmbuffboy


    thanks dude, ill jst keep my last months rent minus any bills i owe. its a dog eat dog world out there. im not having him tell me the walls need painting or some bull like that when ive been living there 3 years and its general wear and tear.

    the reason i asked in the first place was cause there is no lease and im pretty sure he isnt registered with prtb so i dont think there is any legal precedence for him to pursue anyways.

    i wasnt asking with the intent of screwing him over, just want to protect myself as ive seen him screw others in the past!


  • Closed Accounts Posts: 1,787 ✭✭✭edellc


    oh i know you where not looking to screw LL over i never wanted to either but as you say its a dog eat dog world
    good look with your move to your new digs


  • Registered Users Posts: 5,864 ✭✭✭daheff


    I'd suggest you at least have the courtesy to tell him in advance that you will not pay your last months rent -and when u move out he can discuss any deposit issues

    u never know as you are there longest he might not screw you


  • Banned (with Prison Access) Posts: 2,202 ✭✭✭Rabidlamb


    OP, I rented for 14 years, countless places from 1990 to 2004, & only once got a deposit back.
    The honest reason most of them withhold it is they don't have it but don't want to admit that.
    I remember scrubbing a house for 2 days once & the landlord still withheld my deposit due to there being damp on the sitting room ceiling caused by a leak from the shower tray above.

    Anyway, when I needed a bed base, TV stand & locker for the new gaff guess who contributed anonymously.
    Dog eat dog indeed.


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  • Closed Accounts Posts: 894 ✭✭✭filmbuffboy


    Rabidlamb wrote: »
    OP, I rented for 14 years, countless places from 1990 to 2004, & only once got a deposit back.
    The honest reason most of them withhold it is they don't have it but don't want to admit that.
    I remember scrubbing a house for 2 days once & the landlord still withheld my deposit due to there being damp on the sitting room ceiling caused by a leak from the shower tray above.

    Anyway, when I needed a bed base, TV stand & locker for the new gaff guess who contributed anonymously.
    Dog eat dog indeed.

    Yeah, it really is every man for himself these days. the day i move out im going to make sure all bills are taken care of but ive been here three years and have never known any of my previous 4 flatmates to get their deposit back.

    sigh. why do landlords have to be such as******! im playing the euromillions on friday, mabye ill get lucky and wont ever have to deal with that crap again :p


  • Closed Accounts Posts: 237 ✭✭djmcr


    Yeah, it really is every man for himself these days. the day i move out im going to make sure all bills are taken care of but ive been here three years and have never known any of my previous 4 flatmates to get their deposit back.

    sigh. why do landlords have to be such as******! im playing the euromillions on friday, mabye ill get lucky and wont ever have to deal with that crap again :p

    If you win become a landlord yourself and undo all the wrongs that were done unto others;)


  • Registered Users Posts: 27,322 ✭✭✭✭super_furry


    The only way to ensure you don't get ripped off is not to pay your final months rent and tell them to keep the deposit. After three years he's certainly spent it and like most Irish landlords, will try to screw you over so he doesn't have to pay you back.


  • Registered Users Posts: 1,505 ✭✭✭nevaeh-2die-4


    just got ****.ed out of mine, junkie living next door, i could smell his gear in our house he was smoking it every day,

    i didnt want to subject my kids to it so i left, gave the landlord 3 weeks notice and he wont give me back my money, i know i didnt give the full month but i feel under those circumstances i should have got it back...


  • Registered Users Posts: 580 ✭✭✭regress


    Witheld last months rent last few times I rented. Landlord will grumble but not much he can do. Only way to stop them screwing you to be honest.


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  • Registered Users Posts: 6,687 ✭✭✭tHE vAGGABOND


    Important to take inventory of a new place when you move on and take some photos of rooms and key areas [with the auto date thing on photos] - so they cant complain about damage which could have been there before [but you cant remember for sure, and dont have proof, and therefore cant prove anything]


  • Registered Users Posts: 3,997 ✭✭✭3DataModem


    As a Landlord AND a Tenant, I don't generally advocate withholding rent in lieu of deposit.

    However - in this case you believe your landlord has defrauded other tenants of their deposit in the past.

    Trust your own moral compass. Your lease says one thing, common sense says another.


  • Registered Users Posts: 2,380 ✭✭✭pooch90


    Important to take inventory of a new place when you move on and take some photos of rooms and key areas [with the auto date thing on photos] - so they cant complain about damage which could have been there before [but you cant remember for sure, and dont have proof, and therefore cant prove anything]

    Having a date stamp from camera on photo isn't sufficient and will not stand up. These are very easy to fiddle with. You must take photos and have both parties sign and date them. Threshold info.


  • Registered Users Posts: 1,909 ✭✭✭Agent J


    pooch90 wrote: »
    Having a date stamp from camera on photo isn't sufficient and will not stand up. These are very easy to fiddle with. You must take photos and have both parties sign and date them. Threshold info.

    Disagree. Threshold are going way above to cover everything.

    Ive gone through a PRTB hearing with Undated/unsigned photos and it wasnt even commented on. Take photos as you leave the place.

    Personally id go by the book. Always have as a tenant. Only once had a major issue with getting a deposit back. I took him through PRTB (Which took forever) but got it back.

    Are you going to need a reference from this place?
    Do you currently claim tax back for the rent?
    Are you registered with the PRTB at the moment?

    If the landlord isnt above board with Tax and PRTB then i would use those as a lever if they try to unreasonably without the deposit.


  • Registered Users Posts: 10,673 ✭✭✭✭senordingdong


    Have to suggest you go ahead with this, my previous LL is just after screwing me out of my deposit for the most bull**** reasons.


  • Registered Users Posts: 2,380 ✭✭✭pooch90


    Agent J wrote: »
    Disagree. Threshold are going way above to cover everything.

    Ive gone through a PRTB hearing with Undated/unsigned photos and it wasnt even commented on. Take photos as you leave the place.

    Just because they weren't disputed doesn't mean anything. You should get them signed to cover your ass. If there was ever an issue and it was brought to small claims court unsigned photos will not be worth anything.


  • Registered Users Posts: 1,909 ✭✭✭Agent J


    pooch90 wrote: »
    Just because they weren't disputed doesn't mean anything. You should get them signed to cover your ass. If there was ever an issue and it was brought to small claims court unsigned photos will not be worth anything.

    Yes it does. I went through a full PRTB abritration service and didnt have boo said about it.

    Small claims court do not cover normal renting disputes. That what PRTB is there for.


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