Advice

redstarmark

Hi I am looking for some advice.
When we moved into our apartment last year...within three weeks we got a complaint for the management saying that we are making too much noise from doors banging and the washing machine on after 10pm(its half price night saver after 10pm) also coming in from the pub during the weekend. She said if there are anymore complaints we will get a 100 euro fine, so I was like yea right how can they enforce that?! So since our first complaint we tried our best to be quiet afraid that we would get more complaints, essentially we felt that we had to live like mice, afraid to watch a movie after ten atc...it was miserable. In the whole year living there we wouldn't have more than two guests over!
Anyways a couple of month later towards the end of our lease we received another complaint and a subsequent fine of 100euro in the post for having a party making boisterous noise! The complaint was because my good friend and I went to the pub on a Friday night(he was emigrating two days later) and we arrived back at 3am as you do, had a beer and a chat before going to sleep.

So finally I just handed the keys over the other day and the agent for my landlord said she will be taking the 100 euro from our deposit!!
There was no mention of this in the contract, I feel that it is a breach.
So what do I do??
Do I go to small claims? Its not about the hundred euro its more about my good name, we looked after that apartment very well...it was spotless when we moved out.

And the funny thing is that really gets me is the woman(who sent me the fine) that is the representative of the management in the complex lives there and she has a cat which is stated in the "Rules"...no pets allowed.

Plus also the fact that we never once complained about the other tenants around the complex that had parties all the time.

ztoical

The LL is within their rights to take the fine from your deposit if you haven't paid it already...it is an outstanding bill related to the property. Your obligations as a tenant include not being a public nussiance which covers noise complaints and would have been grounds for them to end the lease if your weren't already moving out.

Duckjob

ztoical wrote: »

The LL is within their rights to take the fine from your deposit if you haven't paid it already...it is an outstanding bill related to the property. Your obligations as a tenant include not being a public nussiance which covers noise complaints and would have been grounds for them to end the lease if your weren't already moving out.

Wrong. The tenants deposit is for covering material damage to the landlords property or property contents ONLY. The landlord/agent have no right to withhold it for any other purpose. Unless the tenant has explicitly agreed to it in the lease agreement, the landlord/agent has no-right to glibly pass "fines" from the mgt co on to the tenant.

"Noise" is subjective. It may be the case of the OP creating unsociable amounts of noise. Equally, it could be a case of paper-thin walls and no sound insulation common to sh*t-box appartment blocks thown up in boom-tiime, and a neighbour who doesn't recognise it's the buildings fault they can hear their neighbours.

The issue in the 1st instance should be between the landlord and the mgt co. Depends on whats written into that lease I suppose, but I would think it crazy if the Management Co could just issue a fines on foot of just receiving a complaint. Wouldn't they first need some documentary evidence of the alleged anti-social behaviour ?

ztoical

Duckjob wrote: »

Wrong. Deposit is for covering damage to the landlords property only, Unless the tenant has explicitly agreed to it in the lease agreement, the landlord/agent has no-right to glibly pass "fines" from the mgt co on to the tenant.

"Noise" is subjective. It may be the case of the OP creating unsociable amounts of noise. Equally, it could be a case of paper-thin walls and no sound insulation common to sh*t-box appartment blocks thown up in boom-tiime, and a neighbour who doesn't recognise it's the buildings fault they can hear their neighbours.

The issue in the 1st instance should be between the landlord and the mgt co. I would have thought the Management Co would have no business issuing fines on foot of just receiving a complaint. Surely they would first need some documentary evidence of the alleged anti-social behaviour ?

A deposit is to cover damage and any outstanding bills related to the property. If the tenant want to fight the fine that's a different story.

Duckjob

ztoical wrote: »

A deposit is to cover damage and any outstanding bills related to the property. If the tenant want to fight the fine that's a different story.

http://www.threshold.ie/page.asp?menu=70&page=240

Deposits

The landlord must return promptly any deposit paid by the tenant. The deposit may be retained or deductions made where there are 1) rent arrears or 2) costs incurred to repair damage above normal wear and tear. Advertising or reletting costs are not normally valid reasons for withholding a deposit. It is illegal for a landlord to hold tenant's goods in lieu of money owed. A tenant risks losing their deposit if they break a lease without grounds in the lease or Residential Tenancies Act.