Landlord & Deposit

chickenbutt

I'm moving out of the room I've been renting since mid-January and per the contract I signed upon moving in, I gave the landlord 4 weeks notice (actually a little over 4 weeks). I receive a text back from him 3 days later (he's always very difficult to get a hold of, never answers his phone and rarely comes to the house to check up on it) saying that when I leave, the room should be as I when I moved in and with my key in the door, and that I would receive a cheque in 7-10 days.

My question is, is it standard practice to receive deposits by cheque? Can I request it in cash and in person? My worry is that after talking to a girl that just moved into the house from another house nearby that this landlord also rents out that he was quick to deny a tenant their deposit even though the room was left 'spotless and there was no damage'. I'm worried that unless I can meet the landlord in person and show him the room, he'll just send me a text saying the room is in a shambles (it's not) and deny me my deposit. I do not want to be taken advantage of!

cruizer101

What should happen is that the landlord meets you when you are moving out, inspects room is ok, then you hand over keys and get deposit back in one transaction.

chickenbutt

cruizer101 wrote: »

What should happen is that the landlord meets you when you are moving out, inspects room is ok, then you hand over keys and get deposit back in one transaction.

That's what I thought! I sent him a text saying I prefer cash in hand and that I want to meet him, but I received one back saying basically yes we can meet but only if he's in Ireland and working (what?) and that the account only issues cheques in 10 days, they don't do cash. What am I to say to him? I do not feel comfortable at all with this situation.

the_syco

Take lots of photos, some with the that days newspaper in it. Get tow copies. Give the LL one copy with the key, and tell him you're keeping the other copy. Let him know that you left it clean and tidy, and have photographic proof of it

not even wrong

Rule number one of moving out is never ever never give back the keys without getting your deposit.

yes we can meet but only if he's in Ireland and working (what?) and that the account only issues cheques in 10 days, they don't do cash. What am I to say to him?

Sounds like he's trying it on. Tell him you'll give him the keys back when he gives you the deposit. If he drags his feet use the magic words "PRTB case".

Repaying deposits by cheque is fairly standard though, you may just have to live with the risk of it bouncing.

chickenbutt

Thanks for the replies! I really appreciate it. I do have pictures from when I moved in and now. I sent him a message saying I'm uncomfortable handing over the keys without also receiving the deposit in return and that since I gave so much advance notice that I do not see how it is unreasonable to issue a cheque for then. We'll see what he says now...

odds_on

Rule number one of moving out is never ever never give back the keys without getting your deposit.

If you do not return the keys, you are technically still in occupation and hence you would be liable for further rent.

Sounds like he's trying it on. Tell him you'll give him the keys back when he gives you the deposit. If he drags his feet use the magic words "PRTB case".

As the OP has rented a room only (and sharing other facilities) the tenancy does not have to be registered with the PRTB.

not even wrong

odds_on wrote: »

If you do not return the keys, you are technically still in occupation and hence you would be liable for further rent.

No, if you're not living there you're not in occupation. Nothing technical about it. Have you ever heard of even one single case where a tenant was found liable for further rent because they held onto the keys until their deposit was returned? I didn't think so.

As the OP has rented a room only (and sharing other facilities) the tenancy does not have to be registered with the PRTB.

I'm not talking about a case for failing to register the tenancy, I'm talking about a case for retaining the deposit without justification.

odds_on

not even wrong wrote: »

No, if you're not living there you're not in occupation. Nothing technical about it. Have you ever heard of even one single case where a tenant was found liable for further rent because they held onto the keys until their deposit was returned? I didn't think so.I'm not talking about a case for failing to register the tenancy, I'm talking about a case for retaining the deposit without justification.

So, according to you, when a person (tenant) goes on a month's holidays then they are not liable for the rent as they are not in occupation??

If he drags his feet use the magic words "PRTB case".

In this case the landlord would just laugh at the OP saying "OK, so what? I and this tenancy agreement having nothing to do with the PRTB."

I am trying to give the OP correct advice so that he/she will not be held legally liable for more rent or other costs.

chickenbutt

Ok, here's a thought, if he still sticks to his guns and won't hand over the deposit cheque when I move out and just mails it to me, would it be a decent idea to have him look at the room with me as I move out and have him sign some sort of agreement for the return of the deposit? I have no idea, just spitballin now...

n900guy

chickenbutt wrote: »

Thanks for the replies! I really appreciate it. I do have pictures from when I moved in and now. I sent him a message saying I'm uncomfortable handing over the keys without also receiving the deposit in return and that since I gave so much advance notice that I do not see how it is unreasonable to issue a cheque for then. We'll see what he says now...

Get him to do the inspection with you present. Also, I would give him your IBAN details and request a bank transfer of the amount.

Ideally, you should be meeting him sometime during the last week of your tenancy IMO, doing the inspection and handing over keys, deposit returned all within 24-48hrs of your departure. The end of tenancy and inventory agreement needs to be signed with both of you present. If he is not in the country, then it's up to him to nominate someone who can do this.

hardship

It's reasonable for a landlord to charge a deposit, reasonable for a tenant to keep the place in good condition and reasonable to have the deposit returned at the point where the tenant is leaving.

If there is say 100 Euro worth of damage done (excluding wear and tear), it is also reasonable for the landlord to deduct this from the deposit and pay the balance back to the tenant at the point of leaving.

My own experience (having been a landlord once) is that the tenant removes fittings, stacked up rubbish and bills and left without a forwarding address. The bills amounted to three times what any deposit would cover.

The lesson learned is, treat the place as if it was your own and expect your deposit back at the time of leaving, with a mutual inspection....

It's supposed to be simple and fair - on both sides...

chickenbutt

hardship wrote: »

It's reasonable for a landlord to charge a deposit, reasonable for a tenant to keep the place in good condition and reasonable to have the deposit returned at the point where the tenant is leaving.

If there is say 100 Euro worth of damage done (excluding wear and tear), it is also reasonable for the landlord to deduct this from the deposit and pay the balance back to the tenant at the point of leaving.

My own experience (having been a landlord once) is that the tenant removes fittings, stacked up rubbish and bills and left without a forwarding address. The bills amounted to three times what any deposit would cover.

The lesson learned is, treat the place as if it was your own and expect your deposit back at the time of leaving, with a mutual inspection....

It's supposed to be simple and fair - on both sides...

This is not the issue at all, I think you missed the point. The landlord is refusing to meet me about the room.

Update: I'm meant to move out on Saturday and now I've been told there's another landlord, a point which was never mentioned when I moved in. The first who I've only ever known is either working or on holiday, either way he is not helpful and told me to contact this other person.

I have done so via text on Monday, did not hear back, sent a text again this morning and only now received a response. He says he cannot meet me on Saturday and the way he "operates" is that I send him my bank details and he will transfer the money within 14 days after I've moved out. They only check the room after I moved out. I am at a loss as to what to do. I am mostly worried that he (they) will come up with some ridiculous excuse about something "broken" in the room (again, *nothing* is broken, everything is just as I moved in) and not return my deposit. I told him as such in a text responding to him. No word yet.

Is it too much to ask to just come by for 10 minutes to look at it and give me some guarantee that I will receive my deposit?? I am so uncomfortable with just leaving it and not knowing. Any suggestions?

Curlyhatescurls

Perhaps you could suggest that he come this evening or tomorrow to inspect the place instead of Saturday if that does not suit him. I assume you gave him the deposit in cash? Mention this to him. Tell him you need the cash to pay for a deposit on a new place but you understand that it is not the way he does things and will accept a cheque or bank transfer but you will only be comfortable doing this if he meets you in person and you give him the details (and THEN get him to sign a note saying he will give you the deposit back definitely.) I think once you catch him in person and you have your little I.O.U note and a pen he can't really back down.

convert

Take lots of photos of the room and everything in it (from lots of different angles), with a date stamp, so that you have something to show the state in which you left things.

As mentioned above, see if the landlord will meet you at another time/day to check the room.

BostonB

Seems to me the Landlord doesn't want a meeting as they can't deny you your deposit face to face if there no issues. If someones messing like that, I'd tell them I'm staying another month and will use the deposit as rent. Its not correct, but then what the Landlord is doing isn't either.

Spiritofthekop

BostonB wrote: »

Seems to me the Landlord doesn't want a meeting as they can't deny you your deposit face to face if there no issues. If someones messing like that, I'd tell them I'm staying another month and will use the deposit as rent. Its not correct, but then what the Landlord is doing isn't either.

100% agree. Do not trust anything to do with landlord. You will find he will take some of your deposit after you have moved out & you will have to fight for the rest.

My advice is demand someone meets you or else you are staying for another month with the last months rent as deposit. Call there bluff. They wont want a month without rent.

You have text to prove you tried to do it properly so you are covered.

Recored everything..take pictures....let him know your not a sucker & you mean business & you will get your deposit back.

DO NOT MOVE OUT UNTIL YOU GET TO MEET LANDLORD IN PREMISES AND GET DEPOSIT BACK.

YOU TOLD LANDLORD 5 WEEKS AGO SO HE SHOULD OF BEEN PREPARED TO HAVE SOMEONE MEET YOU.

chickenbutt

Thanks everyone for the advice! He has refused answerig my calls and texts flat out now, so i am just staying put for another month.

BostonB

I don't see what else you can do.