Landlady keeping deposit and not sure of my rights

donnamc5

I am looking for some advice with regards to getting my deposit back and have been left really confused by all the information out there and the various people I have spoken to.

I have been renting an apartment since 20th March 2008. On the 1st October this year I gave 1 month’s notice to my landlady over the phone as that is how we have always communicated and stated I would pay the balance between the 20th October and the 1st November, and she has accepted this and agreed to my moving out. She did however object to my giving my notice on a day other than the day the rent comes out which is the 20th of the month and initially said that we would lose half our deposit because of this. Obviously I wasn’t happy about this as I have never heard of you giving your notice on rent day before and decided to look into this. Since then I have come across this Residential Tenancies Act 2004 legislation and I have found that because I lived in the apartment for over 3 years I am meant to give 8 weeks notice although I had never in my life heard of this either, so I feel like I’m not protected in any way whatsoever right now. In my initial lease which was for 6 months it stated that after the six month’s -“In the absence of any formal agreement to continue after the term, the tenancy will continue as a periodic month-to-month under the original terms and conditions of the Agreement.” Which is what I had always believed would be the case as this is what was said in my initial lease and I don’t think it is fair to expect an ordinary person to know that the Tenancies act supersedes this, or does it? I still don’t even know.

Anyway, she has not said anything about the 8 weeks notice and has not even brought this up, her objection is to my not giving notice on gale day. Initially she said that we would probably lose half our deposit but that she wasn’t really involved in the money side of things and would get her accountant to call and discuss this last Tuesday. On Tuesday the accountant hadn’t called and I text the landlady to let her know. The landlady then said the accountant was really busy and would probably not call until next week. We are moving out this weekend so the landlady told us to give her son a call who looks after the apartments when we were finished so that we could hand over the keys and that if I left my new address we might get a cheque in 10 days in the post for any money owed us. Again though, she hasn't said what will or will not be given to us. There is no damage or disrepair above or beyond normal wear and tear though, and I am going to clean it thoroughly before we leave.

I have serious reservations about handing back the keys with absolutely no guarantee we will get a cent of our €1300 deposit back and I’m not sure I have any legal protection whatsoever but I would really like to know if I have any rights anymore.

Any advice anyone could give me would be greatly appreciated.

Snakeblood

donnamc5 wrote: »

I am looking for some advice with regards to getting my deposit back and have been left really confused by all the information out there and the various people I have spoken to.

I have been renting an apartment since 20th March 2008. On the 1st October this year I gave 1 month’s notice to my landlady over the phone as that is how we have always communicated and stated I would pay the balance between the 20th October and the 1st November, and she has accepted this and agreed to my moving out. She did however object to my giving my notice on a day other than the day the rent comes out which is the 20th of the month and initially said that we would lose half our deposit because of this. Obviously I wasn’t happy about this as I have never heard of you giving your notice on rent day before and decided to look into this. Since then I have come across this Residential Tenancies Act 2004 legislation and I have found that because I lived in the apartment for over 3 years I am meant to give 8 weeks notice although I had never in my life heard of this either, so I feel like I’m not protected in any way whatsoever right now. In my initial lease which was for 6 months it stated that after the six month’s -“In the absence of any formal agreement to continue after the term, the tenancy will continue as a periodic month-to-month under the original terms and conditions of the Agreement.” Which is what I had always believed would be the case as this is what was said in my initial lease and I don’t think it is fair to expect an ordinary person to know that the Tenancies act supersedes this, or does it? I still don’t even know.

Anyway, she has not said anything about the 8 weeks notice and has not even brought this up, her objection is to my not giving notice on gale day. Initially she said that we would probably lose half our deposit but that she wasn’t really involved in the money side of things and would get her accountant to call and discuss this last Tuesday. On Tuesday the accountant hadn’t called and I text the landlady to let her know. The landlady then said the accountant was really busy and would probably not call until next week. We are moving out this weekend so the landlady told us to give her son a call who looks after the apartments when we were finished so that we could hand over the keys and that if I left my new address we might get a cheque in 10 days in the post for any money owed us. Again though, she hasn't said what will or will not be given to us. There is no damage or disrepair above or beyond normal wear and tear though, and I am going to clean it thoroughly before we leave.

I have serious reservations about handing back the keys with absolutely no guarantee we will get a cent of our €1300 deposit back and I’m not sure I have any legal protection whatsoever but I would really like to know if I have any rights anymore.

Any advice anyone could give me would be greatly appreciated.

If it were me I'd request that the son get the deposit to return to you when you hand over the keys. She's had several opportunities to look over the place and return the deposit and she hasn't done it yet. Don't give the keys until you get the place checked by her or her representative. I'm not sure what it has to do with her accountant at all, that sounds like the runaround to get out of returning your cash.

Other than that, go to the PRTB.

donnamc5

Snakeblood wrote: »

If it were me I'd request that the son get the deposit to return to you when you hand over the keys. She's had several opportunities to look over the place and return the deposit and she hasn't done it yet. Don't give the keys until you get the place checked by her or her representative. I'm not sure what it has to do with her accountant at all, that sounds like the runaround to get out of returning your cash.

Other than that, go to the PRTB.

But wont the PRTB side with the landlady since I haven't given 8 weeks notice or a month's notice since rent day or whatever I've supposedly not done right?

D3PO

couple of things technically you owe more notice but she doesnt seem to know that so lets put that to one site.

there is no law that says you have to give your notice on the day the rent is due. Thats crap and has no legal basis.

as for your deposit. Ring her and tell her that you will hand over the keys the same time the final inspection is done and that you expect the son to have the deposit with him. dont take any rubbish or excuse.

be very clear tell her if there is no depoist then your not handing over the keys. Make sure she is aware that you know your rights.

Id go as far as saying you will stay in the apartment without paying rent if she doesnt comply and that if she attempts to illegally evict you you will ensure she is prosecuted for such. That of course borders on the vindictive but if shes going to try and rip you off your desosit (it sounds like she is) good enough for her.

Snakeblood

donnamc5 wrote: »

But wont the PRTB side with the landlady since I haven't given 8 weeks notice or a month's notice since rent day or whatever I've supposedly not done right?

I'm under the impression that the PRTB generally sides with the tenant, and I suppose it's better taking a shot at it than ending up with nothing.

I also think that the deposit is there for a reason, to protect the landlady too. If you're leaving early, maybe you owe her some money because you are breaking the terms of the current provisions. I don't know that though.

variety

donnamc5 wrote: »

In my initial lease which was for 6 months it stated that after the six month’s -“In the absence of any formal agreement to continue after the term, the tenancy will continue as a periodic month-to-month under the original terms and conditions of the Agreement.”

I assume that you have not subsequently signed another lease? So this condition is still in place.

The RTA (2004) was put in place to increase Tenants' rights.
Your comment re the 8 weeks notice period since you have been in the property for more than 3 years only relates to a Part 4 Tenancy.

You do not have a Part 4 tenancy, you have a periodic Tenancy (you'd be mad to claim your Part 4 rights since your current periodic tenancy grants you shorter notice periods for termination of the lease; claiming Part 4 is only helpful if it benefits you in any way).

It doesn't matter whether you gave notice on the gale day, just that you give 1 month's notice, as per the terms of your lease.

[You really should have given 1 month's written notice (not verbal, like you did), but since the LL is not querying that, ignore it.]

Agree with other posters re getting the deposit back at the same time that you hand over your keys, or you'll be waiting a very long time.

Victor

Surely, if she accepts that she only wants a months notice, then it doesn't matter what day notice is given.

Take photos before you leave.