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Landlord won't return deposit

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  • 30-03-2013 8:28am
    #1
    magmike
    Registered Users Posts: 3 ✭


    Hi Guys,
    I recently came to the end of a 12 month written lease.
    I gave the proper notice, when I moved out I was told to return in a few days to get my deposit.
    Basically he doesn't return calls and is not there or won't answer his door.
    Is my best course of action the small claims court?


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    #2
    Ted_YNWA
    Registered Users Posts: 71,799 ✭✭✭✭Ted_YNWA


    PTRB would be the first point of action

    was there any damage left to house to justify withholding deposit ?


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    #3
    Mr.Wemmick
    Registered Users Posts: 1,092 ✭✭✭Mr.Wemmick


    If the LL said you can collect your deposit in a few days then I take it the property was all in good order when you left (?)

    First thing to do, is to write a registered letter to him detailing all that has happened: paying rent on time, 12 month lease, notice given, leaving the property in good order and his failure to contact you to return your deposit.

    I would ask him to contact you asap to make arrangements for your deposit to be paid back in full and if you do not hear from him within the next 5 working days, you will be handing over the matter to PTRB.

    Hopefully, that will do it and you will get your money back soon.


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    #4
    magmike
    Registered Users Posts: 3 ✭magmike


    Property left in perfect condition.
    LL said deposit would be given back but he's not contactable now.
    I will take the advice and send a registered letter.
    I've heard the PTRB are a bit gummy though when it comes to actually getting your cash.


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    #5
    makeorbrake
    Registered Users Posts: 4,664 ✭✭✭makeorbrake


    magmike wrote: »
    I've heard the PTRB are a bit gummy though when it comes to actually getting your cash.
    They're very much pro-tenant by all accounts. Therefore, if you provided adequate notice and there's no good reason for the landlord to withhold your deposit, then it should be fairly straightforward.


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    #6
    magmike
    Registered Users Posts: 3 ✭magmike


    thanks for the advice.


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    #7
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Has the landlord gone away for the Easter holidays?


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    #8
    the_syco
    Registered Users Posts: 37,300 ✭✭✭✭the_syco


    When you ring the LL, is the ring tone the normal ring tone, or the out of country ring tone? Or he just be down country with the relatives. Holiday season is always iffy when doing any sort of business.


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    #9
    Brownhead
    Site Banned Posts: 21 ✭Brownhead


    magmike wrote: »
    Hi Guys,
    I recently came to the end of a 12 month written lease.
    I gave the proper notice, when I moved out I was told to return in a few days to get my deposit.
    Basically he doesn't return calls and is not there or won't answer his door.
    Is my best course of action the small claims court?

    you can only go to court if you are looking fof more than 60k. I doubt if your deposit was that much.


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    #10
    ted1
    Registered Users Posts: 23,524 ✭✭✭✭ted1


    Brownhead wrote: »
    you can only go to court if you are looking fof more than 60k. I doubt if your deposit was that much.

    Nonsense, that's the high court, small claims and district court deal with lesser amounts


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    #11
    Solair
    Closed Accounts Posts: 7,230 ✭✭✭Solair


    If it's an amount <€2000, you could use the Small Claims Court, but the PRTB is far more useful as it has specific powers in this area.

    Contact him by registered letter, give him (in writing) 5 working days to respond.

    If he fails to respond, then start the PRTB procedure.

    To speed things along, give them a quick ring too and ask what documentation would help them to process the case.

    http://public.prtb.ie/contact.html


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    #12
    StillWaters
    Closed Accounts Posts: 1,799 ✭✭✭StillWaters


    The small claims court does not deal with deposit disputes.


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    #13
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    ted1 wrote: »
    Nonsense, that's the high court, small claims and district court deal with lesser amounts

    Nonsense,this is a deposit dispute. The courts have only limited jurisdiction.

    RESIDENTIAL TENANCIES ACT 2004
    Limitation on certain disputes being the subject of court proceedings, although it seems the o/p could look for only 20k and not 60k. Still most unlikely his deposit was 20k or above!

    182.—(1) On and from the commencement of Part 6, proceedings may not be instituted in any court in respect of a dispute that may be referred to the Board for resolution under that Part unless one or more of the following reliefs is being claimed in the proceedings—

    (a) damages of an amount of more than €20,000,

    (b) recovery of arrears of rent or other charges, or both, due under a tenancy of an amount, or an aggregate amount, of more than €60,000 or such lesser amount as would be applicable in the circumstances concerned by virtue of section 115 (3)(b) or (c)(ii).

    (2) In this section “dispute” has the same meaning as it has in Part 6.


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