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Worried About Deposit

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  • 09-05-2013 11:47am
    #1
    Registered Users Posts: 736 ✭✭✭


    Following on from my last thread, myself and my partner decided on moving to Australia where we have jobs waiting for us when we get there. The only problem is the deposit. We are moving out on the 29th of this month and leaving Ireland on the 7th of June. We were chatting to some people about it and when they learned who our LL was they basically just said good luck getting that deposit back :(. They were involved with this person before and they tried every trick in the book to not give back the deposit. Now we haven't paid the last months rent yet, would it be legal to tell them to keep the deposit for the last months rent and we will make up the difference? We are very worried about not getting the deposit back.


    Thank you.


Comments

  • Registered Users Posts: 3,528 ✭✭✭gaius c


    It's not legal no but neither is withholding a tenant's deposit without due cause.


  • Registered Users Posts: 736 ✭✭✭Doff


    Thats a bit of a pain, there isnt not much we can get done in the week between moving out of here and moving out of the country regarding getting the deposit back, is there any way around it?


  • Registered Users Posts: 1,260 ✭✭✭Viper_JB


    Doff wrote: »
    Following on from my last thread, myself and my partner decided on moving to Australia where we have jobs waiting for us when we get there. The only problem is the deposit. We are moving out on the 29th of this month and leaving Ireland on the 7th of June. We were chatting to some people about it and when they learned who our LL was they basically just said good luck getting that deposit back :(. They were involved with this person before and they tried every trick in the book to not give back the deposit. Now we haven't paid the last months rent yet, would it be legal to tell them to keep the deposit for the last months rent and we will make up the difference? We are very worried about not getting the deposit back.


    Thank you.

    If it were me I would definitely consider keeping the last months rent, I'm currently in the process of a PRTB claim because my last landlord decided to keep half of my deposit for my last house as there was "some dirt at the bottom of a few of the drawers in the kitchen"...which apparently took 600 euro to clean :mad:. I've only had one landlord out of 5 where I didn't have to fight tooth and nail and issue treats to get my deposit back.

    If there's any doubt in your mind I'd advise to keep the rent you'll only be screwed over otherwise, especially if he knows you're going abroad - I'm only speaking from my experiences though.

    I'd say this with one caveat though - do your best to leave the place as it was when you moved in, I hate landlords taking the piss with the deposit, but tenants leaving the place like a bomb hit it is equally not on.


  • Registered Users Posts: 736 ✭✭✭Doff


    Thanks, I did have an issue with a landlord before regarding a deposit and with such limited time it is very worrying. Although in saying that we will happily pay the difference from whats taken from the deposit to make up the last months rent.

    We'll be leaving the place absolutely spotless don't worry about that :)


  • Registered Users Posts: 2,075 ✭✭✭Rasmus


    Doff wrote: »
    Thanks, I did have an issue with a landlord before regarding a deposit and with such limited time it is very worrying. Although in saying that we will happily pay the difference from whats taken from the deposit to make up the last months rent.

    We'll be leaving the place absolutely spotless don't worry about that :)

    Going through the PRTB to get a deposit back is a nightmare, and you don't even have that option since you will be in Oz. Although I got my deposit back plus damages in record time through an adjudication (about 9 months) if I had to do it again I would reconsider it all. I also knew beforehand that there was a good chance of the LL with-holding, but I followed the rules which turned out to be quite unfortunate for me!


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  • Registered Users Posts: 1,092 ✭✭✭Mr.Wemmick


    There wouldn't be a hope in hell of me paying the last month's rent. If LL has broken the rules via previous tenants, and has not had the professional honesty to do the right thing, then by all means, give in your notice and live out your deposit - it's a no brainer. Keep the place in order, pay for repairs if you need to, and leave the apartment in a clean condition.

    Good luck and enjoy Australia - with your deposit, money which is rightfully yours, safely in your back pocket.


  • Registered Users Posts: 736 ✭✭✭Doff


    Thanks for the replies, I actually forgot to include something I thought was a bit odd. We handed in our notice at the start of this month, the rent is due this week, the LL has been ringing us non stop about paying the rent (was meant to be paid wednesday but were still unsure on what to do, hence why I asked here) but the fact they rang before the rent was due and after we handed in the notice seemed odd. What can I say to them about using the deposit as the last months rent?


  • Registered Users Posts: 5,902 ✭✭✭Chris_5339762


    Its not legal to use the deposit as the last months rent. However in certain situations it is very difficult to suggest doing anything but that, given the behavior of some landlords when it comes to moving out and all that goes with it.


  • Registered Users Posts: 3,074 ✭✭✭Shelflife


    Why not invite the landlord to the house to inspect it prior to you leaving. If the house is in good order then you can raise the deposit for rent issue .
    If there are repairs/cleaning needed this can be discussed here as well.


  • Registered Users Posts: 3,528 ✭✭✭gaius c


    Doff wrote: »
    Thanks for the replies, I actually forgot to include something I thought was a bit odd. We handed in our notice at the start of this month, the rent is due this week, the LL has been ringing us non stop about paying the rent (was meant to be paid wednesday but were still unsure on what to do, hence why I asked here) but the fact they rang before the rent was due and after we handed in the notice seemed odd. What can I say to them about using the deposit as the last months rent?

    He is obviously expecting you to not pay the last month's rent. Must pop over to irishlandlords.com to see his thread bitching about you.:P


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