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Deposit back issue

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  • 21-05-2013 3:34pm
    #1
    scarymoon1
    Closed Accounts Posts: 732 ✭✭✭


    I moved into a house share about 7 months ago and signed a 12 months lease. It didnt work out as one of the house mates was very strange and creeped me out and the house was filthy. About a month into the lease I said to the landlord I knew I signed the lease but it wasn't working out and could I move out. She was having none of it so I had to stay or not get my deposit back. Then about 2 months later I asked again and she agreed to give me half my deposit back which in fairness was good of her I suppose. Although another house mate moved out last month and broke his lease too but she gave him back his full deposit because he was a Guard! But thats nothing to do with me I suppose. So last week I said I was moving and to let me know about half my deposit etc as agreed but ive heard nothing from her - sent her another text this morning and again nothing. It looks like she will give me nothing back right?? :(


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    #2
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    well you signed a years lease if you get something back then be thankful. if you don't you can hardly have any complaint.

    next time think twice before signing a legally binding document.


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    #3
    scarymoon1
    Closed Accounts Posts: 732 ✭✭✭scarymoon1


    D3PO wrote: »
    well you signed a years lease if you get something back then be thankful. if you don't you can hardly have any complaint.

    next time think twice before signing a legally binding document.

    I didnt have any complaint at all initially - was happy to get half my deposit back. But then when she gave my other house mate ALL his deposit back and he also broke his lease I thought it was a bit unfair. He didnt even offer to fill the room whereas I did but no luck filling it.


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    #4
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    If you look to reassign the remainder of your lease then she cannot refuse (or she can, but it means you are free to leave with your full deposit). Inform her of your wish to reassign the remainder of your lease, then go find a suitable replacement.

    She also cant just turn around and decide on an arbitrary amount of the deposit to return; the deposit is to be used to put right where she has been financially left out of pocket. If you break a lease early then she can use the deposit to make up for lost rent, however the landlord is obliged to look to mitigate their loss, so if you live in a high demand area its possible she will find someone to replace you within a fortnight.


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    #5
    scarymoon1
    Closed Accounts Posts: 732 ✭✭✭scarymoon1


    djimi wrote: »
    If you look to reassign the remainder of your lease then she cannot refuse (or she can, but it means you are free to leave with your full deposit). Inform her of your wish to reassign the remainder of your lease, then go find a suitable replacement.

    She also cant just turn around and decide on an arbitrary amount of the deposit to return; the deposit is to be used to put right where she has been financially left out of pocket. If you break a lease early then she can use the deposit to make up for lost rent, however the landlord is obliged to look to mitigate their loss, so if you live in a high demand area its possible she will find someone to replace you within a fortnight.

    I suggested to her a couple of months ago Id find someone for my room - she said ok and she would put the ad on daft. 2 weeks later it still was not up so I suggested Id put it on adverts.ie and she said no she would put it on daft. She never did so that went out the window.

    She has the Guards room up for daft with a while and she cant get anyone in as she is looking for way too much. She just does not want to give me anything back I think.


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    #6
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    If you want to reassign the remainder of the lease then you do all the work to find your replacement. The new tenant pays the same as you are paying now for the duration of the remainder of the lease, and if that is too much you could always advertise it for less and pay the shortfall yourself (obviously do the math and ensure that its not more than losing the deposit).

    If you with to reassign then she doesnt really have a choice in the matter; either she agrees to it or you can walk away with your deposit.


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    #7
    scarymoon1
    Closed Accounts Posts: 732 ✭✭✭scarymoon1


    djimi wrote: »
    If you want to reassign the remainder of the lease then you do all the work to find your replacement. The new tenant pays the same as you are paying now for the duration of the remainder of the lease, and if that is too much you could always advertise it for less and pay the shortfall yourself (obviously do the math and ensure that its not more than losing the deposit).

    If you with to reassign then she doesnt really have a choice in the matter; either she agrees to it or you can walk away with your deposit.

    its too late for that now as im moving in a couple of weeks. couldnt take the situation of the house any longer


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    #8
    AndreaNed
    Registered Users Posts: 1 ✭AndreaNed


    I am in a simular situation. I signed a lease for 1 year in august 2011, the landlord never renewed the lease in august 2012, but i continued to live here. I will explain the whole story:
    I was recieving rent allowance when i began the lease as i was on OPF, The rent ceiling for county laois is 480 for OPF but land lord refused to drop rent and wrote 480 on the papers but realistically i was paying 600p/m. I stopped recieving The rent allowance when i opened my own barber shop on the BTWA in June 2012. In Feb 2013 I had to close the shop due to the expence of my house rent (600p/m), Shop rent (600p/m), Creche fees (200p/m) taxes/Vat etc. I simply could not live out of it.
    When i finished the job i was in arrears for the month of march (600). In april i went back to the social welfare to get back on the rent allowance and explained my case. Again the landlord refused to drop rent and again lied on the papers that it was still only 480 when infact he was demanding 600 from me every month, and he also said i was paid up for the month of march when i WAS NOT!!! I was totally honest with the social and they said they would pay me a higher rate for 12wks and within these 12wks I had to find another house with cheaper rent as my landlord was frauding the social etc.
    It was almost a month before the rent allowance came through, so they paid me back money from april. So i still owed him for the month of March!!!!. He came to the house shouting and roaring that he was owed 600 and threatened to change locks and throw me out..... But it was infact his fault for putting the wrong dates on the papers!!!! This man has been a total pig since i moved in.... Will not answer calls nor txts, Will do nothing when something goes wrong in the house, for example the sewage is blocked in the downstairs bathroom for the past four months he has been told but wont come to fix it!!!!!!!! I am moving out now this week to a new house and have asked him for my deposit back, I paid him 1200 out of my own pocket the day i moved in, Now he is refusing to give me back any of it!!! I am furious!! How can he do this? Yes 600 is still owed but its because of a fault of his own and i owe him nothing else and his house is pristine. Can anyone help me??? Where do i stand on the matter???


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    #9
    StillWaters
    Closed Accounts Posts: 1,799 ✭✭✭StillWaters


    You owe him €600 in arrears. He has €600 deposit. Realistically they cancel each other out and you will not get your deposit back. It is not his fault you owe this. Your claim with DSP is your business.


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    #10
    Chris_5339762
    Registered Users Posts: 5,902 ✭✭✭Chris_5339762


    It was almost a month before the rent allowance came through, so they paid me back money from april. So i still owed him for the month of March!!!!. He came to the house shouting and roaring that he was owed 600 and threatened to change locks and throw me out.....

    That would be an illegal eviction.


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    #11
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Chris_5339762 wrote: »
    That would be an illegal eviction.

    Indeed. Id actually be quite glad if he did come in and change the locks; it would be a short term inconvenience but I think the payout that I would be awarded by the PRTB for illegal eviction would make it worth it!

    To be clear though AndreaNed, whatever the situation with the RA might be, the bottom line is that you still owe a months rent, which can, and almost certainly will, be taken from your deposit.


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    #12
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    AndreaNed wrote: »
    I am moving out now this week to a new house and have asked him for my deposit back, I paid him 1200 out of my own pocket the day i moved in, Now he is refusing to give me back any of it!!! I am furious!! How can he do this? Yes 600 is still owed but its because of a fault of his own and i owe him nothing else and his house is pristine. Can anyone help me??? Where do i stand on the matter???

    why the hell would you get your deposit back ? You owe him 600 and he has 600 of a deposit they cancel each other out. What do you think your entitled do ??????????


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    #13
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,379 CMod ✭✭✭✭Pawwed Rig


    AndreaNed - You do not have a valid contract with your landlord as the contract was drawn up with a view to defraud the social welfare (and presumably Revenue). You as tenant facilitated and were party to this fraud. So if I was you I would stay as far away from the PRTB and any other legal agency as I could. The situation you are in now is a mess and is partly of your own making. The crux of the matter is that if you are receiving €480 in rent allowance it is because you cannot afford to pay ANY of your own rent which you clearly could as you 'topped up' so you also defrauded the Irish people (ie everybody here).

    I am hopeful that in situations like these the department will commence legal proceedings against all parties as it skews the rental market in favour of the corrupt with the honest landlords, tenants and general public paying the price.


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    #14
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Pawwed Rig wrote: »
    AndreaNed - You do not have a valid contract with your landlord as the contract was drawn up with a view to defraud the social welfare (and presumably Revenue).

    Surely the signing of the lease has nothing to do with RA? The lease is an agreement between tenant and landlord to pay x amount for a determined length of time; where the tenant gets the money from is a separate matter altogether?


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    #15
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,379 CMod ✭✭✭✭Pawwed Rig


    It does where there is fraud involved. The landlord AND the tenant signed a fraudulent document on rent allowance. It could be argued that the lease that was signed was set aside after the initial 12 months as the landlord 'agreed' to a rent reduction thereby changing the terms of the lease to a rent of €480. Therein is the issue as the rent was never €480.
    Alot will depend on what the landlord has declared to Revenue as his rental income. By the sounds of it the LL doesn't know anything about being a landlord, equally the tenant is quite willing to cut corners to suit themselves. Now one or the other may manage to get a solicitor to convince a judge that they are completely in the right (doubtful) but the fact remains that they have both defrauded the Irish people and should (imo) both be prosecuted. A PRTB ruling on this could easily be challenged by either party as there are issues here beyond the remit of that organisation.


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