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Time frame to return deposit

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  • 06-05-2014 9:51am
    #1
    yoginindublin
    Registered Users Posts: 380 ✭✭


    Just wanted to ask as to what is a reasonable timeframe for my previous landlord to return my deposit before I start following up?


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    #2
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    Deposits should be returned at the final inspection as keys are being handed back.


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    #3
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    The_Morrigan wrote: »
    Deposits should be returned at the final inspection as keys are being handed back.

    In fairness that is your opinion but they actually have 30 days by law


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    #4
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    Ray Palmer wrote: »
    In fairness that is your opinion but they actually have 30 days by law
    Also, some landlords usually wait until after bills are due before returning any money.


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    #5
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    I wouldn't consider thirty days to be reasonable. Final bills should be known the day the keys are returned, quick meter reading and phone call is all that is required.
    I think if landlords are allowed to walk away with a deposit to be returned at a later date the likelihood of receiving the full amount decreases over time.


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    #6
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    The_Morrigan wrote: »
    I wouldn't consider thirty days to be reasonable. Final bills should be known the day the keys are returned, quick meter reading and phone call is all that is required.
    I think if landlords are allowed to walk away with a deposit to be returned at a later date the likelihood of receiving the full amount decreases over time.
    That's fine as an opinion but you don't have to give it back they day they leave. I believe the wording is a "reasonable amount of time" in normal financial terms that is 30 days.


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    #7
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    Ray Palmer wrote: »
    That's fine as an opinion but you don't have to give it back they day they leave. I believe the wording is a "reasonable amount of time" in normal financial terms that is 30 days.

    Ray is it a reasonable amount of time or is 30 days actually stipulated?
    From writing credit agreements in the financial industry I can tell you 30 days is not considered reasonable if money is owed..more like 3- 14 days.


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    #8
    thomas anderson.
    Registered Users Posts: 1,111 ✭✭✭thomas anderson.


    Wouldnt hand the keys back until I get the deposit refunded or use the deposit as last months rent


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    #9
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    thomas anderson. wrote: »
    Wouldnt hand the keys back until I get the deposit refunded or use the deposit as last months rent
    One of which is certainly illegal and holding the keys doesn't make much difference when most LL replace the locks.


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    #10
    thomas anderson.
    Registered Users Posts: 1,111 ✭✭✭thomas anderson.


    Ray Palmer wrote: »
    One of which is certainly illegal and holding the keys doesn't make much difference when most LL replace the locks.

    Have done both on 2 occasions.


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    #11
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    thomas anderson. wrote: »
    Have done both on 2 occasions.
    It doesn't make it legal


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    #12
    thomas anderson.
    Registered Users Posts: 1,111 ✭✭✭thomas anderson.


    Ray Palmer wrote: »
    It doesn't make it legal

    Sure it does.

    Where is the law that says its illegal to use the deposit as the last months rent?


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    #13
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    thomas anderson. wrote: »
    Sure it does.

    Where is the law that says its illegal to use the deposit as the last months rent?

    As the deposit is not 'rent' then using the deposit as rent is contrary to clause 16(a)(i), therefore illegal.

    http://www.irishstatutebook.ie/2004/en/act/pub/0027/print.html#sec16


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    #14
    thomas anderson.
    Registered Users Posts: 1,111 ✭✭✭thomas anderson.


    The_Morrigan wrote: »
    As the deposit is not 'rent' then using the deposit as rent is contrary to clause 16(a)(i), therefore illegal.

    http://www.irishstatutebook.ie/2004/en/act/pub/0027/print.html#sec16


    (4) Subsection (1)(d) applies and has effect subject to the following provisions:

    (a) no amount of the deposit concerned shall be required to be returned or repaid if, at the date of the request for return or repayment, there is a default in—

    (i) the payment of rent and the amount of rent that is in arrears is equal to or greater than the amount of the deposit, or


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    #15
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    thomas anderson. wrote: »
    (4) Subsection (1)(d) applies and has effect subject to the following provisions:

    (a) no amount of the deposit concerned shall be required to be returned or repaid if, at the date of the request for return or repayment, there is a default in—

    (i) the payment of rent and the amount of rent that is in arrears is equal to or greater than the amount of the deposit, or

    That just means that if you don't bother paying your rent then you can kiss goodbye to your deposit - it doesn't mean that you may refuse to pay your last months rent.

    You're wrong - end of story.
    A tenant is obliged to pay their rent each and every month otherwise they are in breach of the RTA.

    Now, back on topic please.


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    #16
    yoginindublin
    Registered Users Posts: 380 ✭✭yoginindublin


    so, its been one month already and I still do not have my deposit back. the agent had told me last Friday that it would be done on Friday 9th of May. I have sent an email following up on Tuesday and she said she would fix it and still have nothing. what are my rights?


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    #17
    Cuddlesworth
    Registered Users Posts: 13,995 ✭✭✭✭Cuddlesworth


    yoginindublin wrote: »
    so, its been one month already and I still do not have my deposit back. the agent had told me last Friday that it would be done on Friday 9th of May. I have sent an email following up on Tuesday and she said she would fix it and still have nothing. what are my rights?

    Registered letter outlining your case, stating your next step is prtb adjudication. If he never registered you, even better.


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    #18
    ted1
    Registered Users Posts: 23,535 ✭✭✭✭ted1


    More than likely your deposit is spent and you'll get it when the land lord has received a deposit from the new tenant


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    #19
    Carbon125
    Registered Users Posts: 176 ✭✭Carbon125


    Cuddlesworth wrote: »
    Registered letter outlining your case, stating your next step is prtb adjudication. If he never registered you, even better.

    Since the poster has already followed up twice, why waste time and money on writing registered letters... File a complaint with the PRTB immediately.


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    #20
    Cuddlesworth
    Registered Users Posts: 13,995 ✭✭✭✭Cuddlesworth


    Carbon125 wrote: »
    Since the poster has already followed up twice, why waste time and money on writing registered letters... File a complaint with the PRTB immediately.

    Because walking into the PRTB saying I "spoke" to the landlord and texted him doesn't carry the same weight as adding the acceptance or refusal of a registered letter. The prtb isn't a court, you send in your evidence and they review it. The more evidence, the sounder your case is.

    My last landlord held the deposit for 6 weeks. I got a panicked phone call 3 days after the letter was sent, telling me the money was in my bank that day.


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    #21
    yoginindublin
    Registered Users Posts: 380 ✭✭yoginindublin


    There is a new tenant in after me. In fact they requested if I could turn over the apartment one day earlier. Also the rent was increased by 600 euros more with the new tenant


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    #22
    hfallada
    Closed Accounts Posts: 4,180 ✭✭✭hfallada


    It's not as simple as checking the ESB meter and working out energy usage. Bin companies are a nightmare to get bills off and so is cable companies. When you to go to collect the keys you might see the house needs to be professional cleaned or needs repairs, something that must come out of the deposit.

    Tenants expect their deposit back pretty much on the spot. But it's not that simple. And its even more ridiculous when they Dont give you an address to mail the deposit to as they changed number


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    #23
    yoginindublin
    Registered Users Posts: 380 ✭✭yoginindublin


    all the bills have already beed settled, and since its an apartment complex, the bins are part of the rent. I have sent 2 more emails to the landlady and to the agent. Landlady not replying to me and agent says she will sort it out. Still no sign of it.

    One more thing though, my husband was one day late in canceling the standing order so that means the next month went out already. We are chasing this too. What are the laws on this? Before I set a case to the PTRB, I want to make sure that I can get back the rent as well. Thanks!


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