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My Landlord is trying to keep my Deposit unfairly

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  • 25-01-2015 6:25pm
    #1
    Registered Users Posts: 10,870 ✭✭✭✭


    I'm moving out of a property I've rented for 7 years.
    About 2 years ago we rescued 2 cats.
    I said it to the landlord and he said we weren't meant to have pets but as long as they don't damage the house he's ok with them.
    Yesterday I met him to discuss the deposit and let him have a walk through the property.
    We agreed on a couple of small things that were deductions/replacements amounting to about 15% of the deposit.

    The next day he text me to say he'd had an allergic reaction to the cats (he's a dog owner) and as a result we'd have to get the place cleaned.
    Thing is he wants to get the entirety of the whole property industrially cleaned as apparently the "dander" that cats give off can be in surfaces for 6months and cannot be cleaned out by vacuuming etc.

    So low and behold now he's trying to keep the whole deposit.
    I said we'd vacuum and clean and shampoo the place but now he's saying even the blinds etc have to be chemically cleaned.

    Can someone please advise me if he's allowed do this.
    It's a lot of money and it seems far to convent given there was no damage and he calls for the rent monthly to the house and has not had a reaction before.

    I understand we have to give the property back in the condition that we received it in, but does that include having the place blitzed so it's hypoallergenic?

    I don't know what to do :(


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Comments

  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    Cormac... wrote: »
    I'm moving out of a property I've rented for 7 years.
    About 2 years ago we rescued 2 cats.
    I said it to the landlord and he said we weren't meant to have pets but as long as they don't damage the house he's ok with them.
    Yesterday I met him to discuss the deposit and let him have a walk through the property.
    We agreed on a couple of small things that were deductions/replacements amounting to about 15% of the deposit.

    The next day he text me to say he'd had an allergic reaction to the cats (he's a dog owner) and as a result we'd have to get the place cleaned.
    Thing is he wants to get the entirety of the whole property industrially cleaned as apparently the "dander" that cats give off can be in surfaces for 6months and cannot be cleaned out by vacuuming etc.

    So low and behold now he's trying to keep the whole deposit.
    I said we'd vacuum and clean and shampoo the place but now he's saying even the blinds etc have to be chemically cleaned.

    Can someone please advise me if he's allowed do this.
    It's a lot of money and it seems far to convent given there was no damage and he calls for the rent monthly to the house and has not had a reaction before.

    I understand we have to give the property back in the condition that we received it in, but does that include having the place blitzed so it's hypoallergenic?

    I don't know what to do :(

    I think it is very reasonable to have the property industrially cleaned. My son is asthmatic and allergic to cat hair, if I rented your property it would be a major issue.

    But, as far as I'm aware, the LL has to show you evidence of the cleaning in the form of a receipt.


  • Registered Users Posts: 10,870 ✭✭✭✭Generic Dreadhead


    Can he legally do that though?


  • Closed Accounts Posts: 4,180 ✭✭✭hfallada


    Cormac... wrote: »
    Can he legally do that though?

    He can charge for cleaning as long as he has a receipt and can prove it was necessary. If a new tenant is allergic to cats, I think its reasonable to assume that it was necessary.


  • Banned (with Prison Access) Posts: 380 ✭✭macyard


    Cormac... wrote: »
    I'm moving out of a property I've rented for 7 years.
    About 2 years ago we rescued 2 cats.
    I said it to the landlord and he said we weren't meant to have pets but as long as they don't damage the house he's ok with them.
    Yesterday I met him to discuss the deposit and let him have a walk through the property.
    We agreed on a couple of small things that were deductions/replacements amounting to about 15% of the deposit.

    The next day he text me to say he'd had an allergic reaction to the cats (he's a dog owner) and as a result we'd have to get the place cleaned.
    Thing is he wants to get the entirety of the whole property industrially cleaned as apparently the "dander" that cats give off can be in surfaces for 6months and cannot be cleaned out by vacuuming etc.

    So low and behold now he's trying to keep the whole deposit.
    I said we'd vacuum and clean and shampoo the place but now he's saying even the blinds etc have to be chemically cleaned.

    Can someone please advise me if he's allowed do this.
    It's a lot of money and it seems far to convent given there was no damage and he calls for the rent monthly to the house and has not had a reaction before.

    I understand we have to give the property back in the condition that we received it in, but does that include having the place blitzed so it's hypoallergenic?

    I don't know what to do :(

    Deep clean is needed as a general clean won't get it all if you are allergic, it's fair as you bought in the cats first without telling him, telling him all later the fact does not reduce the need for the deep clean, get a receipt to make sure it is actually done though


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    The LL agreed to the cats being there so if really responsible for at least half of the cost of the industrial type cleaning he claims to now be getting done.

    If he keeps part of the deposit he must provide receipts from private companies for all cleaning and work carried out.


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  • Banned (with Prison Access) Posts: 380 ✭✭macyard


    foggy_lad wrote: »
    The LL agreed to the cats being there so if really responsible for at least half of the cost of the industrial type cleaning he claims to now be getting done.

    If he keeps part of the deposit he must provide receipts from private companies for all cleaning and work carried out.

    Agreed after the fact, they did not ask before bring them in, op should born the full cost as he said he would cover the costs from them the deep clean is a cost from the cats


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    macyard wrote: »
    Agreed after the fact, they did not ask before bring them in, op should born the full cost as he said he would cover the costs from them the deep clean is a cost from the cats
    Landlord agreed and that is all that counts!


  • Registered Users Posts: 605 ✭✭✭Todd Toddington III


    If the lease says no pets then legally he can keep your deposit despite what may have been said at a later date. remember the lease is a contract and by bringing animals into the home you've essentially broken one of the terms of lease agreement. sucks but not much you can do


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    If the lease says no pets then legally he can keep your deposit despite what may have been said at a later date. remember the lease is a contract and by bringing animals into the home you've essentially broken one of the terms of lease agreement. sucks but not much you can do
    By agreeing to the cats the LL verbally changed the lease agreement.


  • Banned (with Prison Access) Posts: 380 ✭✭macyard


    foggy_lad wrote: »
    Landlord agreed and that is all that counts!

    If they didn't cause damage to the next rental, he needs to clean the damage from the cats fur.

    Take the loss of the deposit as price to have 2 loving years with your cats, it's not a high price


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  • Closed Accounts Posts: 2,382 ✭✭✭firestarter51


    op your going to lose your deposit
    no way out of it as far as i know


  • Closed Accounts Posts: 2,382 ✭✭✭firestarter51


    foggy_lad wrote: »
    By agreeing to the cats the LL verbally changed the lease agreement.

    cant prove that though


  • Registered Users Posts: 17,076 ✭✭✭✭Sleeper12


    I think it should be cleaned as he says but if you have been there 7 years I think he should get it cleaned anyway. I strongly recommend that you get in touch with the prtb. They will give you free advice on this. Also their word is final.


  • Registered Users Posts: 605 ✭✭✭Todd Toddington III


    ops word vs the LL re the verbal agreement, lease has been signed by both parties...not a leg to stand on


  • Registered Users Posts: 1,945 ✭✭✭Grandpa Hassan


    I would be surprised if a PTRB judgment was based on any more than the fact that the lease prohibits pets and the OP was keeping cats. Anything other than that is one word against the other, and with no email etc, that isn't going to fly.

    So I don't see how the OP can avoid the cleaning charge. But local cleaning firms should be contacted to check that the LL is charging a fair rate.

    Personally I think all vacating tenants should pay for a professional clean, like here in the UK.


  • Registered Users Posts: 2,200 ✭✭✭Arbiter of Good Taste


    Cormac... wrote: »
    I'm moving out of a property I've rented for 7 years.
    About 2 years ago we rescued 2 cats.
    I said it to the landlord and he said we weren't meant to have pets but as long as they don't damage the house he's ok with them.
    Yesterday I met him to discuss the deposit and let him have a walk through the property.
    We agreed on a couple of small things that were deductions/replacements amounting to about 15% of the deposit.

    The next day he text me to say he'd had an allergic reaction to the cats (he's a dog owner) and as a result we'd have to get the place cleaned.
    Thing is he wants to get the entirety of the whole property industrially cleaned as apparently the "dander" that cats give off can be in surfaces for 6months and cannot be cleaned out by vacuuming etc.

    So low and behold now he's trying to keep the whole deposit.
    I said we'd vacuum and clean and shampoo the place but now he's saying even the blinds etc have to be chemically cleaned.

    Can someone please advise me if he's allowed do this.
    It's a lot of money and it seems far to convent given there was no damage and he calls for the rent monthly to the house and has not had a reaction before.

    I understand we have to give the property back in the condition that we received it in, but does that include having the place blitzed so it's hypoallergenic?

    I don't know what to do :(

    A few points

    What matter is it to this if the LL is a dog owner? Someone can be allergic to cats without being allergic to dogs. Nevertheless, even if it that wasn't the case, what difference does it make that he has a dog in his private residence? The issue is with your cats in a rental property.

    What's with the quotes around the word dander? Are you suggesting he's making something up? Dander is a real thing and exacerbates some peoples' allergies. Did you not research this before adopting the cats?

    There is a difference between a normal clean/steam clean, and a proper industrial cleaning. If there are were animals in the property for two years, then I would say a proper cleaning is needed.

    I don't know what PRTB can do. Technically you broke the lease. Unless the LL refuses to provide a receipt, what do you expect?


  • Registered Users Posts: 1,099 ✭✭✭maggiepip


    So many landlords seem to try to use any excuse to not give back a deposit, after 7 years, once youve left the place clean, if he wants to deep clean he should pay for it. Reasonable wear and tear is up to the landlord. I think hes being unfair OP and I would contact the PRTB. He said you could have the cats, he didn't say you would have to lose your deposit. He should have told you when he agreed to allow the cats stay that he would be keeping your deposit towards deep cleaning costs, then that would have given you the time to prepare (by saving or whatever) for this loss of money. You could argue a future tenant "may be" allergic to lots of things, doesnt give the right to demand the the present tenant pays. My husband by the way is a landlord and he feels this is unfair treatment.


  • Banned (with Prison Access) Posts: 380 ✭✭macyard


    maggiepip wrote: »
    So many landlords seem to try to use any excuse to not give back a deposit, after 7 years, once youve left the place clean, if he wants to deep clean he should pay for it. Reasonable wear and tear is up to the landlord. I think hes being unfair OP and I would contact the PRTB. He said you could have the cats, he didn't say you would have to lose your deposit. He should have told you when he agreed to allow the cats stay that he would be keeping your deposit towards deep cleaning costs, then that would have given you the time to prepare (by saving or whatever) for this loss of money. You could argue a future tenant "may be" allergic to lots of things, doesnt give the right to demand the the present tenant pays. My husband by the way is a landlord and he feels this is unfair treatment.

    Op need to clean the house to the standard he rented it, to do that he need a deep clean he has to pay for that deep clean.

    The only way to return the place to original is with the deep clean due to the cats a hoover and wash cloth won't do.


  • Registered Users Posts: 1,099 ✭✭✭maggiepip


    macyard wrote: »
    Op need to clean the house to the standard he rented it, to do that he need a deep clean he has to pay for that deep clean.

    The only way to return the place to original is with the deep clean due to the cats a hoover and wash cloth won't do.

    And as I said in my post he should have told them this at the time, when he gave permission for the cats to stay, that would have been fair treatment and given the OP time to get the money together. Landing it on them now by suddenly deciding he wont return deposit is very unfair. It sounds like the place is being left in good condition (small 15%loss of deposit) and the OP is offering to shampoo the place down. I do not consider the landlord is being fair at all.


  • Banned (with Prison Access) Posts: 380 ✭✭macyard


    maggiepip wrote: »
    And as I said in my post he should have told them this at the time, when he gave permission for the cats to stay, that would have been fair treatment and given the OP time to get the money together. Landing it on them now by suddenly deciding he wont return deposit is very unfair. It sounds like the place is being left in good condition (small 15%loss of deposit) and the OP is offering to shampoo the place down. I do not consider the landlord is being fair at all.

    He did he said as long as there was no damage(this was after the op brought them in without asking so it was too late anyway), the fur is damage and needs to be removed to rent it if people have allergies


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  • Registered Users Posts: 1,099 ✭✭✭maggiepip


    macyard wrote: »
    He did he said as long as there was no damage(this was after the op brought them in without asking so it was too late anyway), the fur is damage and needs to be removed to rent it if people have allergies

    Fur is not damage.


  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    maggiepip wrote: »
    Fur is not damage.

    Is dirt?


  • Banned (with Prison Access) Posts: 380 ✭✭macyard


    maggiepip wrote: »
    Fur is not damage.

    Yes it is, is stops the LL re renting the place till it's fixed, there was no fur when he rented the place he needs to return it to that state


  • Registered Users Posts: 26,280 ✭✭✭✭Eric Cartman


    Ive been in houses before where people have cats, and the smell of cat is in everything. People who live there can't smell it as they're used to it. I know well even in my house I can't smell the smoke anymore , even though everyone else who comes in knows theres smokers there by the smell.

    Your landlord getting it industrially cleaned (blinds and all) is very reasonable, ask for a receipt and hope its less than whats left of the deposit.


  • Registered Users Posts: 605 ✭✭✭Todd Toddington III


    to an asthmatic or someone allergic to animal hair, fur is pretty damaging.


  • Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    Your landlord is not being unfair, returning a property to the state that it was in before you arrived is standard. The fact that you brought cats into the equation has just heightened the need for a deep/industrial clean rather than a good scrubbing. Pet hair is above the normal wear and tear and is the reason why so many renters with pets and landlords who accept them seek an additional pet deposit.


  • Registered Users Posts: 17,076 ✭✭✭✭Sleeper12


    Does leaving the place to the standard of when you moved in getting sofa, mattresses, carpets etc industrially cleaned to remove the dust mites that have built up over 7 years? phone Prtb in the morning and see what they say.


  • Closed Accounts Posts: 5,943 ✭✭✭smcgiff


    OP got permission for the pets and must now pay for the cleaning. It's fair the LL is not left with a property that could cause allergies.


  • Registered Users Posts: 24,644 ✭✭✭✭punisher5112


    7 years though people.

    All the places I have rented were filthy going into them and spotless when left.

    Some people live in absolute filth.

    Ask threshold for advice and then bring a case to prtb if you believe the deposit loss is unfair.


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  • Closed Accounts Posts: 1,489 ✭✭✭dissed doc


    I have no idea what the legal perspective is, but it seems reasonable to have a full professional cleaning done after an animal has been living in a dwelling and it is being prepared for new tenants. You would hardly want to rent a place with cat hairs or skin, etc., .

    As to him saying it was okay, it is indeed, but nothing changes on the contract. Drugs are also not allowed probably, but you can still do drugs if you like and simply have to deal with the consequences.

    So, in this scenario, as a member of the court of internet judgement, I side with the landlord :). Only because a professional clean is sort of reasonable if there were pets.


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