Getting my Deposit Back

ellejola14

Hi Folks,

Can anyone tell me what my rights are in regards to getting my deposit back from renting a room in a private house with no written contract?

I'm there 3 years and have always paid on time and I have never caused my land lady any problem. She has often said that she dreads the day that I'll leave.

I have been moved offices in my work which is over an hours drives away so I'm going to have to move. I start my new job next week and have found suitable accommodation.
When I told her this last night she wasn't happy and complained that she was going to have to go to the trouble of finding a new tenant now. She grumbles a lot about money so now Im afraid that she's not going to give me my deposit back. I haven't caused any damage while I've been there or caused her any hassle.

Can she keep my deposit because I'm only giving her a weeks notice?

Thanks all,

handlemaster

ellejola14 wrote: »

Hi Folks,

Can anyone tell me what my rights are in regards to getting my deposit back from renting a room in a private house with no written contract?

I'm there 3 years and have always paid on time and I have never caused my land lady any problem. She has often said that she dreads the day that I'll leave.

I have been moved offices in my work which is over an hours drives away so I'm going to have to move. I start my new job next week and have found suitable accommodation.
When I told her this last night she wasn't happy and complained that she was going to have to go to the trouble of finding a new tenant now. She grumbles a lot about money so now Im afraid that she's not going to give me my deposit back. I haven't caused any damage while I've been there or caused her any hassle.

Can she keep my deposit because I'm only giving her a weeks notice?

Thanks all,

I think you only have to give 24 hrs notice as you live with her.

groovyg

Have a read of the information here on living with a landlord

http://www.citizensinformation.ie/en/housing/renting_a_home/sharing_accommodation_with_your_landlord.html

Mrs OBumble

You have no rights, but no responsibilities either.

If you were renting and not living with the LL, you would have to give 56 days notice (yup, that's 8 weeks) unless the LL agreed to less. So relatively speaking, you may be doing quite well if you get away with the equivalent of a months notice (assuming your deposit = 4 weeks rent).

That said, just talk to her and negotiate. Perhaps you can help her find a replacement - offer to put up notices in local shops etc for her.

ellejola14

Hi there,

Yes I already offered to put adds up to help her find a tenant But I feel that she will look for a reason to keep the deposit. My room is perfect except for general wear of carpet but absolutely no damage what so ever.

We have built up a good friendship over the last 3 years but when it comes to money she turns very business-like.

groovyg

Well you've got to stand up to her otherwise she'll walk all over you. Was there any agreement between you and her as to how much notice should be given.
How much of a deposit are you due back? Its not up to you to find her a tenant its up to her.
Have a read of this thread and see how things can turn bad.

ellejola14

I Groovyg, No there was never any agreement on notice, I think she was desperate for mortgage help at the time that I moved in and was happy just to get someone because the house isn't just in the most convenient place, kind of in the country. She just asked for the deposit and first months rent up front and nothing more was said. The deposit was €300.
I know its not my problem to find her someone but I was just willing to help her out but her attitude has got me slightly worried.

athtrasna

All you have to give is reasonable notice. There is no definition of reasonable notice but it is generally accepted that it depends on how you pay your rent, if you pay weekly then a week, if you pay monthly then a month. But that is not legally binding.

I do understand that it's a lousy time of year to find a lodger so she may be financially stretched but she has no legal entitlement to hold your deposit beyond any outstanding bills. Be civil but firm. Ideally put things in writing, giving your leaving date and your expectation that your deposit will be returned less any bills.

ellejola14

Folks,

Thanks for all your replies.
I went to see her last night and what unfolded truly shocked me. She was not there when I arrived. Only her boyfriend was in the house ( who does not live there).
He answered the door and was very cold towards me and explained that my Landlady wasn't here but he'd ring to see where she was, which he did. What I heard him say was " This one has just turned up" " Do you want me to say something or wait for you?" He has never had anything to do with the house, doesn't live there and travels a lot for business.

So he came back into the room and began proceeded to tell me that the way I was upping and leaving (gave a weeks notice) was disgraceful and that I needn't ask for a reference because HE wasn't prepared to tell anyone that I was a good tenant, that my name was very important and that it could easily be blackened. It was very intimidating and I felt very uncomfortable to the point where I got up and went to walk out only that my Landlady arrived home. She stood there and allowed him to continue to speak to me like this and she then jumped in to say that there were 2 small marks on my bedroom carpet. ( she already knew about these) I had tried everything to remove them and they were very faint. I also had bought a lovely rug to cover them which she also knew.
SO then they both attacked me verbally saying that there was no way I would ever be getting my deposit back and shouted about how much it was going to take to re-carpet the room. I said that how they were acting was very unfair as I had been a very good lodger and never once caused them a single issue while I was there.

Everything else was left in perfect condition and I even went to the trouble of painting the window sill and radiator just to leave it looking fresher. I also got a new mattress protector and a new fitted sheet The carpet was immaculate apart from the 2 marks, no wear or tear as I never wore my shoes into my room, always took them off at the front door.

I really don't care about the deposit in some ways, If she feels she needs to replace the carpet then so be it (but I know she wont) but the way I was treated was terrible. I felt like a criminal leaving and I was reduced to tears on the way home.

I know I've been a good lodger, never had visitors, constantly cleaned up after her, her BF and her dogs. Always paid my rent and utilities on time and never once came home late and made noise or caused any disturbance. As I said in my earlier post the Landlady always said she dreaded the day I left as she would never find another like me and I really thought we had a genuine friendship.

There's nothing more to say really, I feel like I should email her and let her know that I fell this way but I don't think there is any point. Just needed to get all that off my chest and vent a bit.

Thanks for all your replies to this.

The_Conductor

I'm sorry to hear how things have transpired- in some ways- its why I think it would be a good idea to have a register of Landlords, Tenants- and then adjutant to these- people offering and availing under the rent-a-room scheme (who are obviously neither landlords nor tenants). Unfortunately- short of taking a small claim against her- which will cost you time and stress- all you can really do is chalk it down to experience and move on. Her boyfriend seems like a real work of art. I'd be thanking my luck that I was getting out from under them.

Yes- its 300 Euro- it is a lot of money- however, you could put a lot of effort into chasing it for no return. The only reason I'd even bother chasing it (aside from the financial aspect)- would be to teach her and the boyfriend a lesson- you cannot treat people like this.

Much as I hate to say it- you should move on.

ellejola14

Thank you The Conductor,

Yes I think this will go down in experience. I'm slightly hurt by the end it ended and how she acted towards me. I've been a friend to her in so many ways over the last 3 years, especially when the same BF left her twice and I sat night after night trying my best to cheer her up and just be an ear to hear. He also treated her so poorly on numerous occasions. So for her to stand there and allow him to speak to me like that is hard to comprehend!

But as far as I can see, when it comes down to money (which I know she's obsessed with) everything else goes out the window.
I have no plans to chase the money, what's done is done now. I can live without the money, I'll not starve but I'm very sad that she didn't treat me with a little more respect than what she did.

Time to move on. I live and learn.

groovyg

I kind guessed from the way you described her it wasn't going to end well.
What a horrible and intimidating situation to be put in. Thats no way to treat good tenants.

April 73

I must admit that in your circumstances I would not chalk it down to experience & just forget about it.

I would email or ring her & point out all the ways you were a decent tenant for three years & that you considered you had a friendship as well as a business arrangement.

You are moving on because of a job situation not because you were unhappy in the house.

Point out that you believe you deserve to have your deposit returned but that if she can justify in her mind & in her conscience why you should not have it returned, then you will put it down to not having judged her or your relationship correctly in the past & that it would be a shame to end things with bad feeling.

People should get called out on their bad behaviour & even if you don't get your deposit back you will know that you didn't just accept bad & unjustifiable behaviour, but stood up for yourself.

ellejola14

Thank you April 73,

I do feel like I need to say something to her. Money aside, I am still shocked after the way I was spoken to last night. My Landlady stood back and allowed her BF ( both in 50's) were borderline vicious and it was a very frightful experience.

I am on very good friendly terms with my last 2 landlords/Lady's and still receive Christmas cards from them so to be treated like this is inconceivable and I just cannot get my head around it. It's very upsetting.

Mrs OBumble

ellejola14 wrote: »

...

I never wore my shoes into my room, always took them off at the front door.

...

I know I've been a good lodger, never had visitors, constantly cleaned up after her, her BF and her dogs. ...

OP, you do know that it's not normal to live like this?

Even assuming that you're quite young (which I don't think you are, if you've been there three years and had two previous LL's) - adults regularly wear shoes in the house, have visitors, stay out late if they want to and clean up after themselves (not their LL or housemates).

It's painful at the moment, but I honestly think you're better off out of that house.

Hope you've found somewhere more appropriate to live now.

ellejola14

Thanks Mrs O Bumble,

When I say I didn't wear shoes into my room, Its just a habit I have from growing up at home. Took my shoes off at the back door and put on my slippers to save the carpets from getting grubby.

There were also many occasions when I came home and the sink was full of pot/pans/dishes and so I had to wash up in order to use them myself. Her dogs often made a mess and I had to sweep up after them.

I always went to visit friends instead of them coming to my place because I felt like it wasn't mine to have people over especially as the Landlady was there all the time plus she said at the start that she didn't approve of my Boyfriend staying which is fair enough.

I know I'm better off out of the house, I've moved in with a lovely girl of my own age (26) to a lovely house, visitors are always welcome & she's a clean and tidy person like me.