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Withholding a deposit

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  • 02-05-2016 7:51pm
    #1
    Melisandre121
    Registered Users Posts: 1,117 ✭✭✭


    I was a sublesee in an apartment and since moving out they haven't returned my deposit as they said they need to deduct money for damage. They said there's stains on the carpet, a smashed mirror in my room (which wasn't properly hung up to begin with) and some discolouration on the wall from my TV.

    Do they legally have a right to deduct from my deposit? Shouldn't that be the landlords decision at the end of the tenancy?


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    #2
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    The landlord in you case is the person you were leasing from.


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    #3
    Robbo
    Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,563 Mod ✭✭✭✭Robbo


    Moved to Accomodation & Property.


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    #4
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Were you responsible for the stains on the carpet and the wall discolouration OP?


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    #5
    Mrs OBumble
    Registered Users Posts: 25,966 ✭✭✭✭Mrs OBumble


    Melisandre121 wrote: »
    and some discolouration on the wall from my TV.

    How exactly does a TV cause discolouration on a wall?

    Unless it's been there for years, and the sun(*) has faded the wallpaper everywhere except where it was blocked by the TV.

    (*) not a likely scenario given Ireland's not-so-sunny nature, but it can happen overseas!


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    #6
    Melisandre121
    Registered Users Posts: 1,117 ✭✭✭Melisandre121


    Mrs OBumble wrote: »
    How exactly does a TV cause discolouration on a wall?

    Unless it's been there for years, and the sun(*) has faded the wallpaper everywhere except where it was blocked by the TV.

    (*) not a likely scenario given Ireland's not-so-sunny nature, but it can happen overseas!

    Burn marks from the TV.. I did notice them before I left and I do accept responsibility for it.

    They had a carpet cleaner in to remove the stains, but they didn't budge and now they're refusing to give me my deposit until they're gone, but I'm not sure what exactly I can do if the stains aren't coming out?? It's been over a month since I moved out and I need my deposit back so it's getting annoying at this stage.


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    #7
    Maireadio
    Closed Accounts Posts: 662 ✭✭✭Maireadio


    Did you cause the stains? Are they very noticeable?

    I know it can be hard to never spill things on carpets but if the stains aren't coming out then that might be something you have to pony up for. I know it's painful but look at it from their point of view. New tenants would be wary of the stains as they don't know what they are. Would you like to see a stained carpet in a new place you were renting?

    Sometime you just have to accept that you'll have to pay for something to be replaced. For example, I know that I'll have to pay for a new mattress when I move out of my current place. I spilled tea on it (that managed to seep through the "mattress protector" :( ), but the landlord and new tenants won't know that that's all it is, the stain could be sometime more gross as far as they're concerned!


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    #8
    Melisandre121
    Registered Users Posts: 1,117 ✭✭✭Melisandre121


    Maireadio wrote: »
    Did you cause the stains? Are they very noticeable?

    I know it can be hard to never spill things on carpets but if the stains aren't coming out then that might be something you have to pony up for. I know it's painful but look at it from their point of view. New tenants would be wary of the stains as they don't know what they are. Would you like to see a stained carpet in a new place you were renting?

    Sometime you just have to accept that you'll have to pay for something to be replaced. For example, I know that I'll have to pay for a new mattress when I move out of my current place. I spilled tea on it (that managed to seep through the "mattress protector" :( ), but the landlord and new tenants won't know that that's all it is, the stain could be sometime more gross as far as they're concerned!

    I totally accept responsibility and don't mind forking over, it's just I already allowed them to take money from my deposit to have the stains cleaned and now that they're not being removed they're saying I can't have it back til they're gone. I'm just not sure what more they want as I'm not sure how exactly they can be removed at this stage bar recarpeting which means they'd have to recarpet the whole apartment.


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    #9
    Zulu
    Registered Users Posts: 10,965 ✭✭✭✭Zulu


    ...which means your deposit will be used to cover the replacement carpet. This is/isn't fair depending on your perspective, but if it's not "wear & tear" and you "totally accept responsibility" I think you already know your answer.


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    #10
    Melisandre121
    Registered Users Posts: 1,117 ✭✭✭Melisandre121


    Zulu wrote: »
    ...which means your deposit will be used to cover the replacement carpet. This is/isn't fair depending on your perspective, but if it's not "wear & tear" and you "totally accept responsibility" I think you already know your answer.

    But this means I don't get my deposit back until they decide to move out and recarpet?


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    #11
    RossieMan
    Registered Users Posts: 6,766 ✭✭✭RossieMan


    You don't get your deposit back I'd say. If you caused the stains, it's up to you to sort it. Stains not coming out is not a valid excuse.


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    #12
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    Melisandre121 wrote: »
    But this means I don't get my deposit back until they decide to move out and recarpet?

    Probably means you won't get your deposit back if they have to pay for carpet?


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    #13
    petes
    Registered Users Posts: 8,382 ✭✭✭petes


    Melisandre121 wrote: »
    But this means I don't get my deposit back until they decide to move out and recarpet?

    No, it means you don't get your deposit back, it will go towards the cost of the carpet.


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    #14
    Melisandre121
    Registered Users Posts: 1,117 ✭✭✭Melisandre121


    Stheno wrote: »
    Probably means you won't get your deposit back if they have to pay for carpet?

    I highly doubt carpeting a small double room is the cost of a full deposit? There are stains all over the apartment, not just my room, so this is a problem for them also.


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    #15
    Melisandre121
    Registered Users Posts: 1,117 ✭✭✭Melisandre121


    I also think it's fair to note that the carpet is beige and is very easily stained


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    #16
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Melisandre121 wrote: »
    I also think it's fair to note that the carpet is beige and is very easily stained

    I think it's fair to note you've noted that and too be fair you'd note to be careful with it.

    Seriously though you should be furnished with an itemised receipt promptly. They can't leave it until they move out. If a receipt and remainer of the deposit or indeed a bill for the amount not covered is not forthcoming use the Small Claims procedure, I'd advise them to do the same against you if the deposit doesn't cover the damage.


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    #17
    gl0Rob
    Registered Users Posts: 105 ✭✭gl0Rob


    Melisandre121 wrote: »
    I also think it's fair to note that the carpet is beige and is very easily stained

    Was it beige when you moved in ?


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    #18
    El_Duderino 09
    Registered Users Posts: 20,261 ✭✭✭✭El_Duderino 09


    What kind of stains are they? Tea stains or spilled a can of paint on the carpet stains? Have they shown pictures of the stain after cleaning?

    Have they provided a receipt from the carpet cleaner or hire of a carpet cleaner? I'd want to be sure the carpet cleaner didn't clean all the carpets in the house out of your deposit.


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    #19
    Melisandre121
    Registered Users Posts: 1,117 ✭✭✭Melisandre121


    El_Duderino 09 wrote: »
    What kind of stains are they? Tea stains or spilled a can of paint on the carpet stains? Have they shown pictures of the stain after cleaning?

    Have they provided a receipt from the carpet cleaner or hire of a carpet cleaner? I'd want to be sure the carpet cleaner didn't clean all the carpets in the house out of your deposit.

    They are coffee stains. That's a good point actually, thanks. I haven't gotten receipts so I'll have to ask for them.


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    #20
    RossieMan
    Registered Users Posts: 6,766 ✭✭✭RossieMan


    The colour of the carpet bears no meaning to the argument. If it wasn't there before you moved in, you pay to fix it. It's not normal wear and tear.

    They have to use your deposit to fix it though, they can't just keep it.


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    #21
    El_Duderino 09
    Registered Users Posts: 20,261 ✭✭✭✭El_Duderino 09


    Melisandre121 wrote:
    They are coffee stains. That's a good point actually, thanks. I haven't gotten receipts so I'll have to ask for them.

    Last time I got carpets cleaned, the guy had prices for individual room types and other items like sofas. Worth finding out abd getting an itemised bill.

    Even if the stains are still there after cleaning, I would still ask some time more questions. How old was the carpet and was it close to being replaced anyway? We're there other stains or was it perfectly clear of stains before the coffee stains?

    Are they relacing the carpet? If not then how are they deciding how much of your deposit is appropriate to compensate them for the stain? It could be ligitimate but they could be chancing their arm. If it's ligitimate then they will have no problem providing an itemised bill from carpet cleaner, evidence that the stain hadn't been removed, costs associated with replacing the carpet.

    Failing that I'd ask for my deposit back and offer €50 to placate them. If they're willing to live with the stain then it's not worth taking the whole deposit.


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