Getting back my deposit

whattodo1

Hi Im not sure if this is the right place but im wondering when you leave a house how quick should you get your deposit back?

Immaculata

The landlord, ideally, should come over on the day you've left and check the place out. If everything's okay, bar ordinary wear and tear, he or she should transfer the deposit back to you then. So in my opinion, you shouldn't be waiting more than a week.

After all, you need the deposit so you can use it to secure your next place.

mickmac76

Were you present when the landlord did his final inspection and did he have any concerns or comments about the property. It should only take at most 2 working days to get the deposit back if transferring from one Irish bank to another.

GGTrek

Immaculata wrote: »

The landlord, ideally, should come over on the day you've left and check the place out. If everything's okay, bar ordinary wear and tear, he or she should transfer the deposit back to you then. So in my opinion, you shouldn't be waiting more than a week.

After all, you need the deposit so you can use it to secure your next place.

This is really giving over expectations to the OP.
The lanldlord or his agent will need to check the full property afterward, verify with the utilities companies that bills have been paid. Just today I discovered that a tenant that left last week did not close the bills and left a lot of rubbish hidden and I shall have costs to remove his stuff.

A decent landlord will check every outstanding issue as quickly as possible and return deposit normally within a week.

"After all, you need the deposit so you can use it to secure your next place." This would be a very big red flag for me if told by a new tenant, it means the tenant has no savings or no financial planning skills (i.e. spends everything he/she earns) and he/she is going to have problems paying rent if he/she is so short on cash.

big syke

GGTrek wrote: »

This would be a very big red flag for me if told by a new tenant, it means the tenant has no savings or no financial planning skills (i.e. spends everything he/she earns) and he/she is going to have problems paying rent if he/she is so short on cash.

Ridiculous point. Hardly a very big red flag that a tenant wants their Deposit back to use for the next tenancy.

What if they have substantial savings in a 30/60/90 days deposit account?

I imagine you are a delightful Landlord.

whattodo1

I don't need it for a deposit on a new place funny the way people assume on here, I moved out wednesday other then 2 walls to be painted the house is prestine, Actually when I moved in it was filthy and walls were disgusting and carpets all they did was clean carpets and I had to decorate myself.

Also Id like to know whats the usual amount off the top of someones head that usually is needed to be taken out for painting etc?

GGTrek

big syke wrote: »

GGTrek wrote: »

This would be a very big red flag for me if told by a new tenant, it means the tenant has no savings or no financial planning skills (i.e. spends everything he/she earns) and he/she is going to have problems paying rent if he/she is so short on cash.

Ridiculous point. Hardly a very big red flag that a tenant wants their Deposit back to use for the next tenancy.

What if they have substantial savings in a 30/60/90 days deposit account?

I imagine you are a delightful Landlord.

You are moving goal post and making personal comments on me without even knowing me personally. I provided a few business reasons. A tenant with funds like you describe will have no problems in finding the deposit or showing proof.

Many people do not like to hear how the other side think, there is nothing personal. Most of the decisions are taken with a view to reduce business risk.

As I said in a previous posts a while ago I am not running a popularity contest in this forum, I am sure your post will be very popular, but it is probably more beneficial to the OP and the other post to hear about the reality of the matter even if it might not be good news.

rawn

GGTrek wrote:

As I said in a previous posts a while ago I am not running a popularity contest in this forum, I am sure your post will be very popular, but it is probably more beneficial to the OP and the other post to hear about the reality of the matter even if it might not be good news.

I don't understand why the outgoing landlord would be concerned with the tenants ability to save though?

FishOnABike

whattodo1 wrote: »

I don't need it for a deposit on a new place funny the way people assume on here, I moved out wednesday other then 2 walls to be painted the house is prestine, Actually when I moved in it was filthy and walls were disgusting and carpets all they did was clean carpets and I had to decorate myself.

Also Id like to know whats the usual amount off the top of someones head that usually is needed to be taken out for painting etc?

Nothing. Routine maintenance and redecorating is not deductable from your deposit. The deposit is only against damage beyond normal wear and tear.

Chuchote

Tenants I know had their ex-landlord keep €500 out of their €1,500 deposit because of 'cobwebs' and 'unkempt garden'. They got most of this back from the landlord by going to the PTRB; in my opinion they should have got it all back, but their landlord talks a good game. The next tenants in the house got all of the deposit back without question…

OP, I hope you took photos showing the filth of the house when you moved in, in case you have to go to the Board.

whattodo1

Chuchote wrote: »

Tenants I know had their ex-landlord keep €500 out of their €1,500 deposit because of 'cobwebs' and 'unkempt garden'. They got most of this back from the landlord by going to the PTRB; in my opinion they should have got it all back, but their landlord talks a good game. The next tenants in the house got all of the deposit back without question…

OP, I hope you took photos showing the filth of the house when you moved in, in case you have to go to the Board.

I have them on my laptop its just to find them now, I gave 1,000e deposit if ive to go down the prtb route I will, im probably overracting its just hes notorious for taking it all.

FishOnABike

whattodo1 wrote: »

I have them on my laptop its just to find them now, I gave 1,000e deposit if ive to go down the prtb route I will, im probably overracting its just hes notorious for taking it all.

:eek:
You should get the full €1000 deposit back. Make sure you take pictures of showing the condition you are returning the property in. From your description you are handing it back in better condition than you found it.

I wouldn't take any messing from a chancer to seems to look on the deposit as some sort of personal bonus payment.

Taking any of your deposit other than to cover the cost of damage beyond reasonable wear and tear is theft.

__Alex__

rawn wrote: »

I don't understand why the outgoing landlord would be concerned with the tenants ability to save though?

Yes, that's of no relevance to the return of a deposit.

whattodo1

FishOnABike wrote: »

:eek:
You should get the full €1000 deposit back. Make sure you take pictures of showing the condition you are returning the property in. From your description you are handing it back in better condition than you found it.

I wouldn't take any messing from a chancer to seems to look on the deposit as some sort of personal bonus payment.

Taking any of your deposit other than to cover the cost of damage beyond reasonable wear and tear is theft.

Great thanks yes the house is better condition now then the day I was given the keys, I rang again today and was told tomoro yet I was told on thursday id get it monday, so fingers crossed I get it in the morning.

Samuel T. Cogley

Utilities shouldn't really be an issue if proper meter readings are taken. The LL is not liable for the tenants bills.

However one needs time to inspect the apartment and get the money transferred back by bank transfer, so I'd consider a week to be reasonable. As for deposit for the new place, all the more reason to move to a security + first and last month's model.

newacc2015

GGTrek wrote: »

I provided a few business reasons. A tenant with funds like you describe will have no problems in finding the deposit or showing proof.

I agree with you. If I was letting a house to a tenant, would I hold it for them if 'they were just waiting on their deposit from their former landlord'? Absolutely not, as a tenant who so financial short that they can't even pay a month plus deposit as is. If have ever get their hours cut or are sick, they will fall behind on their rent

IMO renting Ireland will be more like NY in years to come ie you need 3 months rent as a deposit if you have a good credit rating and 6 months if you have poor/no credit. Although that will make renting unsuitable for a lot of people. If you can evict a non-paying tenant for a while, you want to make sure they are finally gone you have a deposit for the rent arrears they clearly wont pay since they left.

Browney7

newacc2015 wrote: »

I agree with you. If I was letting a house to a tenant, would I hold it for them if 'they were just waiting on their deposit from their former landlord'? Absolutely not, as a tenant who so financial short that they can't even pay a month plus deposit as is. If have ever get their hours cut or are sick, they will fall behind on their rent

IMO renting Ireland will be more like NY in years to come ie you need 3 months rent as a deposit if you have a good credit rating and 6 months if you have poor/no credit. Although that will make renting unsuitable for a lot of people. If you can evict a non-paying tenant for a while, you want to make sure they are finally gone you have a deposit for the rent arrears they clearly wont pay since they left.

Who would hold the deposit in this case? The landlord? Exposes a tenant to a landlord who is in trouble with the bank and won't get their deposit back. in the current climate, any tenant who seeks to do due diligence on a landlord's ability will be met with a "next!". Plus, there's no downside for a landlord at the moment who tries to withhold some of a deposit on tenants not fully aware of rules. If the tenant is aware and threatens to use the RtB all good but a lot of people want a quiet life.

Dublin and New York? Dublin is a pretty inconsequential capital city of a small country on the periphery of Europe.

whattodo1

Ive just been on again and got fobbed off once again and was told there was problems, she told me there was a check at the start of the lease and stuff were in the house little things like cushions mats and the werent as I realised as I lived there.........Its like my word against theres now when I know Ive done nothing wrong or taken anything.

big syke

whattodo1 wrote: »

Ive just been on again and got fobbed off once again and was told there was problems, she told me there was a check at the start of the lease and stuff were in the house little things like cushions mats and the werent as I realised as I lived there.........Its like my word against theres now when I know Ive done nothing wrong or taken anything.

What was on the Inventory section of your Lease? This is important in regards to cushions and matts. The onus is on the Landlord to show they were in the property at the beginning of the Tenancy.

Unfortunately the law in Ireland is very weak in regards to getting the deposit back (for example the deposit should be returned promptly but this is not defined)

Just look at the difference between Ireland and Germany (I know I am comparing chalk and cheese but it is still interesting)

http://www.eur.army.mil/21TSC/SJA/LegalAssist/Areas-Real%20Property/Getting%20Back%20German%20Rental%20Security%20Deposits.pdf

Browney7

whattodo1 wrote: »

Ive just been on again and got fobbed off once again and was told there was problems, she told me there was a check at the start of the lease and stuff were in the house little things like cushions mats and the werent as I realised as I lived there.........Its like my word against theres now when I know Ive done nothing wrong or taken anything.

Have you moved out? Provided you don't need a reference or the like, if you believe you've left the place better than you found it and haven't robbed their precious cushions and mats respond saying you want the deposit in your account by Thursday with accompanying proof of transfer or else you will raise a complaint with the RTB.

Possible the agent has been given the deposit by the landlord and is trying to keep a bit for themselves

FishOnABike

whattodo1 wrote: »

Ive just been on again and got fobbed off once again and was told there was problems, she told me there was a check at the start of the lease and stuff were in the house little things like cushions mats and the werent as I realised as I lived there.........Its like my word against theres now when I know Ive done nothing wrong or taken anything.

Was there a written checklist, that was signed by both of you as part of the original lease or is it just her unsupported claims?

Ask for a written list of what she claims is missing (and copies of the receipts for when they were bought. Receipts should have been kept for several years for tax purposes if claimed as expenses. If they weren't claimed for did they ever exist?

Compare her list of 'missing' items with your photos from when you moved in. If they are not in your photo's that points to them not being there in the first place.

Your LL sounds like an amateur who has spent the deposit and is looking for any way to avoid having to return money owed to you. This is why we need a proper escrow deposit system - either an independent body like Australia or escrow account like Germany, especially if the trend is for larger and larger deposits.

whattodo1

Ive the list yes and we only went through stuff that was broken when I took the house, this is an estate agents that has done this to people before. He told me that electricians were needed in the house.

Id problems from day one and I told them about this esb networks had to replace the lines oitside of the house and everything and he said he didnt remember.

Im on my own with 3 small children and I just feel now im being made a fool of im paying for what state the last vile tenants left the house in.

He even mentioned court and ive done nothing wrong.

Browney7

whattodo1 wrote: »

Ive the list yes and we only went through stuff that was broken when I took the house, this is an estate agents that has done this to people before. He told me that electricians were needed in the house.

Id problems from day one and I told them about this esb networks had to replace the lines oitside of the house and everything and he said he didnt remember.

Im on my own with 3 small children and I just feel now im being made a fool of im paying for what state the last vile tenants left the house in.

He even mentioned court and ive done nothing wrong.

Yeah he'll bring you to court all right straight off the bat and not go to the RTB (said no one ever). This is a scare tactic. Electricians not your problem.

If it was me I'd send in a dispute to the RTB and send a complaint about the agent to the Property Services Regulatory Authority seeing as they don't want to play ball.

Contact Threshold would be my advice

whattodo1

Browney7 wrote: »

Yeah he'll bring you to court all right straight off the bat and not go to the RTB (said no one ever). This is a scare tactic. Electricians not your problem.

If it was me I'd send in a dispute to the RTB and send a complaint about the agent to the Property Services Regulatory Authority seeing as they don't want to play ball.

Contact Threshold would be my advice

Will do that thanks.

big syke

Browney7 wrote: »

Yeah he'll bring you to court all right straight off the bat and not go to the RTB (said no one ever). This is a scare tactic. Electricians not your problem.

If it was me I'd send in a dispute to the RTB and send a complaint about the agent to the Property Services Regulatory Authority seeing as they don't want to play ball.

Contact Threshold would be my advice

Good advice that I would echo.

I would send the dispute to the RTB and the complaint about the agent to the Property Services Regulatory Authority by registered post and "CC" the agent also by registered post.

Hate to see someone in a situation like this by a bully of an estate agent.

FishOnABike

Does the LL have an inventory, signed by you at the start of your tenancy, listing the things now claimed as missing. If not I'd play hardball.
Look for an itemised list of what the LL now claims is missing.
Look for copies of receipts for each item.
Compare the photos you have to the itemised list for obvious inconsistencies to show the LL is trying to pull a fast one.
Take it all the way to the RTB if necessary.

GGTrek

whattodo1 wrote: »

Ive the list yes and we only went through stuff that was broken when I took the house, this is an estate agents that has done this to people before. He told me that electricians were needed in the house.

Id problems from day one and I told them about this esb networks had to replace the lines oitside of the house and everything and he said he didnt remember.

Im on my own with 3 small children and I just feel now im being made a fool of im paying for what state the last vile tenants left the house in.

He even mentioned court and ive done nothing wrong.

The agent is talking BS and he/she is probably a chancer. Have you got photos of your property before you left? Have you checked your inventory? Electrical wiring outside the house unless he can prove that there was malicious damage (like you ripped off the wiring) there is no chance at all it can be your fault.

My suggestion is to call the agent again and ask for photos showing the damage and asking how it is possible that you caused the damage and to stop these scare tactics of court because they would be very counterproductive to the landlord and to him. Ask him for photos of the stuff in the inventory that he is claiming it is missing (he/she will have to produce them if she is claiming they are missing), tell him that you would like to settle the matter amicably but you cannot be taken as a fool.

One suggestion, I know it might sound unfair, but life is always unfair: if the agent is just looking for 50-100 euros of discount from the deposit I strongly suggest you to agree to this and close the matter quickly. For such small sums and you having three children to take care of, it is not worth loosing a big amount of time and stress through legal battles.

whattodo1

GGTrek wrote: »

The agent is talking BS and he/she is probably a chancer. Have you got photos of your property before you left? Have you checked your inventory? Electrical wiring outside the house unless he can prove that there was malicious damage (like you ripped off the wiring) there is no chance at all it can be your fault.

My suggestion is to call the agent again and ask for photos showing the damage and asking how it is possible that you caused the damage and to stop these scare tactics of court because they would be very counterproductive to the landlord and to him. Ask him for photos of the stuff in the inventory that he is claiming it is missing (he/she will have to produce them if she is claiming they are missing), tell him that you would like to settle the matter amicably but you cannot be taken as a fool.

One suggestion, I know it might sound unfair, but life is always unfair: if the agent is just looking for 50-100 euros of discount from the deposit I strongly suggest you to agree to this and close the matter quickly. For such small sums and you having three children to take care of, it is not worth loosing a big amount of time and stress through legal battles.

Ill ask them for the photos yes, Ive been talking to him again now hes saying there was blinds upstairs, its actually one thing after another im so upset. Ive got emails off esb for the work and dates also. He also said why didnt I ask for blinds or stuff painted etc which I did I really don't know what they are running im actually suprised they are still a business.

Yes I will take it if its only that Ive no time or energy but im just disapointed im being treated like a fool. Ive now been told it will be sorted thursday or friday.

FishOnABike

whattodo1 wrote: »

Ill ask them for the photos yes, Ive been talking to him again now hes saying there was blinds upstairs, its actually one thing after another im so upset. Ive got emails off esb for the work and dates also. He also said why didnt I ask for blinds or stuff painted etc which I did I really don't know what they are running im actually suprised they are still a business.

Yes I will take it if its only that Ive no time or energy but im just disapointed im being treated like a fool. Ive now been told it will be sorted thursday or friday.

The LL / agent are contradicting themselves. I would record any calls with them and / or only deal with them in writing.

Even if you could write off what they are trying to withhold I'd be inclined to complain to the RTB and / or Property Services Regulatory Authority anyway. If previous tenants had complained the LL / agent might not have been as inclined to try it on again and if they did they might be less likely to be believed.

Chuchote

whattodo1 wrote: »

Yes I will take it if its only that Ive no time or energy but im just disapointed im being treated like a fool. Ive now been told it will be sorted thursday or friday.

If things are as you say, you're entitled to your money back. If the landlord or agent keeps dragging it on, just go to the RTB and let them sort it out; bring the emails and photos and so on (get the photos printed off, not dear) http://www.rtb.ie/

newacc2015

Browney7 wrote: »

Who would hold the deposit in this case? The landlord? Exposes a tenant to a landlord who is in trouble with the bank and won't get their deposit back. in the current climate, any tenant who seeks to do due diligence on a landlord's ability will be met with a "next!". Plus, there's no downside for a landlord at the moment who tries to withhold some of a deposit on tenants not fully aware of rules. If the tenant is aware and threatens to use the RtB all good but a lot of people want a quiet life.

Dublin and New York? Dublin is a pretty inconsequential capital city of a small country on the periphery of Europe.

There are third parties like Deposify who will hold the deposit in escrow (ironically they are an Irish company who does a lot of business in the US). So the small chance your landlord goes into receiver is no longer an issue

I think a massive fine from the RTB is a massive determinant to a LL unfairly withholding a deposit. Plus only 0.15% of all tenancies end in an unfairly withheld deposit, which is a tiny issue. If a tenant doesnt want to go to the RTB as they want a quiet life, I hope it works out of them. But it is no one elses fault but their own if they dont use resources at hand.

Should I have chosen Omaha, Nebraska or Reno, NV as an example then? The city is irrelevant, the point that sizeable deposits are the norm in most other countries and should be here too.