Leaving after 1 day

Apt8

Hi all, a friend recently moved into a house, paid 1st month and deposit to a co-tenant, not offered a lease, apparently the tenant has some arrangement with the landlord.

On her first night in the house the tenant she paid got aggresive towards her, just generally made her feel unsafe and unwelcome in the house. The next morning she moved all her stuff out and went to stay with a friend.

Now the tenant in question is refusing to return the deposit and rent, Gardai won't get involved as it's a civil matter, RTB won't either as the property isn't registered.

What legal recourse does she have if any?

fletch

Small Claims Court

Types of claim
The following types of consumer claims can be dealt with under the small claims procedure:

• ...
• Claims for the non-return of a rent deposit for certain kinds of rented properties, such as, a holiday home or a flat in a premises where the landlord also lives.

Does your friend have anything in writing to say she paid the deposit? Bank transfer?

Apt8

Paid in cash unfortunately but she has texts from the guy promising to refund everything once someone else moves in, which he has since confirmed but now refuses to give anything.

Samuel T. Cogley

Not really due any sort of refund of rent unless there was an actual assault. Deposit is a different story.

RTB will get involved in unregistered properties but she may have just been a licencee to the head tenant.

Xterminator

She paid for a month. She stayed part of that month, and yes 1 night is part of the month. Now she is entitled to deposit back, as it was essentially a change of mind.

So be clear she is not automatically entitled to rent return. With that in mind she can speak with landlord about return of deposit only, but if she cannot get satisfaction, then it is the small claims court, keeping the text as evidence, and getting a bank statement to show the money was withdrawn.

from threshold.ie

If you were renting a room(s) in a property where the landlord also resides this is known as a licence arrangement and the normal landlord and tenant laws do not apply. If your deposit is not returned or deductions are made which you feel are unfair then as a licensee, you cannot refer a dispute to the RTB but you may be able to take action through the small claims court. You can apply online for €25 at www.courts.ie and more information is available in the download opposite.

Pkiernan

Op...in this case the co tenant is effectively your landlord.

antix80

Apt8 wrote: »

On her first night in the house the tenant she paid got aggresive towards her, just generally made her feel unsafe and unwelcome in the house.

She could have phoned the gardai when it happened. It's a bit late now I'm afraid.

Dav010

Buyers remorse?

Apt8

So is there any hope of even getting a percentage of the rent back? Considering she has a text from him promising the rent and deposit would be returned in full but now he's refusing to give anything.

the_syco

Apt8 wrote: »

Hi all, a friend recently moved into a house, paid 1st month and deposit to a co-tenant, not offered a lease, apparently the tenant has some arrangement with the landlord.

Your mate was a licensee, because as they paid the co-tenant and don't have a lease, the co-tenant would be their landlord. You've pretty much no rights for a licensee.

Your friend should report it to the Gardai, though. It'd be a nice scam to pull; get deposit & rent, and then act passive aggressive until the licensee leaves.

Graces7

fletch wrote: »

Small Claims Court



?

Agree. They are relying on them not taking action.