Departing rental property - deposit

DUBLINIRL

On the date we leave the apartment we rent we will send the landlord a message saying it is ready for inspection but we are looking to address the deposit.

We will include something in the message along the lines of please return the deposit by bank transfer. If you deem it necessary to withhold any of the deposit please provide a breakdown of the charges and and commentary as to why this is not part of normal wear and tear and therefore to be deducted from the deposit, etc.

Is there any requirement for the landlord to provide a breakdown by cost and is there any templates available.

Thanks.

alias no.9

84 days is the prescribed notice period but any smart landlord will accept a hassle free handover of the property. The landlord will want something that's on the record to show that it's your decision to terminate, there are sample notices of termination for both landlords and tenants on the RTB website.

https://www.rtb.ie/registration-and-compliance/ending-a-tenancy/sample-notices-of-termination

DUBLINIRL

https://www.boards.ie/discussion/comment/122618972#Comment_122618972

If they rent the apartment to the next tenant before the 84 days is up can they still charge us for the full 84 days?

Allinall

Here’s a novel idea. Why not pick up the phone and talk to the landlord. Tell them your intentions; ask about the deposit and take it from there.

99% of tenancies end like that.

alias no.9

https://www.boards.ie/discussion/comment/122618981#Comment_122618981

The most they could try to come after you for would be for any void period, having made reasonable efforts to let the apartment again. In most areas, a next day letting would be possible these days.

In practice, most landlords would be happy with a months notice and a clean handover give them notice in writing for their records and talk to them.

DUBLINIRL

I will obviously have a chat with them in a friendly manner but just good to know where I stand if they look to get 3 months rent from date of notice.

We will leave the apartment in the best condition possible but we will move on once we have access to our new place rather than waiting out 84 days and with the rental market at the moment a month or two of rent is a lot of money.

We deal with a letting agent rather than a landlord so they are more likely to try to get the maximum out of us than having a chat with the owner.

Ezeoul

I would not say anything like this…

If you deem it necessary to withhold any of the deposit please provide a breakdown of the charges and and commentary as to why this is not part of normal wear and tear and therefore to be deducted from the deposit, etc.

That's like opening the door for them to look for something to deduct. Only get into that if they do make a deduction.

mrslancaster

https://www.boards.ie/discussion/2058369127/departing-rental-property-deposit

How long have you been renting the apartment? Some information here on notice periods:

https://www.rtb.ie/registration-and-compliance/ending-a-tenancy/how-a-tenant-can-end-a-tenancy.

Rows Grower

https://www.boards.ie/discussion/comment/122619036#Comment_122619036

A next day letting is possible, but very unlikely in the real world.

DUBLINIRL

https://www.boards.ie/discussion/comment/122619892#Comment_122619892

I've a query with the RTB if they rent it out before the 84 day notice period has passed if I'm still liability for the full 84 days notice / rent payable.

mrslancaster

https://www.boards.ie/discussion/comment/122620106#Comment_122620106

Your post is not clear OP. Was the required notice 84 days? Did you give 84 days but want to leave before then with your deposit and leave the apartment empty? Also check your lease.

If you already gave 84 days notice, work with the letting agent and let them show the apartment while you are still living there. They will find a new tenant quickly enough in the current market. When you leave, the apartment will need to be professionally cleaned, any repairs and maintenance, repainting, locks changed etc, so suppliers need to be booked to get work done as quickly as possible. A new tenant's paperwork also takes time to finalise. The landlord should waive any notice period charge from the date a new tenancy starts. If you just vanish, you may lose your deposit and it's unlikely you would get a reference should you need it.

DUBLINIRL

The last post made it sound like I'm up to no good... are you a landlord?:)

I'll pay what I have to but plan to know my rights and obligations before I potentially end up paying a couple of grand more than what is required.

antodeco

Just to jump in on this, if you forgo your notice period and just leave let's say 54 days into your 84 day notice, will the landlord come after you for missed rent and hold the deposit?

DUBLINIRL

I would think yes but the deposit is more than the cost of the remaining days.

ballyharpat

so you do not want to do things by the book, even though it's heavier in a tenants favour, but you want him also to look positively on you not doing things by the book?

BTW, I am a landlord, I had a tenant for 3 years, their hours got cut in their job, so they had to relocate, I told them, whenever they know when they are moving let me know, I said if I could get 4 weeks notice, that would be ok for me. I also left them use the deposit for the last months rent. They are hard workers, we had our issues, but the rent was paid. They knew and were willing to forego all the money up to the required time, but 'I' chose to let it go, had they done things like you, it would have been different.

I needed time to find a 'good tenant, not just 'a' tenant. She is moving in 4 days after these tenants move out.

The turnaround is fast for me because I'm a carpenter/painter, I will go in with two other guys and knock it out.

When I am pricing jobs at the minute, there is a 4-6 week waiting period for me, that is for most landlords to get a tradesman, then they may have to align tradesmen, so the wait could be longer.

You are going to do whatever you are going to do, but it will come back to bite you in the a**, but if it were me, I'd be communicating with my landlord and offering to do things by the book, and hoping he would be lenient with me.

antodeco

https://www.boards.ie/discussion/comment/122623538#Comment_122623538

I really wish this was the case. 5 years of rent increases means my deposit I a good 10% less than a month's rent 😅

mrslancaster

https://www.boards.ie/discussion/comment/122623443#Comment_122623443

Not a landlord, I just believe that the rules should be followed by tenants as well as landlords. If your landlord tried to terminate your lease early by giving less than the required number of days notice, you wouldn't be too happy, and posters on here or threshold, would rightly tell you to report the landlord to the rtb. It should be possible to come to an agreement with the landlord about leaving before the 12 weeks are up.

From the RTB:

A tenant can give a landlord a shorter period of notice than required, if the landlord agrees to this at the time the tenant is seeking to terminate the tenancy. However, if there is no agreement reached with the landlord and the tenant leaves a rented dwelling and does not serve a notice of termination or gives inadequate notice, the landlord may be entitled to the rent for the period of the notice that should have been given.  A landlord may be entitled to retain part or all of the deposit to cover this amount. 

mrslancaster

https://www.boards.ie/discussion/comment/122626731#Comment_122626731

My nephew is renting with friends and their rent has increased by the allowed % every year. At the same time, they are charged for the extra security deposit amount to keep it in line with the monthly rent. Nephew said that happens now with most of their friends.