Landlord refusing to return 20% of deposit

Hi

We moved out on April 25th. €600 of €750 deposit was finally returned on 9th May. There was no explanation as to why the €150 was withheld.

I left 3 voicemails and 2 text messages for the landlord - but no response.

Today she answered when I rang from a private number.

She was immediately defensive and accused us of a taking a toaster and of leaving the place filthy. She claimed that when you lifted the cushions off the sofa you would "vomit" if you had seen the filth which was under them - I was shocked by what she said. She said she had to get professional cleaners in etc etc. I cleaned the house from top to bottom before we left and the toaster was left there - I have no idea where she got the idea that we took the toaster from???

The place was left spotless and the letting agent inspected it and even sent me an email - below - stating so

I spoke with Landlord & emailed her this morning with therecommendation that the full deposit be returned to you at your forwarding address in XXX

Many thanks for returning the house in excellent condition. I’vesuggested to Landlord that she repair the oven door surround – we weren’taware it had come loose & apologies for any inconvenience caused.

I've already lodged a complaint with the PRTB and I'm just wondering if anyone has any experience or thoughts on this. I told the landlord that I would be lodging a complaint as I disputed what she said and she said - go ahead, I want nothing more to do with you - and then she hung up on me. I rang the letting agent who said that he was absolutely shocked by her behaviour and he also has an email similiar to the above sent to her stating that the house was left in excellent condition - the only ailment being the surround of the oven door which he recommended getting fixed but that was wear and tear.

Finally, I don't know weather to text her and tell her I've lodged a dispute with the PRTB - we need to get the €150 back asap as we've just had a new baby and have a lot of expenses. She seems to know that she is in the wrong as she avoided me and she just seems to be cowardly about it. I don't want to wait however long it is with the PRTB to make an adjudication - does anyone know how long it normally takes?

Should I try and communicate with her once more and get a resolution or leave it now that I've lodged the dispute (and paid the €25 fee) with the PRTB?

I just want our money back - as far as I'm concerned she's just as much stolen it as well as accusing of stealing from her. It's now a matter of principal more than anything else. The agent has being helpful but isn't willing to act as a mediator (fair enough I suppose) and just recommended going to the PRTB.

Thanks for any advice

Highly

Hi,

You may get some further advice from www.threshold.ie and if you run the search option in this forum there are other threads about people having the same type of type of problem.

Hope you get it sorted as it seems very unfair.

The PRTB -as shown on a recent Primetime - does not always enforce its decisions. So, even if PRTB rule in your favour but she doesn't pay I wonder whether PRTB will take it further.

Sue Ellen said:

Hi,

You may get some further advice from www.threshold.ie and if you run the search option in this forum there are other threads about people having the same type of type of problem.

Hope you get it sorted as it seems very unfair.

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Thank you - rang Threshold - just said that we have a very strong case and go the PRTB route.

I even have a text from her saying "agent tells me everything is great - thank you"

Would you be able to go to the small claims court for this ?

Small claims court does not deal with this as it is not an item, you must go the the PRTB

Was there an inventory list and if so, was the toaster listed?

Spear said:

Was there an inventory list and if so, was the toaster listed?

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Yes and yes. But toaster was also left there. Hence the complete confusion!!

Unfortunately I'm hearing more stories like this especially during these times of recession. Sounds like your landlord is trying to full a fast one hoping you'll give up and go away.

I would pursue them through the PRTB. Bear in mind it may take a while to get your money back.

Highly - that is unfortunatly very bad behaviour by your landlady. You have stated that you cleaned the place and the agent agreed everything is ok. I cannot understand why landlords don't give back deposits on people moving out.

You are doing the correct procedure with the PRTB, hopefully the shame of the case will make her see the error of her ways and she will pay up. PRTB is very slow, and they will probably make a 'decision' in your favour, but it does not mean that the landlady will pay and you can be sure the PRTB will not 'enforce' their 'decision' by going to court. Best of luck, and do continue with the case and also best of luck with the new baby.

Thanks everyone. We're landlords ourselves as we had to rent out our apartment which we bought 6 years ago - 2 babies later (!) - and I wouldn't dream of treating our tenants the way that she has treated us.

I'm going to contact the agent asking for a copy of the email he sent her and I'm going to upload that to the online dispute I've lodged as evidence and I'm also going to send her a registered letter stating that I have lodged the dispute (with the case number) etc however if the money is returned to us by x date we will obviously withdraw the dispute.

I spoke to a family friend last night who is a solicitor who said that there is even an argument for damages for not responding to calls and messages and the accusation of libel. I don't even want nor care to go down that route but you'd think that she has some cop on. Either way sending her a letter requesting a resolution should back up my case with the PRTB so it won't do any harm.

as I said before, and as Bronte also believes, the chances of getting the money via PRTB are small -I just can't see PRTB pushing for court proceedings over 120 euros when there are several PRTB decisions still not acted on.
Even on cases that are black and white and involve larg amounts there are ,I gather, several cases a year later that involve both tenants or landlords not paying what PRTB decides.

However, if you are willing to make life uncomfortable for an obvious cheat then constantly phone, write and yes, even go down to the defamation route.

oldnick said:

However, if you are willing to make life uncomfortable for an obvious cheat then constantly phone, write and yes, even go down to the defamation route.

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Yes I think I will - as a matter of principle.

Thank you for all your advice