Property Law

Your landlord is keeping
your deposit?
You can get it back.

Your rental deposit belongs to you unless your landlord can prove a legitimate reason to retain it. In Ireland, landlords routinely make up or exaggerate damage claims to keep deposits they are not entitled to. The RTB dispute process is specifically designed to recover deposits for tenants — and it works.

28 days
To dispute after tenancy ends
RTB
Binding enforcement
Your money
Burden on landlord to prove
Free
Initial assessment
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The burden of proof is on your landlord, not on you

Under the Residential Tenancies Acts, a landlord may only retain a deposit — in whole or in part — where there is unpaid rent, damage beyond fair wear and tear, or a breach of your tenancy obligations. The landlord must be able to prove the deduction is justified.

Fair wear and tear is normal deterioration from ordinary use over the duration of the tenancy — a worn carpet after three years, faded paint, small scuffs. This is not damage. A landlord cannot charge you for the natural ageing of a property.

If your landlord refuses to return your deposit or makes deductions you believe are unjustified, you can bring a dispute to the Residential Tenancies Board. The RTB adjudicator will require the landlord to provide evidence for every deduction claimed. Vague claims without receipts, quotes, or photographs taken at the time of your departure do not succeed.

Document the property before you leave

Take a full video walkthrough and dated photographs of every room, appliance, and fitting on your last day. Send them to your landlord by email so there is a timestamp. This evidence is often decisive in deposit disputes. If a move-in inventory exists, compare the property's condition against it on departure.

Others in the same situation

Luca, Galway
Landlord claimed new carpet required throughout after four-year tenancy. RTB found this constituted fair wear and tear.
Full deposit returned
Natalia, Limerick
Deposit held for two months after tenancy ended with no communication. RTB added interest and a penalty for the delay.
Deposit plus compensation awarded
Brian, Kildare
Landlord made deductions based on a check-out report conducted without the tenant present and shared only after the dispute was filed.
RTB found process unfair — full deposit ordered returned

Ahmed's story — Cork

"He said I had damaged the flooring, the bathroom tiles, and the kitchen worktop. None of it was true. He kept the full deposit."

Ahmed had rented a two-bedroom apartment in Cork for two and a half years. He kept it in good condition throughout, reported issues promptly, and left it clean and undamaged. The day after he handed back the keys, his landlord sent a message saying significant damage had been found and that the full deposit — €1,400 — was being retained.

The claimed damage included flooring throughout the hallway, a cracked bathroom tile, and a stained kitchen worktop. Ahmed had photographs taken on his final day showing none of these issues. There had been no formal check-out inspection.

He filed a dispute with the RTB. At the adjudication, the landlord produced no photographs, no receipts, and no quotes for the alleged repairs — only a list. Ahmed produced his timestamped photographs and the original check-in inventory, which noted pre-existing marks on the worktop from before he moved in.

The adjudicator found in Ahmed's favour on all three claims. The landlord was ordered to return the full deposit within 14 days.

Full deposit of €1,400 returned by RTB order This story is based on situations commonly experienced in Ireland and is for illustrative purposes only.

Answered plainly

File a dispute online with the Residential Tenancies Board at rtb.ie. You must file within a reasonable timeframe after the tenancy ends. The RTB will notify your landlord, attempt mediation, and if unresolved, assign an adjudicator to hear both sides. The process is free.
Fair wear and tear is normal deterioration from ordinary use — worn carpets, faded paint, small scuffs from daily living. Damage is something beyond this — a burn, a broken fitting, a stain that could not be attributed to normal use. The distinction is assessed on the length of tenancy and the age of the items affected.
From filing a dispute to a determination typically takes three to six months. Mediation, if both parties agree, can resolve the matter more quickly. RTB decisions are binding and enforceable through the courts if the landlord does not comply.
You can apply to the Circuit Court to have the RTB determination order enforced. Failure to comply with an RTB order is a serious matter. The RTB also maintains a register of non-compliant landlords. Your solicitor can advise on enforcement steps.
In some cases, yes. If your landlord's conduct caused additional loss — such as costs incurred because you had to leave early due to an invalid eviction — the RTB can award additional compensation. Unreasonable retention of a deposit without basis can also attract a penalty.

Other situations we can help with

Your deposit is your money.
Your landlord must prove they are entitled to keep it.

Free assessment. No obligation. RTB dispute specialists across all 26 counties.

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