Florin rented a apartment in Kildare for two years. When he decided to move, he expected to get his deposit back within the standard timeframe. The landlord, however, had other plans. Without any warning or discussion, the landlord kept a large portion of the deposit, claiming damage to the property.
The problem was that the landlord's deductions were based entirely on an exit report — a detailed document describing the condition of the apartment when Florin left. Florin wasn't present when this report was drawn up. He had no chance to disagree with what was written, no opportunity to point out that some of the claimed damage had been there when he moved in, and no way to defend himself against what he saw as unfair deductions.
Florin decided to make a complaint to the Residential Tenancies Board (RTB). He knew the law required a fair process, and he felt this wasn't it. When the RTB examined the case, they agreed. The landlord had not followed the proper procedures. An exit report used to justify deposit deductions must be carried out with the tenant present — or at minimum, the tenant must have a genuine chance to dispute its contents before money is withheld. The RTB ordered the landlord to return the full deposit amount to Florin.
In Ireland, a landlord can only deduct money from a tenant's deposit for genuine breaches of the tenancy agreement or damage caused by the tenant beyond normal wear and tear. Any decision to make deductions must follow a fair process. This means the tenant must be given clear details of what damage or breach is being claimed, and they must have a reasonable opportunity to respond before money is deducted. Using an exit report prepared without the tenant's knowledge or agreement, especially one the tenant cannot properly challenge, breaks this basic fairness requirement. The RTB exists to enforce these protections.
If your deposit is not returned within 30 days of the tenancy ending, or if it is deducted unfairly, you have rights. You can make a complaint to the RTB. However, this must generally be done within 6 months of the end of your tenancy. Do not wait too long — evidence can disappear and memories fade. If you believe your landlord has unfairly withheld your deposit, gather all your records, including your tenancy agreement, photographs from when you moved in and out, any correspondence with the landlord, and the breakdown of deductions (if you received one). Contact the RTB as soon as you can.
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