Getting Your Rent Deposit Back

 

 

Getting Your Rent Deposit Back

 

 

1.      Am I entitled to get my rent deposit back?

YES. Once you have given the proper notice, do not have any rent owing  and did not damage the dwelling you resided in, your landlord is legally required to return your rent deposit promptly.

 

2.      How do I know how much notice I must give?

Under section 59 of The Private Residential Tenancies Act 2004 the notice periods are as follows, and apply equally to both landlord and tenant.

·         Less than 6 months – 28 days notice by both landlord and tenant.

·         More than 6 months, less than a year – 35 days notice by both landlord and tenant.

·         A year or more but less than 2 years – 42 days notice by both landlord and tenant.

·         Two years or more but less than 3 years – 56 days notice by both landlord and tenant.

·         Three years or more but less than 4 years – 84 days notice by the landlord and 56 days notice by the tenant.

·         More than four years – 112 days notice by the landlord and 56 days notice by the tenant.

 

3.      How do I give notice?                                                                                        

 

 Section 62 of the same act sets out the essential contents:

·         Be in writing,

·         Be signed by the landlord or his/her authorised agent,

·         Specify the date of service of it,

·         If the duration of the tenancy is a period of more than 6 months, the reason for the termination must be stated,

·         Specify the termination date.

 

4.      What if I complied with all of the above and my landlord still wont give me back my rent deposit?

If your Landlord is still refusing to give you your rent deposit back, you may refer a dispute to the Private Residential Tenancies Board. If the Board decides it is not possible for you and your landlord to resolve the dispute, and both yourself and your landlord agree, a mediator will be assigned. Should this fail; an adjudicator will then be appointed to come to a decision himself about the dispute.

 

5.      What if my landlord did not register my tenancy with the Board?

If a landlord fails to register a tenancy with the Board, this does not prevent you, the tenant, from referring a dispute. Failure to register prohibits only the landlord from referring a dispute.

For further information on your rights as a tenant, see www.PRTB.ie.

 

 

Grace Hogan, GCD FLAC.