How to get your deposit back
A security deposit is normally paid by a tenant to a landlord or agent at the beginning of a tenancy and should be returned promptly once the tenancy ends. The deposit does not have to be returned to you on the day that you leave the accommodation and time should be allowed for inspections and repairs to be carried out and for any outstanding bills/rent to be calculated.
Although there is no specific timeframe is set down in law, Threshold recommends that under normal circumstances a deposit should be returned within 14 days of the end of a tenancy.
By law your landlord may retain part or all of your deposit under the following grounds only:
If at the end of your tenancy, there is rent outstanding, your landlord may legitimately retain part or all of your deposit to cover the arrears.
Damage to the property above normal wear and tear
Deductions may be made or the deposit retained in full if there has been damage to the property above normal wear and tear. Normal wear and tear is the deterioration that occurs over a period of time due to ordinary and reasonable use of a premises.
Normally you are not required to get a property professional cleaned unless it is a condition of your lease, but before leaving you should clean the property thoroughly, remove all your belongings, dispose of all rubbish and take dated photos to show the condition in which it was returned. Ideally you should request a final inspection of the property with the landlord/agent.
If your landlord claims that there has been damage to the property they should provide receipts/invoices showing the costs incurred in carrying out any necessary repairs.
If you owe money for utility bills, such as gas or electricity, and the utility bill is in the landlord's name, they may withhold part or all of the deposit to cover these costs. Request a copy of the bill to ensure you are paying only what you owe.
Sharing with the owner
If you were renting a room(s) in a property where the landlord also resides this is known as a licence arrangement and the normal landlord and tenant laws do not apply. If your deposit is not returned or deductions are made which you feel are unfair then as a licensee you cannot refer a dispute to the RTB but may be able to take action through the small claims court. You can apply online for €25 at www.courts.ie and more information is available in the download opposite.
What to do
- If your landlord is refusing to return your deposit, you should request the prompt return of the deposit in writing. Use the template letters in the Useful Downloads section on this page.
- If your landlord claims there are rent arrears, outstanding utility bills or that there has been damage to the property, you should request documentary evidence from your landlord to back up these claims.
- If you are not successful in securing the return of your deposit, you can make a complaint to the Residential Tenancies Board (RTB). Mediation is free and adjudication costs €15 if applying online at www.rtb.ie. The cost of submitting a paper application is €25.