Republic of Ireland Law

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My Landlord is refusing to return my deposit. He is claiming…

Customer Question
My Landlord is refusing...

My Landlord is refusing to return my deposit. He is claiming that I had to give him the minimum required notice at the end of a fixed term tenancy which is not correct. I did not give him any notice, I simply left the property at the end of the tenancy.I vacated the apartment in full on 28th February. It doesn't say anywhere in my lease that the key's had to be physically handed back to the landlord by the 28th. I posted the keys on Feb 28th and they reached him on 8th March owing to the bad weather etc. So the keys were late getting to him.If I never handed back the keys he would simply be entitled to retain the key deposit of 300 euro not charge an additional 28/35 days rent.The lease specifically gave the landlord a month before the tenancy expired to show the apartment and find a new tenant, which they did not do.I did not give notice that I wished to remain in the property beyond the fixed term tenancy which I would be legally required to do if I was staying in the property.Is the landlord entitled to keep my deposit?
Is it a good idea to simply reverse my last direct debit to get it back?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Ireland

Lawyer's Assistant: Has anything been filed or reported?

No. Just email correspondence with the landlord so far.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. fire away.

Submitted: 4 months ago.Category: Republic of Ireland Law
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Answered in 5 minutes by:
3/13/2018
Solicitor: legalau,
 replied 4 months ago
legalau
Category: Republic of Ireland Law
Satisfied Customers: 3,311
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

Ask Your Own Republic of Ireland Law Question
Solicitor: legalau,
 replied 4 months ago

is your question for Australia ?

Ask Your Own Republic of Ireland Law Question
Customer reply replied 4 months ago
how has australia been selected. This relates to Ireland
Solicitor: legalau,
 replied 4 months ago

ok

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Solicitor: Ronan, Solicitor replied 4 months ago
Ronan
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2,264
Experience: B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
Verified

From what you outline you are entitled to your deposit back. If you are in a position to reverse your previous direct debit them by all means do. If the landlord disputes the matter, he must refer the matter to the Private Residential Tenancies Board. He must have registered the tenancies agreement with the PRTB in the first instance.

Alternatively, if he still has the money, you can lodge a complaint with the PRTB (regardless of whether your landlord has registered it or not). The can either mediate or adjudicate on the dispute. The terms of the lease will speak to the facts of whether the deposit is returnable

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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