Deposits

When can a landlord keep your deposit?

A landlord can only deduct from your deposit for specific reasons:

• Rent arrears — if you owe rent at the end of the tenancy
• Damage beyond normal wear and tear — for example, holes in walls, broken fixtures, or stained carpets that go beyond what is expected from ordinary living
• Unpaid bills — if you were responsible for utilities and left them unpaid
• Breach of tenancy agreement — for example, not giving proper notice when leaving

Your landlord must be able to justify any deductions and should provide an itemised list of what was withheld and why.

What is normal wear and tear?

Normal wear and tear is the gradual deterioration that happens through everyday use. Examples include:

• Minor scuffs on walls or floors
• Fading of paint or curtains from sunlight
• Worn carpet in high-traffic areas
• Loose door handles from regular use

Your landlord cannot deduct from your deposit for normal wear and tear. The RTB has consistently ruled that landlords must distinguish between damage and ordinary use.

How to get your deposit back

1. Give proper notice — make sure you give your landlord the required notice period before leaving
2. Document the condition — take photos or video of the property when you move out, especially of any pre-existing damage
3. Request the deposit in writing — send your landlord a written request for the return of your deposit
4. Allow reasonable time — your landlord should return the deposit promptly, but there is no fixed statutory deadline
5. Dispute through the RTB — if your landlord refuses to return the deposit, you can file a dispute

RTB dispute process for deposits

If your landlord will not return your deposit, you can refer the dispute to the Residential Tenancies Board (RTB). The process works as follows:

1. Apply online at rtb.ie — there is a fee of €15 for tenants
2. Mediation — the RTB will first try to resolve the dispute through free telephone mediation
3. Adjudication — if mediation does not work, the case goes to a formal adjudication hearing
4. Determination order — the adjudicator issues a legally binding order, which can include the return of your deposit plus damages

Tip: Keep all receipts, photos, correspondence, and a copy of your lease. The more evidence you have, the stronger your case.