# Entitled to deposit back before I move in



## Kimjbyrne (21 Dec 2012)

Does anyone know if I am entitled to my deposit back . I seen a lovely apt I liked and the landlord said to leave a deposit of a €1000 and that I could move in on the 7th of January . I had problems gettin my rent allowance supplement forms in and have to wait until the 3rd of January to give them in . I told him that I won't be able to give the forms in until this date.  but I may need a week or two extra time to move in as my forms need to be processed and the cwo to get back to me. If he does not give me extra time to move in am I entitled to my deposit back as I am due a baby the week I move in and I will have to look for somewhere else to live ???


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## kkelliher (22 Dec 2012)

Of course you are. The deposit is a security deposit against loss or damaged caused to the property during the tenancy


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## Knuttell (22 Dec 2012)

If the landlord is going to hold a property that you may or may not be able to take he is going to look for a non refundable holding deposit,he will be after all be taking it off the market and exposing himself to a potential extended void coupled with re advertising costs etc.

Generally I would look for €200-€250 and would not hold it more than 5 days,it separates those that are serious about taking the property from the time wasters.


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## Kimjbyrne (22 Dec 2012)

Do u think then he will give me extra time to move in until I hear back from the rent clinic . He never explained that the deposit was non refundable


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## Knuttell (22 Dec 2012)

You're best off giving him a call and explain your new situation,if he is a reasonable enough person he will no doubt appreciate you keeping him informed.


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## Kimjbyrne (22 Dec 2012)

Ok I will do that just to be on the safe side I am just afraid he will not give me my deposit back but the tenants living in it now are not due to move out till after new year


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## kkelliher (22 Dec 2012)

Did you sign a contract/lease?


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## Kimjbyrne (22 Dec 2012)

No I didn't sign anything with him


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## mro (22 Dec 2012)

Well then it is refundable. I as a landlord, via my letting agents, agreed to give my house to a tenant. She gave a deposit and weeks later still hadnt moved in as she coudlnt get the the rent together. 

My agent said i had to give her the deposit back as she hadn't signed a lease. I was really annoyed as why was i keeping the house available for her if she had nothing to lose. Anyway moral of the story is that you should be entitled to your deposit back.


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## Kimjbyrne (22 Dec 2012)

Ok I will contact him as I don't want to let him down I just need an extra week to move in as I have to give my forms in to the social welfare officer for rent allowance on the 3rd of jan and he told me it will be available from the 7th


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## Knuttell (23 Dec 2012)

mro said:


> Well then it is refundable. I as a landlord, via my letting agents, agreed to give my house to a tenant. *She gave a deposit and weeks later still hadnt moved in* as she coudlnt get the the rent together.
> 
> My agent said i had to give her the deposit back as she hadn't signed a lease. I was really annoyed as why was i keeping the house available for her if she had nothing to lose. Anyway moral of the story is that you should be entitled to your deposit back.



You need to get a competent agent,holding a property for weeks on end without securing you a non refundable holding deposit is frankly inexcusable.


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## Kimjbyrne (23 Dec 2012)

I would be deffinetly moving in but just need an extra week or 2 and I don't know if he will give me the extra time I have to give my forms in on jan 3rd and as soon as they get back to me I am ready to move


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## Knuttell (23 Dec 2012)

Usually CWOs are helpful enough,ask him/her to give the Landlord a call indicating that you will be green lighted for rent allowance and this will keep the Landlord happy.


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## Kimjbyrne (23 Dec 2012)

Oh great I never thought of that thank you . She is actually not very helpful and all I ask for is her help.


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