# Former tenant refusing to return keys



## HMC (23 Feb 2012)

My tenant left last weekend, 18/02.  She had broken the fixed year residential lease (drawn up by an agent, her good friend) after only 6 months.  She sent me notice by text one month in advance, not in writing.  On entry, she was given two housekeys.

The new tenant signed a contract (prepared by me) from 20/02 and has confirmed he received only one set of keys (I am abroad).

I deducted EUR90 from her deposit to cover the new tenant's PRTB registration.  I just refuse to be out of pocket over this.  She sent me a text today saying she is refusing to return the keys until the full deposit is refunded.

What to do?  Any advice gratefully received.


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## gillarosa (23 Feb 2012)

I think you are both technically in the wrong. She by giving notice by text and not in writing and breaking a written lease (unless there were circumstances which you had been informed of beforehand whereby there were problems with the premises?) therefore she could be liable to pay for the duration of the lease. But you can't deduct your registration fee from deposit, only wear and tear and unpaid bills can be deducted from it.


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## elcato (23 Feb 2012)

Have you sent her the deposit back minus the 90 euro already ? You could call her bluff and say you have changed the locks and that you are willing to pay her 10 euro for the keys back so that you have a spare set for the old one which you are going to use somewhere else. Going by your history on this though, I would ring the agent you used and tell him that you are going the legal route os suing him unless the keys are returned. Maybe suggest to the new tenant to change the locks if they are in anyway handy with their hands (the pun, I know)


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## HMC (23 Feb 2012)

Yes, I transferred her deposit, minus EUR90, earlier this week. 
I am in no doubt that the gangster of an estate agent is telling her what to do.  They are thick as thieves the pair of them.


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## Woodie (23 Feb 2012)

HMC said:


> They are thick as thieves the pair of them.



Keep it professional and not personal.  You are in the business of renting property, as pointed out earlier you should not have accepted the text termination of the lease and likewise you should not deduct for something which is not applicable.   If however something in the property was damaged you could deduct for that.  In this instance you can call her bluff and wait to see or put it down to live and learn.


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## Padraigb (23 Feb 2012)

It would seem reasonable to me to retain an amount for having been effectively forced to change the lock.


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## gillarosa (23 Feb 2012)

Be happy that you have a new tenant in place and (hopefully) not dealing with the EA who you are unhappy with, and put that aspect of it to experience. You have the option to persue the Tenant for payment of rental payments for the balance of the agreement which I imagine you don't want to do, but could use as a bargaining tool. Advise them (and the EA) in writing that you will instruct your Solicitor to collect 6 x €X less €90 already deducted from deposit, they may offer to return the keys then. But you need to become familiar with legal issues which affect you as a Lessor, there are too many pitfalls out there when people operate on gut instinct or personal feelings of what is right and wrong.


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## facetious (23 Feb 2012)

gillarosa said:


> Be happy that you have a new tenant in place and (hopefully) not dealing with the EA who you are unhappy with, and put that aspect of it to experience. *You have the option to persue the Tenant for payment of rental payments for the balance of the agreement* which I imagine you don't want to do, but could use as a bargaining tool. Advise them (and the EA) in writing that you will instruct your Solicitor to collect 6 x €X less €90 already deducted from deposit, they may offer to return the keys then. But you need to become familiar with legal issues which affect you as a Lessor, there are too many pitfalls out there when people operate on gut instinct or personal feelings of what is right and wrong.


OP cannot claim for rent from the previous tenant if another (new) tenant is paying - i.e. a landlord cannot legally be paid for the same property by two people for the same rent period.

If the OP has expenses for finding the replacement tenant then any reasonable expenses are the responsibility of the leaving tenant (advertising on daft, in the papers etc). However, these expenses should be backed up with official invoices/receipts.

If the new tenant is a replacement (i.e. an assignee) and takes over the tenancy (without a new lease being signed) then there is no extra payment to the PRTB as it is the same lease - only a change of tenant needs to be notified to the PRTB.

Furthermore, by not returning the keys, the leaving tenant may technically still be considered a tenant as she still has access to the property (although she may not be actually living there.


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## HMC (26 Feb 2012)

My former tenant is absolutely refusing to budge and will not return my keys.  I am not backing down either.  Could the PRTB help me in this matter? If it's going to be a long drawn-out rigmarole, I'll just have the locks changed.


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## laois1 (26 Feb 2012)

Just change the lock - takes about 10 mins, probably cost around 70 euro or you could buy a barrel and do it yourself, very easy to do. Dont bother with PRTB definitely not worth the hassle IMO. Get a receipt from locksmith and claim against your expenses for tax. It could be worse at least you have a new tenant and no other damage done, I presume.


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## Sue Ellen (26 Feb 2012)

HMC said:


> I'll just have the locks changed.



Would have thought that with change of tenancy replacing the locks was a must in any case.  As you are unhappy with both previous tenant and estate agent and don't appear to trust either then the job is also a peace of mind one.


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## PaddyBloggit (26 Feb 2012)

Even if they do return the keys they could have made copies of them .... change the locks and be shot of them.

You'll have peace of mind as well that they can't access your property.


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## beffers (26 Feb 2012)

I'd change the locks too, and deduct the cost from the deposit. I think the laws on deposits is that they it only be withheld to pay for rent that is owed, or to cover cleaning and repair costs that are over and above normal wear and tear. I think that you having to drill into the frame of your own door to replace the lock is more than just normal wear and tear. The security of the building has been compromised by their keeping a key. How different is that to their breaking a window and you deducting the cost of repairing from the deposit?


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## HMC (27 Feb 2012)

Thank you everyone for your advice.  I'm getting a locksmith onto it.
Just found out this evening from my new tenant that the former tenant had Sky installed without my permission and now he can't get the free-to-air satellite to work.  And she had Sky cable put into one of the bedrooms too.  I'm in a stinking rage about it.  Wish now I had gone back myself when she left because my friend wouldn't have known about this. I would have docked more than EUR90, that's for sure.  A lesson learned.


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## potnoodler (27 Feb 2012)

Shouldn't it be standard practice to Change locks for a new tenant , doesnt take long and is more important than cleaning it up   , just rotate the second set with every new tenant , god knows how many keys are around


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## DingDing (9 Mar 2012)

Or get a set of keys that can't be copied and charge the tenant the cost of replacing all the keys if they are not all returned.


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