DepositSafe
What can a landlord deduct from a deposit in Ireland? Wear and tear explained
General information, not legal advice. For your own case, check the Residential Tenancies Board (rtb.ie), Threshold or a solicitor.
The short answer
A landlord can deduct from a deposit only for rent or other charges the tenant still owes, and for damage beyond normal wear and tear. Normal wear and tear, the gradual deterioration that comes from living in a home, cannot be charged. If the landlord deducts for damage, they should be able to show it with photos, the age of the item and a quote or invoice for the repair.
What a landlord can deduct
Section 12(1)(d) of the Residential Tenancies Act 2004 requires the landlord to return the deposit promptly, less only:
- rent arrears: rent that was due and not paid;
- other charges you owe under the tenancy, for example bills in the landlord's name that the lease says you pay;
- the cost of damage beyond normal wear and tear.
If you leave without giving the notice the law requires, or end a fixed-term tenancy early without a lawful reason, the landlord may also be able to claim the rent they lose as a result. Anything else, such as a general "admin fee" or the cost of improving the property for the next tenant, is not a lawful deduction.
Wear and tear or damage?
The RTB describes wear and tear as "the gradual deterioration of things in the rented property over time". Most of the examples below come from the RTB's own guidance.
| Normal wear and tear (cannot be charged) | Beyond normal wear and tear (can be charged) |
|---|---|
| Flooring getting worn | Burn marks |
| Taps and washers wearing out or leaking | Excessive stains on the carpet |
| A cooker element wearing out from normal cooking | Drawing on wallpaper, holes in walls and doors |
| Paint fading over the years | Missing fixtures, broken glass, torn curtains |
| Light marks where furniture stood | Smoke damage, if smoking was not allowed |
How much wear is acceptable depends on the length of the tenancy and the number of people living there. A carpet in a family home after five years is not expected to look like a carpet after six months with one tenant.
Old items cannot be charged as new
The RTB is clear that a landlord "cannot charge you for full replacement costs if an item was already significantly worn". If a ten-year-old carpet is stained beyond repair, the tenant may owe something towards it, but not the price of a brand-new carpet. The condition and age of things at the start of the tenancy matter, which is why an inventory with photos at move-in helps both sides. Use our free move-in inventory checklist.
Cleaning and painting
- Painting. Walls need repainting at reasonable intervals in any rented home, and that is the landlord's cost. A tenant can be charged for paint damage beyond normal wear, such as drawings, large stains or holes.
- Cleaning. Routine cleaning between tenants is not damage. A cleaning cost can be charged only if the home was left dirtier than it was at the start of the tenancy.
The evidence a landlord should have
If a deduction is disputed, the RTB expects the landlord to show:
- photos of the damage, ideally from before and after the tenancy;
- invoices or receipts showing the original age and condition of the item;
- quotes or invoices for the repair.
At an RTB hearing, it is for the landlord to justify keeping part of the deposit. A deduction with no evidence behind it is hard to defend.
If you are a tenant: how to answer deductions
- Ask for a written list of deductions, with the amount and the evidence for each one.
- Compare it with your own move-in and move-out photos and the inventory.
- Accept what is fair, and dispute the rest item by item, saying why: wear and tear, already there at move-in, or charged as new.
- If you cannot agree, refer the dispute to the RTB in time. Our guide My landlord won't return my deposit explains the steps.
If you are a landlord: how to claim a deduction
The short version is below; our guide to claiming deductions as a landlord covers the evidence in detail.
- Inspect the property with the tenant at the end, against the move-in inventory and photos.
- Claim only what is beyond normal wear and tear, allowing for the age of each item.
- Give the tenant a list with one line per item: what happened, what it costs, and the evidence.
- Return the rest of the deposit promptly, even while one item is still being discussed.
Where DepositSafe fits
DepositSafe does not hold the deposit during the tenancy: it holds it in escrow until the tenant has moved in, then releases it to the landlord. What it leaves both sides with is a check-in record with photos, made by the tenant at move-in and visible to both. That record is the starting point for any later conversation about wear and tear.
A check-in record both sides can see. Made at move-in, with photos.
See how it works