DepositSafe
Deposit rules in Ireland: how much a landlord can ask for, and what the law says
General information, not legal advice. For your own case, check the Residential Tenancies Board (rtb.ie), Threshold or a solicitor.
The short answer
For tenancies created on or after 9 August 2021, a landlord can ask for a deposit of no more than one month's rent, and an advance payment of rent of no more than one month's rent. To secure a tenancy, that is at most two months' rent in total. The landlord must return the deposit promptly at the end of the tenancy, keeping back only what the law allows.
How much: the one-month limits
Section 19B of the Residential Tenancies Act 2004, added by the Residential Tenancies (No. 2) Act 2021, sets two separate limits on what you can be asked to pay to secure a tenancy:
- a deposit of no more than one month's rent;
- an advance payment of rent of no more than one month's rent.
During the tenancy, a landlord also cannot ask you to pay rent more than one month in advance.
| Monthly rent | Maximum deposit | Maximum advance rent | Total upfront |
|---|---|---|---|
| €1,200 | €1,200 | €1,200 | €2,400 |
| €1,600 | €1,600 | €1,600 | €3,200 |
| €2,000 | €2,000 | €2,000 | €4,000 |
When the limits apply
The limits apply to tenancies created not earlier than one month after the 2021 Act was passed on 9 July 2021, so to tenancies created on or after 9 August 2021. A tenancy that started before then is not covered by section 19B, though the landlord's other obligations, including returning the deposit, still apply.
The student exception
A student in student-specific accommodation, who pays both tuition fees and rent to the same education provider, can choose to pay more rent in advance if the landlord agrees. It is the student's choice, and the deposit limit of one month's rent still applies.
When the deposit must come back
Section 12(1)(d) of the 2004 Act requires the landlord to return the deposit promptly when the tenancy ends. They can keep part of it only for rent arrears, other charges you owe under the tenancy, or the cost of damage beyond normal wear and tear. Our guide to deductions and wear and tear explains each one, and My landlord won't return my deposit covers what to do if it does not come back.
Where the deposit is held
The law has provided since 2015 for deposits to be paid over to the RTB, but that scheme has never been started. Today, unless the two sides agree otherwise, the deposit is held by the landlord or the agent for the whole tenancy. Our guide to Ireland's deposit protection scheme explains why, and what is changing.
If you are asked for more
- Point to section 19B in writing and offer to pay what the law allows.
- Keep a record of the request: the ad, emails or messages.
- If a landlord insists, you can refer the issue to the RTB, which deals with breaches of landlords' obligations. Threshold gives free advice to tenants.
Checklist when you pay a deposit
- Pay by a traceable method, never cash without a receipt.
- Get the amount, the date and what it is for (deposit or advance rent) in writing.
- Agree an inventory with dated photos at move-in.
- Agree how the deposit will be paid. With DepositSafe it is capped at one month's rent and sits in escrow until you have moved in, so it reaches the landlord only after you confirm you have the keys.
- Paying before you can view the home? Read renting in Ireland from abroad first.
A deposit that is protected until you move in. Capped at one month's rent, held in escrow.
See how it works