My landlord won't return my deposit: what to do in Ireland
General information, not legal advice. For your own case, check the Residential Tenancies Board (rtb.ie), Threshold or a solicitor.
The short answer
Ask for the deposit back in writing, and ask for evidence of any deduction. A landlord can keep part of a deposit only for rent arrears, other charges you owe under the tenancy, or damage beyond normal wear and tear. If you still cannot agree, refer the dispute to the Residential Tenancies Board (RTB) without delay. Mediation there is free, adjudication costs €30, and either ends in a legally binding decision.
1. Check what the landlord can and cannot keep
Section 12(1)(d) of the Residential Tenancies Act 2004 says the landlord must return the deposit promptly when the tenancy ends. The only lawful deductions are:
- rent you still owe;
- other charges you owe under the tenancy, such as bills in the landlord's name that the lease says you pay;
- the cost of repairing damage beyond normal wear and tear.
Normal wear and tear cannot be charged: paint that has faded, small marks where furniture stood, a carpet worn where people walk. A cracked sink, a burn on a worktop or a broken door can be, but the cost should be reasonable and backed by evidence. Routine cleaning or repainting between tenants is not damage. Cleaning costs can be charged only if you left the home dirtier than you found it. Our guide to deductions and wear and tear goes into detail.
2. Ask in writing
Send an email or letter, keep a copy, and give a clear deadline. Something like this works:
Dear [landlord's name],
My tenancy at [address] ended on [date] and I returned the keys on [date]. I paid a deposit of €[amount] on [date].
Please return the deposit to [IBAN or payment details] by [date, about 7 days from now]. If you intend to keep any part of it, please tell me the amount and the reason for each deduction, with photos, quotes or invoices.
If we cannot agree, I will refer the matter to the Residential Tenancies Board.
Regards,
[your name]
3. Ask for the evidence, and answer it
If the landlord claims deductions, ask for the evidence behind each one. Compare it with your own move-in and move-out photos, the inventory if there was one, and your messages about repairs. Answer item by item: accept what is fair, and say clearly which deductions you dispute and why. Many disputes end here, with part of the deposit returned straight away.
4. Refer the dispute to the RTB
For most tenancy disputes, the RTB, not the courts, is where you go. Section 182 of the 2004 Act keeps these disputes out of court unless the claim is very large, for example damages above €20,000. You can apply online on rtb.ie.
- Mediation is free: a mediator helps you and the landlord reach an agreement.
- Adjudication costs €30: an independent adjudicator looks at the evidence from both sides and makes a decision.
Either route ends with a legally binding Determination Order, which sets out what must be paid and by when. Either side can appeal an adjudicator's decision to a Tenancy Tribunal within 10 working days. If the order is not complied with, it can be enforced through the courts, and the RTB explains how.
Apply in time. The RTB sets a time limit for each type of dispute, some as short as 28 days after the tenancy ends, and extends them only in exceptional circumstances, so apply as soon as you know you cannot agree and check the limit for your case on rtb.ie. Our guide on referring a deposit dispute to the RTB goes through each step.
Where to get free help
- Threshold, the national housing charity, gives free advice to tenants.
- Citizens Information explains your rights and the RTB process.
How to avoid this next time
- At move-in, take dated photos and videos of every room and agree an inventory in writing. Our move-in checklist is free to print.
- Report repairs in writing during the tenancy, so wear and tear and old damage are on record.
- Agree that the deposit is held by a neutral third party instead of the landlord. Ireland's own scheme for this was never started (here is why), but you can do it privately.
DepositSafe protects an earlier moment: paying a deposit for a home before you have moved in. The deposit sits in escrow and reaches the landlord only after you confirm you have the keys. It also keeps your check-in record with photos, which is the evidence you will want if a deduction is disputed at the end.
Pay your next deposit safely. It sits in escrow until you have moved in.
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