Brian rented a two-bedroom house in Kildare for three years. When the time came to move out, he scheduled a check-out inspection with his landlord. He was surprised to receive a detailed check-out report weeks later—after he'd already submitted his RTB complaint. The report listed damage and wear that Brian insisted he'd never caused, and more troubling, nobody had gone through the property with him when it was actually checked. The landlord claimed the check-out had happened, but Brian had no record of when, how, or what was actually inspected.
The landlord immediately deducted €1,200 from Brian's €1,500 deposit, citing the damage recorded in the report. Brian contacted the Residential Tenancies Board to challenge the deduction. He argued that the whole process had been unfair—a tenant is supposed to have a chance to dispute things on the day, not hear about them weeks later through a piece of paper. He also pointed out that he'd never been given proper notice of the inspection or a proper opportunity to attend.
The RTB investigated and found in Brian's favour. The board ruled that the landlord had breached fair procedure. A check-out inspection must be conducted transparently, with notice given to the tenant and a genuine opportunity for them to be present and respond to any issues on the spot. Simply producing a report after the fact, especially after a dispute had already been filed, wasn't good enough. The board ordered the full €1,500 deposit returned to Brian.
Under the Residential Tenancies Act 2004, a landlord can only deduct from a deposit for specific reasons—unpaid rent, damage beyond normal wear and tear, or cleaning costs if the property wasn't returned in a clean state. But the law also demands fair play: the landlord must follow proper procedures. Any deduction must be justified with evidence, and a tenant has the right to be involved in inspections and dispute findings before money is taken. If a landlord skips these steps or produces evidence of problems only after a complaint is filed, the RTB can overturn the deduction and order the full deposit returned.
If your landlord has kept money from your deposit, you have six years from the date of the alleged breach to lodge a complaint with the RTB. However, don't delay—evidence fades and memories blur. If you believe a deduction is unfair or improperly handled, report it as soon as you can. The sooner you act, the easier it is to gather witnesses and documentation to support your case.
Tell Sarah what happened. She will explain your options and match you with the right solicitor in your county — free.