Luca's Deposit Return
When normal wear and tear became a costly dispute
Luca rented a two-bedroom apartment in Galway for four years. He kept the place well-maintained, paid his rent on time, and had a good relationship with his landlord. When he decided to move on, he gave proper notice and arranged the handover. That's when things took an unexpected turn. His landlord claimed the carpet throughout the entire apartment had deteriorated beyond normal wear and tear and needed complete replacement. The landlord wanted to deduct the full cost from Luca's deposit.
Luca was shocked. He'd never spilled anything significant on the carpets and had vacuumed regularly. The wear he could see was exactly what you'd expect after four years of normal living—minor fading, a few light marks in high-traffic areas, nothing that seemed unreasonable. He asked his landlord for evidence of the damage and quotes for repair, but the responses were vague. His deposit was being held, and Luca couldn't get a straight answer about when or how much would be returned.
Feeling stuck, Luca decided to bring his case to the Residential Tenancies Board (RTB). He documented the condition of the carpets with photos from move-out day and explained the normal use he'd had of the apartment. The RTB examined his evidence and listened to both sides. They determined that what the landlord was describing wasn't damage—it was fair wear and tear, which landlords cannot charge tenants for. The carpets had worn naturally over four years of residential use, and replacing them entirely was not a reasonable expense to recover from a deposit.
The RTB ordered the full deposit to be returned to Luca. His landlord had to release the money within the required timeframe. For Luca, it was a relief to have an independent decision that recognised the difference between damage and normal use.
What the Law Says
Under Irish tenancy law, landlords can only deduct from a deposit for damage beyond fair wear and tear, or for unpaid rent and other legitimate breaches of the tenancy. Fair wear and tear means the normal deterioration that happens when someone lives in a property—minor marks, slight fading of carpets and paint, small scuffs. The carpets or walls don't need to look new when a tenant leaves; they just need to be in a reasonable condition for normal residential use. If a landlord wants to deduct for damage, they must provide clear evidence and a reasonable cost estimate. The RTB can review these claims and decide whether the deduction is fair.
⏱ Important Time Limits
If your landlord has kept all or part of your deposit, you have six months from the end of your tenancy to refer your case to the Residential Tenancies Board. After six months, the RTB cannot accept a new claim. If you believe a deduction is unfair, act quickly. Gather any evidence you have—photos, messages, repair quotes—and lodge your claim before the deadline passes.