deposit return

[brenda1]

We have a 6 month rental which is due to expire in April. I keep the apartment spotlessly clean but have recently heard that the agent who we have the contract with recently withheld half of someone's deposit because they didn't have the apartment professionally cleaned and broke one plate. I'm now worried that this agent will try to wriggle out of returning our deposit which is over 500 euros. Does anyone know of arbitration on this or any way I can insure our deposit is returned.

[cyprusgrump]

We have a 6 month rental which is due to expire in April. I keep the apartment spotlessly clean but have recently heard that the agent who we have the contract with recently withheld half of someone's deposit because they didn't have the apartment professionally cleaned and broke one plate. I'm now worried that this agent will try to wriggle out of returning our deposit which is over 500 euros. Does anyone know of arbitration on this or any way I can insure our deposit is returned.

Do you have a signed contract for the rental...?

[ApusApus]

When you signed your tenancy agreement did it include a "contents" appendix? If so, make sure everything that's on it is still in the apartment? If you didn't then "arbitration" probably won't help you?

If you are worried about losing some of your deposit then I suggest you clean the place thoroughly, invite the agent over & get them to confirm they are happy with the premises & contents? If they are not then get them to explain what needs doing to make the place acceptable?

If you wanted to you could always draw up a letter of acceptance & ask the agent to sign it, you would sign it as the tenant & a third party could sign it as a witness? However, this may only give you the moral high ground ............ at the end of the day you have to ask yourself "if the agent withholds a few hundred euros from the deposit am I prepared to pay a lawyer a small fortune to fight it?"


Shane

[Poppy]

I have never heard of having to have somewhere professionally cleaned and having just one broken plate is ridiculous although so easy to replace. I think the problem is that you hear such horror stories of tenants leaving such a mess and owing money that landlords and agents are getting stricter. However you do have the upper hand as you can just not pay the last month's rent. On our last two rentals that is what happened( in agreement with the landlord of course)

[trevnhil]

We have rented 2 different properties but never used an agent. But we have paid a deposit to the renter.
The deposit is very often one months rent. We just did not pay for the last month that we were there.

I see no reason why the same should not happen with an agent..

Trev..

[brenda1]

Yes we do have a contract and the agent will not return the deposit till the last day. Our final rent is due in the middle of March to take us to the middle of April so I would think that they would see it as non payment of rent if we withheld it.

[merchant_banker]

At the end of the rentals we have always withheld the last months rent. Never any problems.

You'll find Cyprus laws favour the tenants - so dont worry. Ask yourself what they can do about you holding the last months rent.

[trevnhil]

I agree especially with the last sentance..

Trev..

[brenda1]

Thanks for all the replies on the subject. Food for thought.

[Uncle D]

I agree with other posts, after renting three different properties we have withheld the last months rent on all of them, there was no problem.

[Mighty Sprite]

Why do so many people recommend breaking a mutually agreed legal contract and withholding the last month's rent? What sort of justice is saying "Ask yourself what they can do about you holding the last months rent"?

As an ex-landlord in Cyprus I have had items removed (satellite box), large electricity bills left outstanding (tenant did a runner), damage done whilst installing a hot-tub (without permission), telephone connection inoperable due to wires being messed with by an amateur and other things that cost money to rectify. This is what the deposit is for. It is not an excuse not to pay the last month's rent.

Both sides should honour the agreement that they voluntarily made.

[trevnhil]

I could turn your question around and say, why do so many landlords refuse to return the renters deposit. But of course legally speaking you are correct. However the same financial outcome is by achieved both scenarios.

Trev..

[Polemi Dave]

I know it is common to withhold the final months rent but it does not make it right. We have a rental and we charge 3 months in advance, if our tenants started withholding, they would be out there and then. This is however most unlikely because we have excellent tenants and I have no doubt of giving a full refund at the end of the tenancy. Any tenancy agreement should include a clause fair wear and tear excluded. I think landlords should expect a bit of painting, just as they do accept fittings and appliances need repair and replacement from time to time.

The question should be, if you don't trust the landlord - why did you rent from him in the first instance.

[PhotoLady]

Probably because by all accounts that anyone who wants your money are usually all sweetness and light at the time of signing the contact...

Our landlord was fabulous from day one right up to leaving the property over 12yrs later but I know of many tenants who have found completely the opposite.

Not paying the last months instalment in lieu of the deposit is normal in Cyprus and this was also discussed between our landlord and our Cypriot friend who came with me on my viewings....

[Polemi Dave]

Probably because by all accounts that anyone who wants your money are usually all sweetness and light at the time of signing the contact...

Not this one, we turned down tenants for almost 2 years, because a bad tenant is much worse than no tenant. If we can't find the right people it stays empty. Also it pays not to be greedy over the rent. A fair rent gets better people even though this means we pay the complex fees and when repairs and renewals are taken into account there in not much profit to be made. Any real profit on letting is going to be when we sell.

[Uncle D]

In Cyprus there is nothing legal about any written agreement, unless a lawyer drew up and stamped/signed the said contract.
Just let the owner know that you are leaving and using the deposit as the last months rent, then they can come and check for broken plates, damage etc.

[galexinda]

The problem is that when tenants sign a lease they pay an amount similar to one month's rental and are told this is a security deposit in case there is any damage to the property when they leave. However, many agents take this 'security deposit' as their finders fee and so there is no money in the pot at the end of the tenancy so the tenant is left wondering if and how the security deposit will be returned when they hand over the keys (assuming the property has been left in a reasonable condition allowing for fair wear and tear).

[PhotoLady]

Not this one, we turned down tenants for almost 2 years, because a bad tenant is much worse than no tenant. If we can't find the right people it stays empty. Also it pays not to be greedy over the rent. A fair rent gets better people even though this means we pay the complex fees and when repairs and renewals are taken into account there in not much profit to be made. Any real profit on letting is going to be when we sell.

That's personal to you though, I got the impression we were talking about Cyprus in general here not about you

[trevnhil]

In General I think most renters would not be prepared to pay 3 months in advance..
I have rented off two landlords, one was OK and another did not live up to his promises.
In both cases we withheld the last months rent instead of trying to claim back a deposit.

Trev..

[PhotoLady]

Our landlord told us not to pay him any more rent when we told him we were leaving - we told him in February after we came back from our house buying trip in UK and left our rental at the end of April.