Withheld deposits are one of the most common rental disputes in Ireland — and one of the most winnable. The law is clear: your deposit is your money, and a landlord can only keep it for specific, provable reasons. "Cleaning", "repainting" or "general wear" are not among them. Here's exactly when a deduction is lawful, and how to get your money back.
Key Points
- The deposit is the tenant's property unless the landlord proves a right to keep it
- Lawful deductions: rent arrears, unpaid bills you owe, or damage beyond normal wear and tear
- Routine cleaning and ordinary wear and tear are not deductible
- The landlord must give an itemised, evidenced justification
- You can refer a deposit dispute to the RTB under Section 76
When a Deduction Is Actually Lawful
Under Section 12 of the Residential Tenancies Act 2004, a landlord must return the deposit at the end of the tenancy. They may only deduct from it for:
1. Genuine rent arrears
Rent you genuinely did not pay. If you are up to date, there is nothing to deduct.
2. Unpaid bills you are liable for
Utility charges that were your responsibility under the tenancy and remain unpaid — and the landlord should evidence them.
3. Damage beyond normal wear and tear
This is the key test. Normal wear and tear — scuffs, faded paint, worn carpet, minor marks — is the landlord's cost, not yours. Only genuine damage above that standard can be charged, and the landlord must show what it was and what it cost to fix.
How to Get It Back
Start with a firm written demand: state the deposit amount, the date the tenancy ended, that no lawful basis for retention exists, and demand the full amount within 14 days — failing which you will refer the dispute to the RTB under Section 76 and seek damages for unlawful retention. Putting it in writing, with the law cited, resolves a large share of these cases without ever reaching a hearing.
Generate your deposit-return demand letter
States the lawful-deduction test · Demands itemised justification · 14-day deadline · Free preview · €19 to download
Generate My Demand LetterFrequently Asked Questions
When can a landlord keep my deposit in Ireland?
Only for genuine rent arrears, unpaid bills you owe, or damage beyond normal wear and tear — and they must prove it. Otherwise the deposit is yours.
Can a landlord deduct for cleaning or repainting?
Generally no. Routine cleaning and ordinary wear and tear are not valid deductions. Only damage beyond normal wear and tear can be charged.
What if my landlord won't return my deposit?
Send a written demand for the full amount and an itemised justification, with a deadline. If unresolved, refer it to the RTB under Section 76.
What does an RTB deposit dispute cost?
Currently €15 online (€25 by post). Many disputes settle on the letter alone.
Related Guides
See also: how to tell if a rent increase is invalid, challenging an invalid eviction notice, and how to write an RTB dispute letter.