Landlord keeping deposit

I have a female German friend who’s been living in Dublin for a year, renting a room from an owner-occupier. She originally signed a lease for 6 months and he told her she was welcome to stay on after the lease ran out.
Over the summer he’d been really pervy, came into her room one night naked, and another time texted her while she was in bed asking if she fancied a shag.
Needless to say she wanted to get out and moved as soon as she found another room in the same area. She texted him today asking him about her deposit (€550) and he told her he won’t return it as she only gave him 8 days notice rather than a month (specified in the original 6 month lease she signed).
She’s really upset and I’m not sure what the best thing is to do in this situation?

Did she keep the text? If not, does anyone here know if phone memory can be recovered by recovery software or forensics?

She didn’t keep it unfortunately. But she has a more recent one, from last weekend talking about how he didn’t realise how much “fun” she was having in the room until he went in to clean it out.
Also, the girls she has now moved in with have a friend who once rented a room from this guy, and he did the same thing to her - apparently she still has the messages.

I would have thought that would be the clincher.
A genuine reason for breaking the contract early.
Between that evidence and a short solicitors letter, she’ll have her deposit within days.
Charge him for the solicitors letter too.

In these circumstances the lease does not apply especially since wshe is out of it.

This goes beyond even rental law but I would report it to the Gards, then the PRTB, and also a solicitor as this could be construed as a form of sexual a harassment/predatory type behavior which has led here to having to vacate for under duress and/or in fear for her personal safety.

The poor girl should hardly be expected to have to deal with someone she me feel is a threat in any way particularly.

Think about the next “student” who might be unfortunate enough to rent this room next. who knows this may also not be the first time.

Its completely unacceptable before you even get to the issue of the deposit thats just a insult, it shows how foolish and arrogant this operator is. Unbelievable but not shocking nor is it necessarily a story I haven’t heard tell of before.

There ya go. Not a leg to stand on. There is only so long you can do this until it catches up with you. What a creep.

Seriously both girls should go to a solicitor and report him to the Garda.

Tell him she’s taking a complaint to the Private Residential Tenancies Board.

The complaint will detail:

  1. He entered her room without permission and without clothing. This is in breach of his contract and is harassment.
  2. He sent her a text message asking if she wanted a shag. This is further harassment.
  3. The effect upon her was that she no longer felt safe.

Give him the option to settle by paying back the deposit.

Exactly. And how will he know that she deleted the text

She has to get the law involved. Go to the guards.This creep may do worse.

Surely “rent a room” doesn’t even have a lease? You’re purely on license. In fact it’s pretty much the only advantage. The guy should be thankful she didn’t call the guards never mind being stingy with the deposit.

I am not sure that the PRTB will get involved here as he is an owner occupier. However, she should a) call Threshold for clarification on that and b) if she wants to go through the hassle, her local Garda station to make a complaint about the harrassment. I would not blame her for wanting to avoid that however.

The mobile phone company might have a copy of the text if the guards get involved.

Or, p-dd.mobi/memory-card/sim-card.html

EDIT freeware SIM recovery software here softforall.com/Utilities/Bac … 020600.htm

And cheap card reader if you need it, here cgi.ebay.co.uk/Sim-Card-Reader-W … 286.c0.m14

Post him a print out of the recovered data with a letter explaining it was that type of harrassment that caused the breaking of the contract, and demanding he post back a cheque with the full deposit amount immediately.

He sounds like a creep, but how come it took her so long to leave and did she actually leave the after effects of sexual activity in her room?

Like some guy having a smoke?

Incidentially, her personal life is her own business, so whatever he alleges he found in her room after she left is irrelevant. However a creepy naked man walking in on you naked in your own room is the business of the Gardai, I should think - this is well beyond just sexual harassment - borderline or actual sexual assault perhaps? I would definitely go to the guards with this one. Also write a letter demanding the deposit back rather than just texting, taking a photocopy of the letter before posting it. And get the PRTB involved. Hit him where it hurts most (probably his pocket)

She’s here for an erasmus year, she went back to Germany for 5 weeks to finish/print/hand in her thesis just after the “want a shag” text incident and starting looking for a new place when she got back. She didn’t leave anything in the room! But I assume he was implying used condoms - disgusting.
Thanks for all the advice, she has emailed Threshold and I told her she should probably give them a ring too. I wasn’t sure if the PRTB covered rent-a-room situations. The SIM recovery info is great, thanks.
I will keep you posted on what happens!

These are some examples of similar cases that went before the court previously → tjmcintyre.com/2007_11_01_tjmcin … chive.html

Anti-social behaviour by adults → citizensinformation.ie/categ … -by-adults

Send a solicitors letter as recommended above and charge him for it. Then follow up with a complaint to the Gardai about this mans anti-social behaviour.

Under the Rent a Room scheme, you are not covered by the landlord / tenant legislation in Ireland. The PRTB does not have jurisdiction to deal with any other disputes involving licensees. This is because licensees have no direct relationship with landlords and the PRTB does not deal with disputes between occupants, whether those occupants are tenants only or a mixture of tenants and licensees. This means that although the PRTB deals with disputes about the non-refund by landlords of deposits paid by tenants, it has no authority to deal with disputes between tenants or between tenants and licensees about monies paid to a tenant as a form of ‘deposit’.

prtb.ie/DownloadDocs/Licensees.doc

No, they are not going to have the text itself. However his operator will have a record that the text was sent as long as it was within the last 3 years (soon to be 2 years).