Tenant Problem

Baby4 · 03-08-2006 1:50pm #1

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joeblogg1 · 03-08-2006 1:54pm

I think you are entirely justified in holding on to the whole of the deposit
If I were you I would consider the small cost of changing the lock on the front door and keep the deposit !!!

DaDa · 03-08-2006 1:55pm

Baby4 wrote:

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Ouch!

Baby4 · 03-08-2006 1:59pm

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KTRIC · 03-08-2006 2:01pm

Just change the locks. If she decides to do a "sit in" then you can remove her from your property with nessesary force. Once you have asked her to leave and she refuses then she is then tresspassing and has absolutly no rights.

Baby4 · 03-08-2006 2:05pm

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layke · 03-08-2006 2:05pm

Sounds like your being too nice about it.

In future, everything goes on paper yeah

DaDa · 03-08-2006 2:07pm

out of curiosity did you ever get a reference from her previous landlord, assuming she had one?

Baby4 · 03-08-2006 2:07pm

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layke · 03-08-2006 2:13pm

Baby4 wrote:

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I wouldn't consider it, i'd do it if some one was unfairly mouthing off about me.
That is if it's unfair.

Anyhoo, tell tenants you've had problems before and mention this scenario. I wouldn't allow them onto my property without some sort of an agreement. Tough if they don't like it they can go elsewhere.

boomer_ie · 03-08-2006 4:57pm

KTRIC wrote:

Just change the locks. If she decides to do a "sit in" then you can remove her from your property with nessesary force. Once you have asked her to leave and she refuses then she is then tresspassing and has absolutly no rights.

Do what I did once, change the locks when she is out at work or whatever, refuse to open the door and pack her bags for her. I have done this once in the past WITH WITNESSES to show I didnt interfere with any of her stuff.

Bear in mind this was someone I was throwing out because she owed me money and as I discovered after wards smoked hash in the bedroom (I have no sense of smell so didnt know until I was packing her bags and the mate mentioned it!)

chump · 03-08-2006 6:57pm

Baby4 wrote:

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Well you've agreed to give it back to her.
You could just give it back to her a few days earlier and be done with the hassle?

I'd be inclined to change the locks asap after all is done and dusted.

hmmm · 03-08-2006 9:46pm

KTRIC wrote:

Just change the locks. If she decides to do a "sit in" then you can remove her from your property with nessesary force. Once you have asked her to leave and she refuses then she is then tresspassing and has absolutly no rights.

Hilarious advice, sadly completely illegal. Visit the PRTB website to read up on how much similar antics cost landlords.

I think you'll be better off rid of this tenant quickly with no damage done to your sanity or your property through whatever legal means you have available (including paying her the money she wants). I'd recommend changing the locks at that point as chump said.

KTRIC · 03-08-2006 10:03pm

hmmm wrote:

Hilarious advice, sadly completely illegal.

As hilarious as you might think it is, it is perfectly legal. In this case there is no legal written agreement between either party. If the rent has not been paid and the deposit has been returned or forefitted then the tenant is tresspassing if she doesn't leave when asked.

If you have a tresspasser on your property you are intitled to used due force to remove them.

FX Meister · 03-08-2006 10:11pm

KTRIC wrote:

Just change the locks. If she decides to do a "sit in" then you can remove her from your property with nessesary force. Once you have asked her to leave and she refuses then she is then tresspassing and has absolutly no rights.

Wow, that sounds like the voice of experience. Really great plan except you're completely wrong.

Meet her on the Saturday at the apartment with the money, make sure you inspect the place fully and she's off the property before you give it to her. As soon as she's gone change the lock straight away even though she's given you back the keys. Then keep that barrel until the next time it happens.

hmmm · 03-08-2006 10:39pm

KTRIC wrote:

As hilarious as you might think it is, it is perfectly legal. In this case there is no legal written agreement between either party. If the rent has not been paid and the deposit has been returned or forefitted then the tenant is tresspassing if she doesn't leave when asked.

If you have a tresspasser on your property you are intitled to used due force to remove them.

Possibly the most nonsensical thing I've read in a long time.

antoinolachtnai · 03-08-2006 11:54pm

If you want legal advice go and see a solicitor. If there is any possibility you are going to have to evict a tenant you probably need legal advice.

For people too cheap to get legal advice when needed, at least read http://www.prtb.ie/illegaleviction.htm

theedee · 04-08-2006 7:20am

Dude comon now... My advice is take the easy road people are always forgettin that road... Phone her up agree to pay her the dough if she leave the property and there is no unreasonable damage done...

Wait for her to be fully out of the place and give her the money and its a c u later from there on... Try making it as peaceful as possible.

Take the advice above and change the locks and the spend your energy on getting a new tenant.

Afuera · 04-08-2006 10:51am

This kind of carry on is rediculous. You're going to be left out of pocket by trying to find a new tenant at such short notice and by having to change the locks, since there's no way you can guarantee the security of the apartment after this tenant leaves. I think the lesson here is to never let a tenant use their deposit for their last months rent.

It pisses me off to see such chancers! If it was me, I would get in touch with her again, and tell her after taking some legal advice you aren't able to change the terms that you agreed upon originally (1-month notice). Tell her she has the use of the apartment until the middle of this month and that she will not be getting any deposit back since it's going towards the payment for this month. I'd add in that you've notifed the guards about her threats and she will be prosecuted for any damages or stolen property. Give her the details of the PRTB if she wants to make a complaint.

antoinolachtnai · 04-08-2006 11:09am

Has she actually given you written notice? I would encourage you to get her to put her notice in writing. It would be wise to get your understanding of what was agreed into writing now, and send it by registered mail to the address.

This won't actually help you in the short term, the reason for this is just to give you some leverage in case she tries to move the goalposts once again. The danger is that she will just keep pushing you along unless you put some lines in the sand.

Really you have to get her out the easiest way you can, then change the locks.

Baby4 · 04-08-2006 11:19am

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garred · 04-08-2006 1:35pm

I'd ring up the PRTB and explain to them. Can't beat direct contact at the end of the day and besides thats why you pay them. I've had a similar problem with a tennant, I kept the deposit and moved back into the house with a couple of other people eventhough the tennant was still there. Fortunately I had a contract but it could be an option for you. Tennants do have rights and it may be a pain to get them out but it is your property at the end of the day so it might be an option for you to move back into the apartment. Believe me it won't be long before they skidadle. Check this with the PRTB though.

Baby4 · 04-08-2006 1:50pm

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ionapaul · 04-08-2006 7:21pm

Baby4 wrote:

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In that case you should pay her off and be as nice as possible, no?!

Supercell · 04-08-2006 7:47pm

To the OP, i've been renting a long time (approx 17 years if Uni is included) and since day one the understanding always was that unless I found someone that the landlord agrees to, that i'll forfit the month minus notice given rent amount.
She's being a total bíatch and being completely unreasonable. Where i've decided to leave without full months notice i've asked the landlord if its ok to interview replacements and they've always been fine (three places i've done this) and told me they trust my judgement. Probably being a model tenant helps..

If the agreement is verbal then fup her...change the locks as others have said - she is being unreasonable, even as a fellow renter i can see this.

In future - get single males in their 30's as tenants!!, a lot less hastle all round

(imho)

hmmm · 05-08-2006 12:47am

In case anyone is confused, you can only change the locks after she moves out. This "it's only verbal therefore means nothing" thing is nonsense, a contract doesn't have to be written to exist. "Why yes judge, I did find it unusual this woman was paying me rent and I was greatly surprised to find her living in my apartment".

boomer_ie · 05-08-2006 1:07pm

hmmm wrote:

In case anyone is confused, you can only change the locks after she moves out.

Why?

Its the landlords property, he can change the locks, doors, windows, carpets etc at any time that he/she wants to

ionapaul · 05-08-2006 1:44pm

boomer_ie wrote:

Why?

Its the landlords property, he can change the locks, doors, windows, carpets etc at any time that he/she wants to

Unfortunately the law doesn't exactly agree with you 100%...

boomer_ie · 05-08-2006 3:55pm

ionapaul wrote:

Unfortunately the law doesn't exactly agree with you 100%...

Can you tell me exactly where this is said in the law, granted it may not apply to me as I live in the house as well....

hmmm · 05-08-2006 6:55pm

boomer_ie wrote:

Can you tell me exactly where this is said in the law, granted it may not apply to me as I live in the house as well....

You can make such changes in agreement with tenant. Original poster of this suggestion was talking about physically throwing the tenant out and changing the locks to prevent them gaining re-entry, which is nuts.

antoinolachtnai · 07-08-2006 11:28am

It doesn't say it anywhere in particular in the law. We are not just talking about statute law.

Basically it comes down to the nature of possession. When you rent it to them, the tenant gains an 'interest' in the property, albeit a much more limited one than the one you have. He is in possession, even though you still own it. This gives them rights. The fact that they didn't pay the rent for a month or two doesn't automatically bring those rights to an end.

The other issue is that we are talking about residential property, where people are living as their primary residence. The law is very circumspect about messing with people's shelter, and probably rightly so.

Removing a tenant's possessions and changing the locks without an order from the courts or the PRTB is generally (though not always) illegal eviction.

A lot of this does not apply if you are just letting a room in your house.

Tenant Problem

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