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What power does one have in relation to evicting a non paying tenant?

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  • 20-05-2009 8:37pm
    #1
    Jay D
    Registered Users Posts: 2,738 ✭✭✭


    Say they were on their last month and the attitude was that they don't want to pay in case they don't get their deposit back...

    Everything is above board, contract and all, just this last month not paying...

    What effectively can be done to oust them other than simply going and doing it yourself or do you have to do it that way?


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    #2
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    Jay D wrote: »
    What effectively can be done to oust them other than simply going and doing it yourself or do you have to do it that way?
    Hope they don't wreak the place, and let them leave? People are going compo crazy, and as they could pretty much not move, letting them leave may be a good idea.


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    #3
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    DON'T EVICT THEM!! It could cost you thousands. Threaten to sue/take a case to the PRTB but if you evict them you are 100% in the wrong and you will be fined hugely. Current legislation is unfairly biased in favour of non-paying tenants.


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    #4
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Make sure absolutely everything is in writing- that is point number 1. Download a copy of the 2004 Residential Tenancies Act- and make sure you stick by it to the letter of the law. Contact the PRTB and initiate a dispute, based on the non-payment of the rent (I'd almost be tempted to let this slide for a week or two- closer to when they are due to leave).

    Presumably they will leave a forwarding address for post etc?

    Is this a Part 4 tenancy- or is there a lease in place detailing the rights and obligations of the tenant and landlord?

    In all likelyhood it is a civil matter- if you go through the PRTB however- the tenant is likely to get lumped with the costs of the case down the road. It may be a future cost- but they are getting a lot better at tracking people down. The proposals to tie up their database with Revenue Commissioner records- can only be helpful in this respect.


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    #5
    MysticalSoul
    Registered Users Posts: 1,266 ✭✭✭MysticalSoul


    A lot of tenants now seem to be seeing the deposit as last month's rent. I had someone, for instance, looking at a room the other night, and when I mentioned the first month's rent and month deposit, he seemed to think the deposit was the last month's rent, until I told him that was not the case. I know a few people who have had their lodgers under rent-a-room scheme, refuse to pay the last month's rent, as they used it for the last month's rent, and then had no come back due to room being in a state.


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    #6
    jimmycrackcorm
    Registered Users Posts: 14,339 ✭✭✭✭jimmycrackcorm


    MysticalSoul wrote: »
    A lot of tenants now seem to be seeing the deposit as last month's rent.

    All because so many landlords are refusing to return the deposit for issues that shouldn't be covered.


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    #7
    EKRIUQ
    Registered Users Posts: 4,386 ✭✭✭EKRIUQ


    When I lived in America, landlords took the first months rent, last months rent and a months security deposit, big first payment but would solve the problem of people not paying the last month and you gave proper notice when leaving the house


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    #8
    happymondays
    Closed Accounts Posts: 122 ✭✭happymondays


    once you make sure the place is in the same conditon they got it and the bills are paid before they leave then let them go and move on.
    its not costing you any money as you would be giving them back the deposit anyway.

    theres no point in trying to evict them now or going to the PRTB unless the palace is in ****e or they havent paid the bills.


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    #9
    Jay D
    Registered Users Posts: 2,738 ✭✭✭Jay D


    appreciate the advise guysand to be fair the place has been immaculate any time I have been there for whatever reason, but never to do a check up, just moving stuff etc.

    I had a tenant before who I allowed to do that last month rent crap, never again, bit of a horror story like.

    This particular one has paid all the time, I'm a little concerned and I don't want the piss to be taken out of me. I've asked for it twice, wonder now from reading here whether or not I should bopther and just leave him until the end...

    Everything is in writing as wel.


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    #10
    bobbiw
    Closed Accounts Posts: 211 ✭✭bobbiw


    Jay D wrote: »
    Say they were on their last month and the attitude was that they don't want to pay in case they don't get their deposit back...

    Everything is above board, contract and all, just this last month not paying...

    What effectively can be done to oust them other than simply going and doing it yourself or do you have to do it that way?


    Make sure when signing they pay first and last month and the deposit.


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    #11
    mikemac
    Closed Accounts Posts: 19,986 ✭✭✭✭mikemac


    bobbiw wrote: »
    Make sure when signing they pay first and last month and the deposit.

    2 months rent & deposit upfront?
    In all the places I've rented I've never been asked for that.

    Good luck getting a tenant who has 3 months rent in their account and willing to hand it over when many landlords will just look for the 1st months rent and deposit.

    I suppose you're looking for a professional as your next tenant too....


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    #12
    bobbiw
    Closed Accounts Posts: 211 ✭✭bobbiw


    To be fair I am in Los Angeles and it is different here.

    A lot of irish tennants are taking advantage of the current downturn.

    In my experience this will come back to hit them.

    In my experience I think Ireland is headed for a depression and to be fair its not even close to that yet, maybe in 2-3 years.


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