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To Clarify I am entitled to kick him out?

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  • 02-07-2010 2:34pm
    #1
    smiles302
    Registered Users Posts: 463 ✭✭


    The guy I am living with is driving us all insane. At times he is like having a two year old around the house, when they are at the stage of constant questions and just will not stop talking! The rest of the time he is drunk, continuing to talk just without making any sense. We've tried to talk to him, to explain that the constant talking was annoying and the drinking was making everyone uncomfortable. He comes on to me and to the other girl in the house when drunk to the point we both just lock ourselves in our bedrooms.

    He's really disrespectful, on numerous occasions he has implied that I am a whore for sleeping with my boyfriend, he doesn't clean properly, he will sometimes clean the dishes, but he half cleans them, so there is still food stuck on them, usually on the opposite side and then puts them into the press.

    I need somebody to tell me I am able to just give him notice to leave, give him his deposit and send him on his way.

    He has paid this month's rent so I assume he is entitled to stay the end of the month, but does that count as 30 days notice?

    There is no lease, does that make a difference?


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    #2
    MarkR
    Moderators, Regional Midwest Moderators Posts: 11,100 Mod ✭✭✭✭MarkR


    Are you the landlord? Check www.threshold.ie for advice on problems with rented accommodation.


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    #3
    mprop
    Closed Accounts Posts: 116 ✭✭mprop


    MarkR wrote: »
    Are you the landlord? Check www.threshold.ie for advice on problems with rented accommodation.


    +1

    You may have several routes that you can take to get him out.


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    #4
    smiles302
    Registered Users Posts: 463 ✭✭smiles302


    I am the lease-holder I guess, if there was a lease. I pay the landlord.


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    #5
    MarkR
    Moderators, Regional Midwest Moderators Posts: 11,100 Mod ✭✭✭✭MarkR


    Have you the lease for the whole house, or only your room. If you are a tenant, you would only really have the same rights as any other tenant in that house.

    You should speak to your landlord, if they arranged the person. If you arranged it, will you be footing the bill for his part of the rent?

    Need more info really.


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    #6
    mprop
    Closed Accounts Posts: 116 ✭✭mprop


    smiles302 wrote: »
    I am the lease-holder I guess, if there was a lease. I pay the landlord.


    There should really be a lease in place, in the absence of a lease you are protected by the residential tenancies act of 2004. You can find an easy to read version on the daft.ie website.

    Talk to the landlord, he can find a way to get him out. Since he has been verbally abusive (in what he suggested) then he can be evicted faster than the usual as far as I know. Your best bet is to read up on it and talk to the landlord. If you want to stay on, suggest to the landlord that you will look for a new tenant to take his place once he is gone. The landlord will like that and you will end up living with someone you like.

    Mike


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    #7
    catthinkin
    Registered Users Posts: 1,060 ✭✭✭catthinkin


    sounds like a nightmare . who agreed for him to move in ? you or the landlord ?


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    #8
    smiles302
    Registered Users Posts: 463 ✭✭smiles302


    I have rented the house from the landlord. He's very easy going. I found the other tenents and I can afford to pay their rent if I have to, or at least until I got someone else to move in.


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    #9
    antoinolachtnai
    Registered Users Posts: 9,787 ✭✭✭antoinolachtnai


    This is a matter for yourselves as a household rather than for the landlord. By all means call the landlord and if he is agreeable, having an extra person on the case to give advice is a good idea, but it is not really his problem. Even if your housemate were a tenant on the lease, it would be no concern of his. You would all be jointly liable for the rent and for damage. The landlord cannot in law evict just one tenant, he has to evict them all. It is a private affair between yourselves. (However, if you change the locks, you should probably inform the landlord.)

    As it is, you are probably the tenant, and all the others are your licensees.

    It really sounds like your housemate has serious problems. Have you any way to contact his family to see if they are in a position to help look after him?

    Can you kick him out legally? Lots of things could be said and argued. My opinion is that how you operate your private household is not really a matter for the law. It is certainly not a matter of tenancy law. It is only Internet advice and worth what you are paying for it, but I would go ahead with the course of action you suggest, and if he misbehaves in the interim, kick him out right away. I would also tell him that you would prefer if he moved out as soon as possible and are prepared to return his rent to him if he does. I would put this (including the reasons) in writing.

    If you are at the point where you are locking yourselves in your room, there is really no going back. You have to get him to leave, one way or the other.

    Best of luck with this, I hope it works out OK.


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    #10
    smiles302
    Registered Users Posts: 463 ✭✭smiles302


    I have talked it over with the rest of my housemates and we are going to offer him july's rent back and his deposit back if he leaves straight away. Assuming that is legal yeah?
    Otherwise his 28 days notice starts today and I keep July's rent.


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    #11
    Xiney
    Registered Users Posts: 8,085 ✭✭✭Xiney


    he's not on any lease, it's legal. He's essentially a subletee and has no real rights to notice, etc.


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    #12
    Victor
    Registered Users Posts: 78,387 ✭✭✭✭Victor


    Its sounds like someone who is meant to be on medication, but is off them, or else is taking something that doesn't suit him, whether legal or not.

    It may be useful to speak to a solicitor and/or Threshold www.threshold.ie

    No particular need to refund rent for time already spent there.


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    #13
    ricman
    Closed Accounts Posts: 1,559 ✭✭✭ricman


    Give him 20 days notice ,he has no legal rights as he has no lease.His behavior is unacceptable and threatening .Theres loadsa single flats for rent or bedsits.I do not think hes able to share a house with anyone ,he s an antisocial idiot.
    Perhaps you should post an ad girl wanted to share house ,it must be a working person.references needed.Hold on to his deposit till the day he leaves ,have a male friend 2 there to make sure he leaves on the day.
    Have a detailed interview for the next person ,ask for at least 5 weeks rent as a deposit.IF the next person is not dressed well d ,ont take em as a tenant .
    ASK about hobbys ,work experience ,detailed questions .You are looking for a quiet ,nice professional person as a fellow tenant.
    IF YOU cant find a good tenant share the rent for the moment .And just try and get a female tenant.
    Change the lock on the front door as a precaution.This man could come back when he is drunk or try to rob the house or harass you .
    see here http://www.angelfire.com/ult/roommate_advice/roommate_interview_questions.htm
    you could give him 1 weeks notice, unless hes on the lease , he has no legal rights.
    Say his behavior is unacceptable especially when drinking, and your boyfriend is moving in,
    have your boyfriend in the room to show you are serious ,when you give him notice.
    I see no point in ringing threshold, you are the leaseholder , you have little choice but to evict him.


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    #14
    conorhal
    Registered Users Posts: 6,995 ✭✭✭conorhal


    Perhaps sombody can correct me on this,but as I understand it, even if he does not have a lease he isn't without rights (unless you have a lease and have illegally sub-let to the guy), if he has been there for more than 6 months and continues to pay the rent he can't legally be evicted without reason. If he's there less then 6 months then the landlord can give him a months notice to quit.


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    #15
    antoinolachtnai
    Registered Users Posts: 9,787 ✭✭✭antoinolachtnai


    conorhal wrote: »
    By the sounds of it you might have to bribe him out. Lease or no, if he has been there for more than 6 months and continues to pay the rent he can't legally be evicted without reason. If he's there less then 6 months then the landlord can give him a months notice to quit.

    It is licensor/licensee conflict or simpler than that, a conflict between members of a household.

    The laws you are referring to have to do with relationships between landlords and tenants. It is not a landlord/tenant conflict and so it is hard to see how these laws give him protection.


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    #16
    conorhal
    Registered Users Posts: 6,995 ✭✭✭conorhal


    antoinolachtnai wrote: »
    It is licensor/licensee conflict or simpler than that, a conflict between members of a household.

    The laws you are referring to have to do with relationships between landlords and tenants. It is not a landlord/tenant conflict and so it is hard to see how these laws give him protection.

    They give him protection in the sense (as I understand it) that only the landlord can kick the guy out. I don't know if the OP has a lease or not (so there my be a technicality in there regards subletting that she can use boot him out on) so she kind of needs to explain how he came to be a tennent in the house and how long he has been there.

    The op will need to talk to the landlord, but if the landlord is unwilling to do anything she's in a bind, she can ask him to move out she can move out herself, but I'd imagine that the landlord would rather not see three good tennents leave and keep one bad one.


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    #17
    antoinolachtnai
    Registered Users Posts: 9,787 ✭✭✭antoinolachtnai


    The guy is either a licensee or a tenant (less likely).

    Even if he is a tenant, the law, as I understand it, gives the landlord no special power to intervene in disputes between the joint tenants. The landlord can't strictly speaking evict joint tenants selectively. He either serves notice and terminates the lease or he doesn't. The PRTB would have no jurisdiction because it is not a dispute between a landlord and a tenant. It's a domestic matter.


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    #18
    smiles302
    Registered Users Posts: 463 ✭✭smiles302


    He's a licensee, he's only been here a month. He's only supposed to be staying here for the three months of the summer. His dad only lives down the road, he lost all his money playing poker so said he had to move back there for a few days until the dole came through...

    I'm going to offer him July's rent refunded on Tuesday if he can move out immediately. The place is so peaceful and clean with him it'd be worth it even if I have to pay his share of the rent.


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    #19
    Victor
    Registered Users Posts: 78,387 ✭✭✭✭Victor


    Note, a licencee is entitled to reasonable notice - you can't quite kick him out without notice, unless he does something that warrants kicking.


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    #20
    ricman
    Closed Accounts Posts: 1,559 ✭✭✭ricman


    well give him 28 days notice, if you are concerned about the legal implications..I,M not a lawyer but if you have no lease ,or tenancy agreement/rentbook you are not a legal tenant.
    AS in your previous post ,pay him x amount to leave the house.ie refund last months rent


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    #21
    AnonoBoy
    Closed Accounts Posts: 22,559 ✭✭✭✭AnonoBoy


    Give him notice and hopefully when he realises he's not wanted in the house he'll find somewhere sharpish and leave before the 28 days is up.


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    #22
    minners
    Registered Users Posts: 15 ✭minners


    smiles302 wrote: »
    He's a licensee, he's only been here a month. He's only supposed to be staying here for the three months of the summer. His dad only lives down the road, he lost all his money playing poker so said he had to move back there for a few days until the dole came through...

    I'm going to offer him July's rent refunded on Tuesday if he can move out immediately. The place is so peaceful and clean with him it'd be worth it even if I have to pay his share of the rent.

    sounds exactly like a guy who i lived with for about a month in Maynooth last year... the drinking and talking etc aswell. The girls i lived with asked him to leave/change etc. Just be careul how you approach it... cos it was little messy with our guy!!!


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    #23
    charlemont
    Closed Accounts Posts: 4,725 ✭✭✭charlemont


    we had a real loon living with us few years back, he had a sink in his room and when we had to enter his room with a plumber , we were shocked to find beer cans and whiskey bottles crammed under the bed, they were spilling out from under the bed, but thats only the start of it, we had complaints about bags containing excrement in the lane adjoining his window appearing under the cover of darkness, it started to make sense, we often heard the sink gurgling in the night, he was too lazy/drunk/mad to even walk down the stairs to use the toilet so therefore he was using his sink as a urinal and it was obvious the "packages" ( large envelopes, empty tins, carrier bags etc) in the lane were connected to this,

    once we confronted him he denied it but left very quickly with his tail between his legs..


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