Tenant wont move out!

christina51

hi there i had my house rented out before,basically to cut a long story short a new tenant moved in a week ago unfortunately circumstances have changed and i rang him to say he would have to move out but not until the 2nd week in january,he hasnt paid any rent or deposit or signed a lease and i told him he could stay in the house rent free and use the money towards a new place in january,hes completely flipped out and says he is going to his solictor today and he wants compensation(????)because he has nowhere to go and i am making him homeless!!please tell me what to do!!

RedXIV

If he has no lease, he has no legal footing i'd say

You let tenants in your house without them giving you a deposit or rent ? That weirdness aside he has no leg to stand on so tell him to get out straight away.

christina51

RedXIV thanks for reply.he is in such a temper though im actually afraid he might damage the property.ive tried to reason with him,and even let him stay rent free til after xmas is over but he wont hear of it,just screamed down the phone and called me everything under the sun!

RedXIV

I'd also be of the thought that you offering your hospitality for a few weeks for free and him throwing it in your face would be enough to retract that. Ring him up, tell him the Guards are on the way for trespassing on private property

Let the guards deal with him if he has a temper

christina51

RoverJames yes i know but he is a friend of a friend and had no money for a deposit or months rent up front but my friend vouched for him saying he was a really nice guy so i told him he could give me a months rent upfront at the end of december because he said he wouldnt have any money til then.

christina51

i really dont want to throw him out on the street,i know he had planned to have his kids over for xmas,which is why i told him stay til january,but now hes threatening me with solictor saying he has to be compensated because he has nowhere else to go.im never renting out my house again!

RedXIV

I know he's the friend of a friend, and in fairness, you must be a very generous person to offer what you did. But he's taking advantage of your kindness.

At the very least, get the friend of yours and this tenant to step in and give him a solid kick up the backside

sealgaire

Jesus put a fullstop in that paragraph!

MsFifers

maybe your mutual friend can intervene on your behalf, since they vouched for him? No offence, but you shouldn't have let out your place to someone without ensuring all the legalities were in place - lease, deposit, tenant references etc. and at least getting some rent in advance.

It sounds like he sees you as a soft touch - don't listen to any rants, he is just trying to intimidate you. You need to get him out a.s.a.p. and then change the locks.

christina51

thanks for all the replies everyone,i feel a bit better now,but that does anyone know if he is actually entitled to any compensation for me asking him to leave?

He sounds like a nutty scumbag bully. He had no leg to stand on, tell him to get out by end of today and then call the Gardai if he doesn't. Also get this friend of yours to get involved.

Ortiz

sealgaire wrote: »

Jesus put a fullstop in that paragraph!

No he didn't...

RedXIV

He's entitled to nothing.

The lease is the key, thats the legally binding document.

As far as the law will see it, your name is on the deed of the house, its your property and you want him off it which you're perfectly entitled to. The fact that you verbally agreed to let him rent it in the first place is not provable or relevant.

Get him out, if he can't be nice, he doesn't deserve to be treated nice

Captain Commie

No lease no rights, pure and simple, let him go to the solicitor, will end up costing him more in the long run. Any solicitor worth their salt will laugh him out of the office.

If he gives you any reason to feel that he may damage the property then get the gardai involved straight away and tell them everything, also keep a log with times that you have spoken to him etc etc, make it as detailed as possible. If he tries to take action a simple diary can be very effective.

Forget the fact that he is the friend of a friend, tell him that unless he can produce written evidence of a lease then he is trespassing on your property and he has 24 hours to get out else you will be getting the gardai involved, and follow through on your word, else he will see you as being weak and will milk it for all its worth

Keedowah

If he doesn't have money for rent then he doesn't have money for a solicitor - case closed.

In all seriousness though - I think you've been more then fair to him. As others have said, if he is being unreasonable, get his friend involved.

leeroybrown

I could understand someone being annoyed that you changed your mind but a month's notice rent free with no deposit in a situation without any lease is quite generous and should give him adequate time to find a new place. I'd have retracted that generous offer and told him that he was no longer welcome in the property the second he started with the threats. I'd suggest you do the same.

christina51

just rang a solictor for advice,she basically said even though there is no written agreement in place,there is still a verbal agreement and i have to give him 2 months notice to leave but if he refuses then basically ill have to get a court order to get him out,sounds ridiculous to me being honest.cant believe this is happening!

RedXIV

If i were you I'd ring the guards anyway. As said above, if he hasn't the money for rent, he hasn't the money for solicitors or court cases.

Did you tell the solicitor how long he had been there for? it sounds like she was quoting squatters rights?

ztoical

christina51 wrote: »

just rang a solictor for advice,she basically said even though there is no written agreement in place,there is still a verbal agreement and i have to give him 2 months notice to leave but if he refuses then basically ill have to get a court order to get him out,sounds ridiculous to me being honest.cant believe this is happening!

Where are they getting two months from? If he doesn't have a lease then he is a part 4 tenancy, he's been in the property less then 6 months so gets 28 days which you've more then given. Does the solictor you called deal with tenancy issues? If not I'd ring Threashold or the PRTB.

christina51

ya i explained the full situation to her but she said its a very grey area!going to ring threshold now and see what they say.

christina51

christina51 wrote: »

just rang a solictor for advice,she basically said even though there is no written agreement in place,there is still a verbal agreement and i have to give him 2 months notice to leave but if he refuses then basically ill have to get a court order to get him out,sounds ridiculous to me being honest.cant believe this is happening!

Don't waste your time with solicitors and threshold etc, tell this chap to get the f out of your house immediately.

djimi

christina51 wrote: »

i really dont want to throw him out on the street,i know he had planned to have his kids over for xmas,which is why i told him stay til january,but now hes threatening me with solictor saying he has to be compensated because he has nowhere else to go.im never renting out my house again!

Point him in the direction of daft.ie and tell him to pick somewhere!

Did you give him notice in writing that you wanted him out? It might be necessary for legal reasons, although that would also make his tenancy somewhat official so you may need to look into that...

jenny jinks

christina51 wrote: »

just rang a solictor for advice,she basically said even though there is no written agreement in place,there is still a verbal agreement and i have to give him 2 months notice to leave but if he refuses then basically ill have to get a court order to get him out,sounds ridiculous to me being honest.cant believe this is happening!

That solicitor knows nothing! If it is residential it must go to the PRTB.

christina51

ok threshold said i have to give him notice in writing 28days notice to be precise but if he still refused to move i would need a court order to get him off the property,this is such a nightmare.

RedXIV

Ring the guards. tell them he is trespassing. if he says he is renting, he should be able to produce a lease. He can't therefore he has nothing going for him. honestly. Just ring the guards

markear1

Sorry Christina but a verbal agreement has taken place and if I were you I would delete this thread as it is proof that a verbal agreement has occurred. You probably will have to give him 2 months notice but you should also get a lease. Maybe in the lease you could quote a ridiculous amount of rent to be paid and then he might leave before the 2 months are up as he is not able to afford the 2 months

listermint

christina51 wrote: »

ok threshold said i have to give him notice in writing 28days notice to be precise but if he still refused to move i would need a court order to get him off the property,this is such a nightmare.

TBH, tell him he's out. Tell him to your ringing the guards if he is not out by the end of the day/week. And get your 'friend' involved right now. Stop stepping around being nice with Threshold solicitors.etc. You will end up months at that stuff. Take hold of the situation you've been too nice so far. This guy is obviously a plank.

christina51

markear1 wrote: »

Sorry Christina but a verbal agreement has taken place and if I were you I would delete this thread as it is proof that a verbal agreement has occurred. You probably will have to give him 2 months notice but you should also get a lease. Maybe in the lease you could quote a ridiculous amount of rent to be paid and then he might leave before the 2 months are up as he is not able to afford the 2 months

really?but i really tought a verbal agreement wouldnt stand up in court?

RedXIV

How could it? He says it happened, you say it didn't? then what happens? thats why we need proof i.e. a physical lease.

Honestly, I wish my landlord was like you, i really do, and part of me is saying that because I know i'd probably get my way in rent reviews. You were doing this guy a favour and he took the mick. if your mutual friend IS a friend, they'd be doing this for you.

Its not worth the hassle of keeping him there. You'll feel a little guilty but you'll also get your life back on track

stephendevlin

He's not even paying for it???? No money = No solicitors is right. Throw the Bum out. He's chancing his arm. Buy him a tent and send him on his way. You've been more than nice about it and he has threw it back at you. :rolleyes: