Tenant wont move out!

MazG

Hi OP

It sounds to me like your tenant completely lost his temper when you gave him the news that he would have to move again. Perhaps he may be a bit more reasonable once he's had a chance to cool down.

Of course I don't excuse his behaviour in any way. But if what you ultimately want is to get your house back, it may be worth having another conversation with him. It might even be a good idea to bring along your mutual friend to 'witness' the conversation if possible

Best of luck

Edit: As to the people who say that it will be your word against his vis-a-vis the 'verbal agreement' to let the house to him, I would suggest that the fact that he has keys to the property and has moved all his stuff in there (maybe even had bills transferred to his name?)would be a bit of a giveaway that such a verbal agreement did, in fact, exist between you.

christina51

thanks for all the advice ,part of me just feels so guilty what with it coming up to xmas,he had planned to have his kids over,hes only there a week and im telling him go,which is why i said the second week in january would get him over the xmas and time to find a new place,i explained i wouldnt be doing this if i had any other option but i dont and ive a daughter to think about aswell.

markear1

A verbal agreement is difficult to prove but is definitely applicable in Irish law. You should contact citizens information. It might sound unbelievable but it was actually brought in to protect consumers. I know that your situation is not nice but if solicitors get involved it will drag out. Get a lease ASAP and charge him triple the rent that he thought it was going to be. If he does not sign it, then it is easier to get rid of him. If he does sign (which he will not), straight away give him notice of his eviction according to the terms of the lease. The gardai will probably not get involved into a situation where there is verbal agreements and the likes. They will just tell you to get a solicitor. It's a minefield but it's best to sort it out yourself and definitely get your friend involved since they vouched for him.

christina51

MazG wrote: »

Hi OP

It sounds to me like your tenant completely lost his temper when you gave him the news that he would have to move again. Perhaps he may be a bit more reasonable once he's had a chance to cool down.

Of course I don't excuse his behaviour in any way. But if what you ultimately want is to get your house back, it may be worth having another conversation with him. It might even be a good idea to bring along your mutual friend to 'witness' the conversation if possible

Best of luck

thanks very much,yes i told him yesterday and he lost his temper but i honestly didnt mind as understandably it was a shock to him and thought tomorrow he will have calmed a bit and we can have a reasonable conversation but when i rang him today he really went hell for leather and said i was making him homeless and he wouldnt take this lying down and he would be going to his solicitor today and would be looking for compensation,he called me a hundred different names before hanging up the phone,i dont know this guy at all,i really think im being fair,i wouldnt see anyone on the street at xmas time especially someone who would be having their children stay but i really tought he would be ok with having 6 weeks to get himself sorted out

Cathmandooo

He wont be on the street! There's plenty of places to rent, if he was able to pay to rent your house then I don't see what the difference is renting somewhere else You have to take your emotion out of it now, he's sounds like a piece of work. You have been far more than generous, he has thrown it back at you.

Give him his 28days notice in writing. The gardai can't do anything for you unless he gets violent (hopefully that wont happen). Contact your friend who vouched for him immediately, get them to have a word with him.

paky

christina51 wrote: »

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!!

you need to give him at least 28 days notice whether he has paid rent or not. after that he can be removed by the police with the eviction notice you gave him of course

paky

christina51 wrote: »

thanks very much,yes i told him yesterday and he lost his temper but i honestly didnt mind as understandably it was a shock to him and thought tomorrow he will have calmed a bit and we can have a reasonable conversation but when i rang him today he really went hell for leather and said i was making him homeless and he wouldnt take this lying down and he would be going to his solicitor today and would be looking for compensation,he called me a hundred different names before hanging up the phone,i dont know this guy at all,i really think im being fair,i wouldnt see anyone on the street at xmas time especially someone who would be having their children stay but i really tought he would be ok with having 6 weeks to get himself sorted out

why are you evicting him?

christina51

Cathmandooo wrote: »

He wont be on the street! There's plenty of places to rent, if he was able to pay to rent your house then I don't see what the difference is renting somewhere else You have to take your emotion out of it now, he's sounds like a piece of work. You have been far more than generous, he has thrown it back at you.

Give him his 28days notice in writing. The gardai can't do anything for you unless he gets violent (hopefully that wont happen). Contact your friend who vouched for him immediately, get them to have a word with him.

he didnt pay to rent my place,basically he had no money for deposit or rent upfront so he said he would pay at the end of december,i tought it would be better to have someone in the house than no one so i agreed to this but i told him on the phone today to keep the rent he was intending to pay me at the end of december to put towards a new place but he wasnt having any of it!

christina51

paky wrote: »

why are you evicting him?

tbh i had to rent out the house originally as like half of the country i was out of work and couldnt afford mortgage repayments so i moved back with my parents,i have a new job now so i can now afford my mortgage again but i had intended to keep the house rented out and stay with my parents but now my brother has split up from his wife and he will be moving back with my parents with his 4 children!i know my poor parents,they will never get rid of us lol so i cant stay there with my daughter as there isnt any room

Jumpy

So he hasnt paid a cent and wont leave. Am I correct here?

paky

christina51 wrote: »

tbh i had to rent out the house originally as like half of the country i was out of work and couldnt afford mortgage repayments so i moved back with my parents,i have a new job now so i can now afford my mortgage again but i had intended to keep the house rented out and stay with my parents but now my brother has split up from his wife and he will be moving back with my parents with his 4 children!i know my poor parents,they will never get rid of us lol so i cant stay there with my daughter as there isnt any room

so now your problem becomes his even though you had a contract? what makes you think the law should come down on your side?

christina51

Jumpy wrote: »

So he hasnt paid a cent and wont leave. Am I correct here?

yes thats correct

Susie_Q

It seems that you've been given lots of good and varied advice in here but you are refusing to take it.

Either take some action (preferably involving the guards kicking him or) or please stop repeating the same complaints over and over.

Good luck.

paky

Susie_Q wrote: »

It seems that you've been given lots of good and varied advice in here but you are refusing to take it.

Either take some action (preferably involving the guards kicking him or) or please stop repeating the same complaints over and over.

Good luck.

why is the guy guilty?

leeroybrown

paky wrote: »

so now your problem becomes his even though you had a contract? what makes you think the law should come down on your side?

The law is on her side. She can serve notice and ask him to leave. She can still ask for rent (he appears to have refused the offer of rent free accommodation of the month). On top of this a landlord (or family member) moving into the property is one of the strongest legal grounds for serving notice.

While it's not ideal for the tenant he's lucky to have been allowed to move in without rent/deposit up front and he's lucky to have been offered rent free accommodation.

christina51

paky wrote: »

so now your problem becomes his even though you had a contract? what makes you think the law should come down on your side?

no i have no contract signed with him,the house was originally leased to my friend but this new tenant only moved in last week as my friend had moved out

listermint

paky wrote: »

so now your problem becomes his even though you had a contract? what makes you think the law should come down on your side?

Its her house, This guy is a mentalist. And by your responsises your siding with the mentalist. He was bloody well lucky to get into a house with no money up front in the first place. She was more than reasonable letting him have a free roof over his head for the entire december and into January.

Are you for real mate??

listermint

OP, serve notice today, or at latest tomorrow. that will bring you right up to the time when you need to get in. Then get the guards involved.

christina51

Susie_Q wrote: »

It seems that you've been given lots of good and varied advice in here but you are refusing to take it.

Either take some action (preferably involving the guards kicking him or) or please stop repeating the same complaints over and over.

Good luck.

im sorry i just wanted to make sure i was doing the right thing.

christina51

thanks everyone xxxxxxxx

paky

christina51 wrote: »

he didnt pay to rent my place,basically he had no money for deposit or rent upfront so he said he would pay at the end of december,i tought it would be better to have someone in the house than no one so i agreed to this but i told him on the phone today to keep the rent he was intending to pay me at the end of december to put towards a new place but he wasnt having any of it!

you let him move into the house without paying rent or deposit.
you were pretty generous, i'll give you that.

the terms of this agreement were that he would pay you all the money owed at the end of december?

so you tried to alter the terms of the agreement and he didnt accept them.
thats tough luck on your part.

the agreement is made and you are the one not honouring it.

he is entitled to stay there once he pays you in december.

i would forget about kicking him out on the street or you will have a very big lawsuit pending against you.

christina51

paky wrote: »

you let him move into the house without paying rent or deposit.
you were pretty generous, i'll give you that.

the terms of this agreement were that he would pay you all the money owed at the end of december?

so you tried to alter the terms of the agreement and he didnt accept them.
thats tough luck on your part.

the agreement is made and you are the one not honouring it.

he is entitled to stay there once he pays you in december.

i would forget about kicking him out on the street or you will have a very big lawsuit pending against you.

no sorry i should have explained that properly,he had no money so i said fine stay in the house and at the end of december he would pay a month upfront,i didnt ask him to pay for the lenght of time he has stayed already.really we would just start at the end of december and he could stay rent free til then .

paky

listermint wrote: »

Its her house, This guy is a mentalist. And by your responsises your siding with the mentalist. He was bloody well lucky to get into a house with no money up front in the first place. She was more than reasonable letting him have a free roof over his head for the entire december and into January.

Are you for real mate??

whats a mentalist mate?

it doesnt matter who owns the house. there was a contract made between the landlord and tenant. thats the issue here not the ownership of the house.

coffee_cake

I thought if a landlord needed the house for themselves/relatives there was some short-term notice exception
edit: sorry that's after 6 months,doesn't apply here, nevermind
Security of tenure is based on 4-year cycles from the date Part 4 of the Act comes into force (i.e. 1st September 2004). The landlord can terminate without specifying grounds during the first 6 months, but once a tenancy has lasted 6 months, the landlord will be able to terminate that tenancy (known as a "Part 4 tenancy") during the following 3 1 /2 years only if any of the following apply;
- the tenant does not comply with the obligations of the tenancy
- the dwelling is no longer suited to the occupants accommodation needs (e.g. overcrowded)
- the landlord intends to sell the dwelling in the next 3 months
- the landlord requires the dwelling for own or family member occupation
- the landlord intends to refurbish the dwelling
- the landlord intends to change the business use of the dwelling.

Susie_Q

paky wrote: »

you let him move into the house without paying rent or deposit.
you were pretty generous, i'll give you that.

the terms of this agreement were that he would pay you all the money owed at the end of december?

so you tried to alter the terms of the agreement and he didnt accept them.
thats tough luck on your part.

the agreement is made and you are the one not honouring it.

he is entitled to stay there once he pays you in december.

i would forget about kicking him out on the street or you will have a very big lawsuit pending against you.

You are completely incorrect. The guy has no written lease or contract to state he has the right to live in this property. The most he is legally entitled to (as previously mentioned in this thread) is 28 days written notice. After that time has expired he has no right to be in the property and can be legally ejected.

As for a big lawsuit, I actually laughed when you said that. You're being ridiculous. He has no legal basis for any case. Moreover he can't even pay rent let alone pay solicitors fees!

paky

christina51 wrote: »

no sorry i should have explained that properly,he had no money so i said fine stay in the house and at the end of december he would pay a month upfront,i didnt ask him to pay for the lenght of time he has stayed already.really we would just start at the end of december and he could stay rent free til then .

it doesnt make a difference. the agreement is made and your trying to alter the terms which he wont accept. look im not arguing with ya.
im just telling you the likely outcome if this goes to court.

paky

Susie_Q wrote: »

You are completely incorrect.

I actually lol'd when i read this

Susie_Q wrote: »

The guy has no written lease or contract to state he has the right to live in this property.

the guy has a verbal agreement which has just been stated by the landlord. is that not obvious?

Susie_Q wrote: »

The most he is legally entitled to (as previously mentioned in this thread) is 28 days written notice. After that time has expired he has no right to be in the property and can be legally ejected.

As for a big lawsuit, I actually laughed when you said that. You're being ridiculous. He has no legal basis for any case. Moreover he can't even pay rent let alone pay solicitors fees!

Susie_Q

Please post links to the relevant Irish legislation that you claim can be used for a court case in this situation. This should not be a problem considering how emphatic you are.

paky

bluewolf wrote: »

I thought if a landlord needed the house for themselves/relatives there was some short-term notice exception
edit: sorry that's after 6 months,doesn't apply here, nevermind
Security of tenure is based on 4-year cycles from the date Part 4 of the Act comes into force (i.e. 1st September 2004). The landlord can terminate without specifying grounds during the first 6 months, but once a tenancy has lasted 6 months, the landlord will be able to terminate that tenancy (known as a "Part 4 tenancy") during the following 3 1 /2 years only if any of the following apply;
- the tenant does not comply with the obligations of the tenancy
- the dwelling is no longer suited to the occupants accommodation needs (e.g. overcrowded)
- the landlord intends to sell the dwelling in the next 3 months
- the landlord requires the dwelling for own or family member occupation
- the landlord intends to refurbish the dwelling
- the landlord intends to change the business use of the dwelling.

if theres any truth in this you will be fine.

coffee_cake

paky wrote: »

if theres any truth in this you will be fine.

as i said, it doesnt apply in this case

all OP has to do is give 28 days' notice NOW and kick them out at the end of Dec