Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Getting evicted

Options
2

Comments

  • Options
    #32
    Osgoodisgood
    Registered Users Posts: 869 ✭✭✭Osgoodisgood


    djmcr wrote: »
    Maybe, just maybe the landlord has spent deposit already and had planned on screwing the OP out of it (can't say it doesn't happen).

    Or maybe the dog ate it. Or Mork took it.

    Or possibly the tenant hasn't offered all of the relevant information.


  • Options
    #33
    dienbienphu
    Closed Accounts Posts: 297 ✭✭dienbienphu


    hi,
    my lease began on the 2nd of april and was due to end the second of june. it was short term accomodation only. ( and the chances of damage occuring within that time are slim )
    i paid a deposit and months rent up front. i was planning to have a job by now but it fell through. i contacted st vincent the paul and they would be able to help but it would be next week at the earliest.


  • Options
    #34
    paky
    Banned (with Prison Access) Posts: 2,138 ✭✭✭paky


    Mr. Presentable wrote: »
    But the OP didn't pay his rent! Show some judgments where the LL has ANY rights. His LL has no recourse to occupy his own property :eek: The OP ceases to rent when he stops paying. Still the LL is screwed.

    I get it that some LLs are monsters, but at least a tenant has all the law on his side - even when he is the agreement breacher. The Landlord has nothing.

    thats not true. the law doesnt favour the tenant. a landlord can terminate an agreement within six months if it suits him. if a tenant does this he loses his deposit. tell me how the law favours the tenant in this situation?


  • Options
    #35
    rick_fantastic
    Registered Users Posts: 910 ✭✭✭rick_fantastic


    dienbienphu wrote: »
    hi,
    my lease began on the 2nd of april and was due to end the second of june. it was short term accomodation only. ( and the chances of damage occuring within that time are slim )
    i paid a deposit and months rent up front. i was planning to have a job by now but it fell through. i contacted st vincent the paul and they would be able to help but it would be next week at the earliest.

    Hi OP, are you in receipt of grant? Have you tried the Student Assist Fund in your college? The Welfare Officer or Grant Officer?

    So your effectively in a short term lease for a few months and on second month you cant pay your rent???? :confused: or are you in lease since april 2010?

    If your only there since April 2nd this year and you cant make the first rental payment, I'd kick you out on your ass too.


  • Options
    #36
    dienbienphu
    Closed Accounts Posts: 297 ✭✭dienbienphu


    rick_fantastic wrote: »
    Hi OP, are you in receipt of grant? Have you tried the Student Assist Fund in your college? The Welfare Officer or Grant Officer?

    i got the student assistant fund before christmas. they will only give it once.
    i was in receipt of the grant which was 3000 but that has been spent. im so close to finishing college after such a difficult year.
    rick_fantastic wrote: »
    So your effectively in a short term lease for a few months and on second month you cant pay your rent???? :confused: or are you in lease since april 2010?

    no april of this year
    rick_fantastic wrote: »
    If your only there since April 2nd this year and you cant make the first rental payment, I'd kick you out on your ass too.

    thanks thats very reassuring


  • Advertisement
  • Options
    #37
    Joey the lips
    Registered Users Posts: 10,262 ✭✭✭✭Joey the lips


    The landlord knows the risks when renting. You just cannot evict and get rid of a tenent that easy. If the landlord is stupid enough to try it then the landlord deserves to be brought to court.

    As for the tenent. Its a renters market at the moment so references wont be necessary but I would always keep a bank statement showing my payments of rent to the landlord. It acts as proof you paid rent if the landlord does not give you a reference.


  • Options
    #38
    dienbienphu
    Closed Accounts Posts: 297 ✭✭dienbienphu


    Joey the lips wrote: »
    The landlord knows the risks when renting. You just cannot evict and get rid of a tenent that easy. If the landlord is stupid enough to try it then the landlord deserves to be brought to court.

    As for the tenent. Its a renters market at the moment so references wont be necessary but I would always keep a bank statement showing my payments of rent to the landlord. It acts as proof you paid rent if the landlord does not give you a reference.

    i have a rent book and the tenancy agreement is in that. will that do as evidence if he goes through with it?


  • Options
    #39
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    In fairness you are a terrible tenant and would anger most normal people if after a month you can't afford the rent and are already moving out.

    Do the right thing yourself and move out without any fuss. Try to get a friend to put you up for the month while you do your exams. Why exactly do you feel the landlord should put up with your behavior? I know you have him on a legal point but morally you got to admit it is bit on the low side.


  • Options
    #40
    dienbienphu
    Closed Accounts Posts: 297 ✭✭dienbienphu


    Ray Palmer wrote: »
    In fairness you are a terrible tenant and would anger most normal people if after a month you can't afford the rent and are already moving out.

    Do the right thing yourself and move out without any fuss. Try to get a friend to put you up for the month while you do your exams. Why exactly do you feel the landlord should put up with your behavior? I know you have him on a legal point but morally you got to admit it is bit on the low side.

    i offered the man a compromise but he rejected it. he then made illegal threats to evict me? what do u expect me to do?
    the contract is till the 2nd of june. i am a student. to be honest i think the landlord is a complete low life bully who thinks he can getaway with intimidating students.
    i'll excercise my rights if i have too. thats what they're there for


  • Options
    #41
    rick_fantastic
    Registered Users Posts: 910 ✭✭✭rick_fantastic


    Whats this compromise you talk about...? Trying to use your security deposit as rent isnt a compromise, its a demand to suit YOU!

    So you rent a place, knowing full well that you cant afford to pay the rent, cop on to yourself...

    You refuse to pay your rent and then claim the landlord is "bullying" you to pay your rent or leave the property...

    Back to your mothers teat there, your not mature enough for the real world.


  • Advertisement
  • Options
    #42
    dienbienphu
    Closed Accounts Posts: 297 ✭✭dienbienphu


    rick_fantastic wrote: »
    Whats this compromise you talk about...? Trying to use your security deposit as rent isnt a compromise, its a demand to suit YOU!

    So you rent a place, knowing full well that you cant afford to pay the rent, cop on to yourself...

    You refuse to pay your rent and then claim the landlord is "bullying" you to pay your rent or leave the property...

    Back to your mothers teat there, your not mature enough for the real world.

    my mothers a full blown alcoholic. i wish i could turn to her but i cant


  • Options
    #43
    rick_fantastic
    Registered Users Posts: 910 ✭✭✭rick_fantastic


    sorry to hear that but its still not an excuse for you not having your act together.

    you need to check with PRTB and Threshold your rights since your only in the tenancy for 1 month and cant pay rent already... short term tenancies dont carry same rights AFAIK.

    i dont think you have same rights are someone who has been in residence for longer period...

    Also just a thought... are you renting a room / house / full apartment... if you are renting a room in share accomodation then I doubt your a leaseholder, in that case the PRTB wont want to know. more than likely you have a sub licensee agreement which give you little or no rights.


  • Options
    #44
    dienbienphu
    Closed Accounts Posts: 297 ✭✭dienbienphu


    rick_fantastic wrote: »
    sorry to hear that but its still

    ya but still


  • Options
    #45
    SteoL
    Closed Accounts Posts: 1,545 ✭✭✭SteoL


    Rick is correct. IIRC if the tenancy is under 6 months the LL can evict you without having to give a reason. However, notice periods etc still apply so he can't just "turf" you out on the street.


  • Options
    #46
    unclejunior
    Banned (with Prison Access) Posts: 265 ✭✭unclejunior


    rick_fantastic wrote: »
    sorry to hear that but its still not an excuse for you not having your act together.

    you need to check with PRTB and Threshold your rights since your only in the tenancy for 1 month and cant pay rent already... short term tenancies dont carry same rights AFAIK.

    i dont think you have same rights are someone who has been in residence for longer period...

    Also just a thought... are you renting a room / house / full apartment... if you are renting a room in share accomodation then I doubt your a leaseholder, in that case the PRTB wont want to know. more than likely you have a sub licensee agreement which give you little or no rights.

    its a good thing that you familiarise yourself with the law if you think landlords can go around evicting tenants without any regard of the law.

    the tenant has every right to request 28 days notice. he already offered his deposit up.
    the law states that he must get 28 days notice. nobody should be above the law.

    OP you should make an example of this guy if he illegally evicts you. there are too many gombeen landlords in this country who think they can do what they like with out any respect for peoples human right to a home.
    make a stand against this scumbag. if it takes 3 years to get him to court, do it. he will think twice about doing it again


  • Options
    #47
    rick_fantastic
    Registered Users Posts: 910 ✭✭✭rick_fantastic


    the landlord also has a right to expect payment of rent on the due date without issue.

    the tenant has an obligation to pay the rent on time without issue.

    the OP hasn't clarified if they are a leaseholder, sub licensee tenant or renting a room.

    this makes a huge difference in regards to the rights of the tenant and also in the eyes of the PRTB.

    sub licensee tenants can be asked to leave at 7 days notice.


  • Options
    #48
    unclejunior
    Banned (with Prison Access) Posts: 265 ✭✭unclejunior


    rick_fantastic wrote: »
    the landlord also has a right to expect payment of rent on the due date without issue.

    thats why legislation like this exists. its unrealistic for landlords not to forsee something like this happening. the landlord needs to get a reality check. this isnt the 1800s.


  • Options
    #49
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    dienbienphu wrote: »
    i offered the man a compromise but he rejected it. he then made illegal threats to evict me? what do u expect me to do?
    the contract is till the 2nd of june. i am a student. to be honest i think the landlord is a complete low life bully who thinks he can getaway with intimidating students.
    i'll excercise my rights if i have too. thats what they're there for

    You are a chancer and not willing to take responsibility for your own actions.

    So what if you are a student you agreed to pay rent you couldn't afford and are surprised that the landlord gets angry and threatens you. He is not threatening you because you are a student it is because you are trying to stiff him on rent after being there a month. The rights are there to protect people who need protection you are using them like a weapon because you can't afford your rent which you knew before you signed an agreement.

    Grow up take responsibility and stop trying to play the victim when it is the landlord that is actually the victim.

    What people said about your question about how much you would get is very apparent now.


  • Options
    #50
    rick_fantastic
    Registered Users Posts: 910 ✭✭✭rick_fantastic


    its also unrealistic for tenant to expect to live in a property rent free cos they couldn't be arsed budgeting there money properly.

    its also bad form and wrong to think your security deposit can be used as last months rent.


  • Options
    #51
    unclejunior
    Banned (with Prison Access) Posts: 265 ✭✭unclejunior


    rick_fantastic wrote: »
    its also unrealistic for tenant to expect to live in a property rent free cos they couldn't be arsed budgeting there money properly.

    its also bad form and wrong to think your security deposit can be used as last months rent.

    seems to me the landlord would of gotten the money either way. i bet hes just sorry he couldnt get a chance to skim the ops deposit before he gave it back to him. the landlord sounds like a pr.ick. any reasonable person would accept the deposit if the tenant was stuck for money. hes made it quite clear he has no money but the landlord just doesnt care. seems quite odd to me. if he evicts the tenant, he will still get the money but will be facing legal action from the tenant if this happens.


  • Advertisement
  • Options
    #52
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    unclejunior wrote: »
    seems to me the landlord would of gotten the money either way. i bet hes just sorry he couldnt get a chance to skim the ops deposit before he gave it back to him. the landlord sounds like a pr.ick. any reasonable person would accept the deposit if the tenant was stuck for money. hes made it quite clear he has no money but the landlord just doesnt care. seems quite odd to me. if he evicts the tenant, he will still get the money but will be facing legal action from the tenant if this happens.
    After a month if a tenant tried to do this I would assume they wouldn't leave after the security deposit ran out. A very reasonable opinion to have. While there is no suggestion that the landlord would keep the deposit than people making statements here there is enough to suggest the tennat will not leave or pay rent due.

    Why should the landlord carry a complete stranger who has done nothing but be dishonest thus far?


  • Options
    #53
    unclejunior
    Banned (with Prison Access) Posts: 265 ✭✭unclejunior


    Ray Palmer wrote: »
    Why should the landlord carry a complete stranger who has done nothing but be dishonest thus far?

    when leasing a property/house/room landlords are accepting the risk which come with that. all landlords ought to know this. its not fair to assume the op is been dishonest here. a court wouldnt do that. people have rights, and been owed money doesnt give you the right to violate those rights.


  • Options
    #54
    djmcr
    Closed Accounts Posts: 237 ✭✭djmcr


    Osgoodisgood wrote: »
    Or maybe the dog ate it. Or Mork took it.

    Or possibly the tenant hasn't offered all of the relevant information.

    Just offering another possibility as to the aggressive nature of the LL


  • Options
    #55
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    unclejunior wrote: »
    when leasing a property/house/room landlords are accepting the risk which come with that. all landlords ought to know this. its not fair to assume the op is been dishonest here. a court wouldnt do that. people have rights, and been owed money doesnt give you the right to violate those rights.
    I am not assuming he has been dishonest he actually has been dishonest by what he has said. Signed and agreement to pay rent when he knew he didn't have the money. Even with the benifit of doubt the best you can say is he took a gamble with somebody elses money that he would get a job to pay the rent. Both amount to a form of theft IMHO.

    The LL may be aware he is taking a risk but when it happens he doesn't have to be happy about it. While expecting it to happen at some stage it doesn't actually answer why you think he should have to put up with it. That is the same as saying shops know there will be theft from a the store and should just accept it.


  • Options
    #56
    djmcr
    Closed Accounts Posts: 237 ✭✭djmcr


    Ray Palmer wrote: »
    I am not assuming he has been dishonest he actually has been dishonest by what he has said. Signed and agreement to pay rent when he knew he didn't have the money

    Circumstances change after agreements are signed.


  • Options
    #57
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    djmcr wrote: »
    Circumstances change after agreements are signed.
    Read it again he didn't have the money and was hoping to have a job in order to pay the rent. Dishonest plain and simple


  • Options
    #58
    keithclancy
    Registered Users Posts: 9,208 ✭✭✭keithclancy


    OP can't afford to pay the Rent

    This is one of things the deposit covers, the deposit is not some sort of bonus payment when the person moves out, its also to cover damage, unpaid bills etc.

    I'd stick it out OP and move out when you can without making yourself homeless.

    I was renting in Ireland for 10 years, it was an absolute joke without any form of regulatory body governing it.

    Students are treated like they are all idiots, charging high rents and kitting out the apartments with absolute junk, even getting them to sign forms saying their parents will cover x amount in the event of damage.

    IMO, did a Pizza delivery job for a while in Cork as second evening job to save up some money, must have delivered to a few hundred student houses, I would feel sorry for a squatter in the majority of them.

    In my experience, the more forms and formality you have with a Rental Agency the more they will try and screw you out of your deposit, had one company in Shankill said that "the cheque is in the post" and got very dismissive when I requested a signed declartion saying there was no damage to the house and they perform the inspection in my presence. Eventually the guy turned up with cash as I told him we weren't going anywhere without getting an inspection and a signed agreement to that effect and that if they tried to force entry I would call the Gardai.

    I've had the best experience when I've had a rental agreement and communication with the landlord, expecially when you show the same respect for a rented premises as you would a house you have bought yourself (Which I always have)

    Worst experience was with Agencies.

    With the Agencies I learned after 2 to 3 experiences not to pay the last months rent and moved out, they were really slow and checking their accounts, once I recieved a statement saying they were decucting 400 pounds as a professional cleaning fee and repainting (the place was spotless) and I wouldn't be recieving my deposit back.

    Over here on the Continent, Renting is far better regulated, too many cowboys around the place in Ireland renting out absolute kips.

    Sorry for the OT post :)


  • Options
    #59
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    keithclancy wrote: »
    OP can't afford to pay the Rent

    This is one of things the deposit covers, the deposit is not some sort of bonus payment when the person moves out, its also to cover damage, unpaid bills etc.
    If the deposit is used for rent after a month what coverage has the LL got that
    a) he'll move out
    b) he doesn't cause any damage

    The LL is not looking for a bonus payment that suggestion is just coming from here. AS regarding how some LL have property that has little bearing on what the OP is doing. It seems apparent from the OPs comments he is not particularly bothered about doing the right thing but rather screwing the LL. The LL is justified in his anger and may have just spoken out of turn which is pretty understandable.

    It sounds unlikely the OP was going to get a job while doing his exams


  • Options
    #60
    keithclancy
    Registered Users Posts: 9,208 ✭✭✭keithclancy


    Ray Palmer wrote: »
    If the deposit is used for rent after a month what coverage has the LL got that
    a) he'll move out
    b) he doesn't cause any damage

    The LL is not looking for a bonus payment that suggestion is just coming from here. AS regarding how some LL have property that has little bearing on what the OP is doing. It seems apparent from the OPs comments he is not particularly bothered about doing the right thing but rather screwing the LL. The LL is justified in his anger and may have just spoken out of turn which is pretty understandable.

    It sounds unlikely the OP was going to get a job while doing his exams

    http://www.threshold.ie/page.asp?menu=70&page=244
    The landlord may only keep some or all of the deposit to cover rent arrears or the costs of repairing any damage above normal wear and tear.

    Whatever the 'right' thing is doesn't matter. The landlord is in a position whereby his Tenant doesnt have money to pay the rent. If the OP is not looking for a free ride, he is simply asking to use the money he paid as a deposit to cover such an eventuality as part of the rent until he can find alternative arrangements.

    A Landlord/Agency when presented with a situation will rarely/never do 'the right or morally correct thing' i.e. would boot someone out on their ass making them homeless rather than give them time to sort something out.

    A Tenant should take the same approach.


  • Advertisement
  • Options
    #61
    EricPraline
    Registered Users Posts: 486 ✭✭EricPraline


    keithclancy wrote: »
    A Landlord/Agency when presented with a situation will rarely/never do 'the right or morally correct thing' i.e. would boot someone out on their ass making them homeless rather than give them time to sort something out.

    A Tenant should take the same approach.
    This line of thinking on both sides is part of the reason that so many unreasonable rental-related situations arise: "I've heard bad anecdotal stories about [landlords/tenants] therefore I assume that all [landlords/tenants] must be the same, and so I'm going to screw over my [landlord/tenant] before they screw me over".


Advertisement