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Getting evicted

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    #62
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    keithclancy wrote: »
    http://www.threshold.ie/page.asp?menu=70&page=244



    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.

    The right thing always matters. The tenant as far as I can see is looking for a free ride from what they said and have done. The deposit is to cover breaking the lease too which the tenant is doing .

    The OP is not taking personal responsibility for his own actions. The OP has been there a month and can't afford the rent why do you see this as a fiar action. For all you know the LL is a pensioner relying on the rent to survive after sacrificing money to save for a retirement investment of a property. It is a great jump to assume the LL is going to be automatically wrong while the OP is obviously in the wrong. Once the deposit runs out do you really think the OP will move out if he thinks he can stay rent free with the LL not really able to do anything legal about it for months?

    Live by a personal code of ethics and rather than assume others are out to screw you is a much better way to live IMHO.


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    #63
    ztoical
    Registered Users Posts: 4,788 ✭✭✭ztoical


    Ray Palmer wrote: »
    The right thing always matters. The tenant as far as I can see is looking for a free ride from what they said and have done. The deposit is to cover breaking the lease too which the tenant is doing

    It has nothing to do with the right thing and everything to do with the law. Legally the tenant must pay rent if they don't the LL may evict however they must follow the correct proceedure for eviction as per the current law which is a 14 day notice of none payment of rent then the correct notice to leave the property. People can get all emotional and play out all the different what if situations they want but it doesn't change what is the current law for private rental in this country.

    Please note I'm not saying I agree to disagree with the current set up or with the OP's situation/actions, my personal opinion doesn't matter, the law does.


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    #64
    Sir Oxman
    Closed Accounts Posts: 8,492 ✭✭✭Sir Oxman


    The OP has said it was two month lease, moved in Apr 2 move out date Jun 2.
    He got caught with no job but had paid the deposit.
    The LL has overreacted and made a fool of himself and will store trouble up for himself if he pursues his threat while the OP shouldn't be looking for and asking how much he'll get until (and if) the LL 'throws his stuff out'


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    #65
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    ztoical wrote: »
    It has nothing to do with the right thing and everything to do with the law. Legally the tenant must pay rent if they don't the LL may evict however they must follow the correct proceedure for eviction as per the current law which is a 14 day notice of none payment of rent then the correct notice to leave the property. People can get all emotional and play out all the different what if situations they want but it doesn't change what is the current law for private rental in this country.

    Please note I'm not saying I agree to disagree with the current set up or with the OP's situation/actions, my personal opinion doesn't matter, the law does.
    The law is there to make sure you do the right thing it doesn't exempt you from personal behavior. The right thing is if you can't afford something you don't steal it. Hiding behind the law to avoid personal responsibility is a low thing to do. I have already stated what can be done legally but it doesn't mean it is the moral thing to do. You seem to think I don't understand what is legal or that the LL legal obligations are. Just not surprised and believe the OP should do the right thing regardless of the law.
    For a landlord to allow such a short stay I would consider him to be do the OP a favour as very few LL would agree to it.


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    #66
    keithclancy
    Registered Users Posts: 9,208 ✭✭✭keithclancy


    Ray Palmer wrote: »
    The law is there to make sure you do the right thing it doesn't exempt you from personal behavior. The right thing is if you can't afford something you don't steal it. Hiding behind the law to avoid personal responsibility is a low thing to do. I have already stated what can be done legally but it doesn't mean it is the moral thing to do. You seem to think I don't understand what is legal or that the LL legal obligations are. Just not surprised and believe the OP should do the right thing regardless of the law.
    For a landlord to allow such a short stay I would consider him to be do the OP a favour as very few LL would agree to it.

    Allot of home owners that cannot afford their mortgages would be living in the gutter following this advice.

    Your saying its ok if its that bank then ?

    The Law is the Law, your not hiding at all, in fact everything is out in the open thats the whole point.


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    #67
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    keithclancy wrote: »
    Allot of home owners that cannot afford their mortgages would be living in the gutter following this advice.

    Your saying its ok if its that bank then ?

    The Law is the Law, your not hiding at all, in fact everything is out in the open thats the whole point.

    Based on what?
    You can renegotiate mortgage and do think similar applies to defaulting on your mortgage. So not I don't think it is ok to do it to the banks. I never mentioned the banks you are putting words into my mouth.

    The law is the law and personal responsibility is still personal responsibility. Moral values remain regardless of the law.


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    #68
    ztoical
    Registered Users Posts: 4,788 ✭✭✭ztoical


    Ray Palmer wrote: »
    The law is the law and personal responsibility is still personal responsibility. Moral values remain regardless of the law.

    If want to discuss the morals and ethics behind private rental in Ireland Humanities is that way =>


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    #69
    Fuinseog
    Registered Users Posts: 5,371 ✭✭✭Fuinseog


    Faolchu wrote: »
    pretty sure he cant legally do that i mean you're only a fe day late for god sake. contact the RPTB and threshold about it.

    maybe he can ask for credit in shops as well. he owes rent so if he is anyway decent he will pay up.


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    #70
    Fuinseog
    Registered Users Posts: 5,371 ✭✭✭Fuinseog


    dienbienphu wrote: »
    hi,

    i was due to pay a months rent to my landlord on monday. i didnt have the money. i asked the landlord would he be willing to accept my deposit as the months rent since im moving out at the end of the month. he said hes not going to accept it and will evict me on friday if i dont produce the rent. i contacted my college and they told me i was entitled to 4 weeks notice before been evicted and he said he didnt care. he said he would pack my stuff and throw it outside the door. i felt quite intimidated and reported him to the guards but they didnt do anything. i cant find the money anywhere and i have exams starting next week!


    what should i do?

    maybe you should pay the man his rent, preferably on time.

    you are in the wrong here, not the landlord.


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    #71
    djmcr
    Closed Accounts Posts: 237 ✭✭djmcr


    Fuinseog wrote: »
    maybe you should pay the man his rent, preferably on time.

    you are in the wrong here, not the landlord.

    OP doesn't have the money, offered his deposit which in the circumstances is all he can do.


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    #72
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    djmcr wrote: »
    OP doesn't have the money, offered his deposit which in the circumstances is all he can do.
    He can move out and pay his way!


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    #73
    djmcr
    Closed Accounts Posts: 237 ✭✭djmcr


    Ray Palmer wrote: »
    He can move out and pay his way!
    And LL will hold deposit for breach of contract if he moves out early so he will be out of pocket and homeless. He stays for the month, LL gets to keep deposit and OP gets time to find alternatives


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    #74
    dienbienphu
    Closed Accounts Posts: 297 ✭✭dienbienphu


    Good news people. Threshold rang me this morning, after acting as a mediator, they said the landlord will accept the compromise proposal which was put to him at the beginning. He said the reason he wouldnt accept it at the beginning was because he was worried I would leave without paying the electricity. I gave him my word that I would pay it before I left, which will work out in the region of 40 euro. I have a month to find it. But thank god for threshold or I would of been screwed without their intervention.

    Thanks threshold and thanks to all the positive comments


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    #75
    djmcr
    Closed Accounts Posts: 237 ✭✭djmcr


    dienbienphu wrote: »
    Good news people. Threshold rang me this morning, after acting as a mediator, they said the landlord will accept the compromise proposal which was put to him at the beginning. He said the reason he wouldnt accept it at the beginning was because he was worried I would leave without paying the electricity. I gave him my word that I would pay it before I left, which will work out in the region of 40 euro. I have a month to find it. But thank god for threshold or I would of been screwed without their intervention.

    Thanks threshold and thanks to all the positive comments

    A resonable end to an unfortunate situation.


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