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Pursuing former lodger for €

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  • 28-06-2011 5:12pm
    #1
    makeorbrake
    Registered Users Posts: 4,664 ✭✭✭


    Hi. Long story short. I rented out to someone (rent a room scheme) - and after 5 years at this, I guess I got a bit complacent and took know deposit (no need to admonish me on that a/c - I will do that myself!).

    Anyways - lodger had been promising for the past 9 months to make good the damage - but never happened. Predictably, he's ignoring my texts and phone calls now.

    I want to take this to the district court. How likely am I to get a result there? If the individual claims ignorance of the damage (broken window), where is that likely to leave me from a legal standpoint?

    (I know most people would say forget it - but I don't want to. It's not necessarily about the €€ - more the principal than anything else).


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    #2
    duckysauce
    Closed Accounts Posts: 4,930 ✭✭✭duckysauce


    there for five years and you want to go to distict court about a window ?


    is it a big window ?


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    #3
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    I think the OP is saying he has been letting a room for the past 5 years, not necessarily to the same person- and became complacent and didn't ask the most recent person for a deposit. They are no longer in the house, and are ignoring the issue.

    OP- to be honest with you- sure you can go and have a judgement registered against the person who broke the window- but its not going to ensure that the judgement is paid. Its a whole lot of trouble for you? I know its expensive, and none of us have any money to spare these days- but there are times when you have to bite the bullet and put some things down to experiences, and move on. I genuinely don't think you'll get the money out of your extenant, irrespective of what you do- and investing time, energy and further expense in chasing it- could be akin to trying to flog a dead horse.........


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    #4
    makeorbrake
    Registered Users Posts: 4,664 ✭✭✭makeorbrake


    duckysauce wrote: »
    there for five years and you want to go to distict court about a window ?


    is it a big window ?
    As smmccarrick has clarified for you - no. However, you think that if you lived somewhere for X amount of time, the onus shouldn't be on you to put right the damages? Christ on a bike - people seem to have an uncanny knack of justifying the error of their ways and slithering out from under their responsibilities!

    I suppose the rationale (if it could be called that) would be that I would have made a shed load of cash - so therefore why should the lodger have to pay?:eek:

    Perhaps I'm alone in this - but you break something - you pay for it. simples.
    smmccarrick wrote:
    to be honest with you- sure you can go and have a judgement registered against the person who broke the window- but its not going to ensure that the judgement is paid. Its a whole lot of trouble for you? I know its expensive, and none of us have any money to spare these days
    Firstly, thanks for your post. Do you have any idea of what the process is to get this done ie. judgement registered? It's not necessarily about the money - it's the principal of the thing. I'm willing to spend some time and money (but within reason) on this.


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    #5
    solovely
    Closed Accounts Posts: 273 ✭✭solovely


    Wow, no wonder us owner-occupiers can have trouble renting out rooms with resident landlords like this! They give us all a bad name.

    I had to replace a wooden floor after first tenant stained it - thanked her very much for paying me rent for over a year and still keep in touch. Spent the last 2 days cleaning up and airing the house after another, and again no hard feelings. Lots of bits and pieces broken (delf, etc.) over the year, wouldn't dream of asking her to pay.

    I really hope for the sake of the rest of us that you don't succeed with this. It's hard enough for a lot of people to get tenants as it is, without following them to court over a broken window!


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    #6
    makeorbrake
    Registered Users Posts: 4,664 ✭✭✭makeorbrake


    solovely wrote: »
    Wow, no wonder us owner-occupiers can have trouble renting out rooms with resident landlords like this! They give us all a bad name.
    are you for real?:D
    solovely wrote: »
    I had to replace a wooden floor after first tenant stained it - thanked her very much for paying me rent for over a year and still keep in touch.
    'replace'? I'm not sure what your saying but if your telling me you 'replaced' a stairs - and you class that as 'wear n' tear' - then your off yer head! If your saying you either had to clean carpet that was on stairs or resand and seal - then that's no big wuff - it's wear and tear.
    solovely wrote: »
    Spent the last 2 days cleaning up and airing the house after another, and again no hard feelings. Lots of bits and pieces broken (delf, etc.) over the year, wouldn't dream of asking her to pay.
    Likewise - that's normal.
    solovely wrote: »
    I really hope for the sake of the rest of us that you don't succeed with this. It's hard enough for a lot of people to get tenants as it is, without following them to court over a broken window!
    I don't 'really hope it' but you will learn the hard way at some stage.
    solovely wrote: »
    without following them to court over a broken window!
    By his own admission, he was (with his mates) horse-playing about at the back of the house. He agreed to pay for it (we hadn't even gotten to that part of the conversation ie. I had not asked him to pay for it) - so whilst you don't think it was out of order, he did!

    I don't know how long you've been doing the 'rent-a-room' gig - but I've been doing it for over 5 years. I've had it all ...the good, the bad and the ugly. Some people I'm in contact with a couple of years later...some not.


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    #7
    keanooo
    Closed Accounts Posts: 445 ✭✭keanooo


    If you know where he/she works turn up there to face him/her. I have found that the embarrassment for the lodger of someone turning up for work looking for money they haven't paid too much for them to bear.

    If they are in there 20s go to their parents house to explain the situation (in a calm manner) and tell them you are embarking on legal action and won't stop until the lodger pays.

    Start the legal action but those things are very slow and frustrating. Try to be creative and find other ways of making them pay. You have to be determined to face them head-on though.


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    #8
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    makeorbrake wrote: »
    Firstly, thanks for your post. Do you have any idea of what the process is to get this done ie. judgement registered? It's not necessarily about the money - it's the principal of the thing. I'm willing to spend some time and money (but within reason) on this.

    First of all you have to get a judgement before you can register one.

    To get a judgement you have to write a letter of demand giving him 10 days to pay up.
    Next complete a District Court Civil Summons. Duty must be paid on this. The indorsement of claim should set out the basis of your claim contract, tort etc or several bases in the alternative. You will have to set out the particulars of damage. The Summons has to be served and then lodged in the District Court office with proof of service. You will then be given a date for hearing. If he decides to defend the matter will be relisted for a full hearing. If he does not decide to defend you will have to give evidence and prove your case after which you may get judgement. You can register the judgement in the central office of the High court and have it published in Stubbs gazette.
    A solicitor would probably charge you about 1k for the work involved. It may be more depending on the amount of time which will inevitably be wasted hanging around the court for a hearing.You will only be allowed a small amout of costs (depending on the value of the claim) which will be unlikely to cover the cost of employing a solicitor. Even if you get a judgement he might not pay it or else you will have even more expense and trouble enforcing the judgement.


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    #9
    sophia25
    Closed Accounts Posts: 265 ✭✭sophia25


    Or you could just bring a case in small claims court for €15!! It is designed for no solrs. involvement and there is no judgement to be registered. An order is made to pay and if the respondent doesn't pay within the time set, you can bring an enforcement procedure, again no solr. necessary!!


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    #10
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    sophia25 wrote: »
    Or you could just bring a case in small claims court for €15!! It is designed for no solrs. involvement and there is no judgement to be registered. An order is made to pay and if the respondent doesn't pay within the time set, you can bring an enforcement procedure, again no solr. necessary!!

    The Small Claims Court is for claims against business. It does not deal with claims for debt either. This situation is not catered for by the Small Claims Court.


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    #11
    bath handle
    Banned (with Prison Access) Posts: 370 ✭✭bath handle


    Unless the damage is of the order of several thousand euro or the op has a lot of time on his hands to learn how to run a case in the District Court, this looks like the end of it.


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    #12
    ronan45
    Registered Users Posts: 1,584 ✭✭✭ronan45


    solovely wrote: »
    Wow, no wonder us owner-occupiers can have trouble renting out rooms with resident landlords like this! They give us all a bad name.

    I had to replace a wooden floor after first tenant stained it - thanked her very much for paying me rent for over a year and still keep in touch. Spent the last 2 days cleaning up and airing the house after another, and again no hard feelings. Lots of bits and pieces broken (delf, etc.) over the year, wouldn't dream of asking her to pay.

    I really hope for the sake of the rest of us that you don't succeed with this. It's hard enough for a lot of people to get tenants as it is, without following them to court over a broken window!

    Yeah I have had lots of damages but have never really asked for money even though i KNOW they broke the stuff.

    IE 21 inch tv fecked (obviosly let fall, as crack on screen but told that it over heated itself cracking the screen itself yeah right)
    Window hinges warped (windows left open during recent storm) i noticed them open from outside all pulled over unnatually to the wrong side) "Oh that was like that since i moved in, yeah it was all twisted like that" (no it wasnt)
    Even had my george foreman grill immersed in water when a chap was cleaning it after he used it lol :rolleyes:
    You kinda have to factor in things are gonna get broke etc. But overall you come out ok :)


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    #13
    keanooo
    Closed Accounts Posts: 445 ✭✭keanooo


    makeorbrake wrote: »
    By his own admission, he was (with his mates) horse-playing about at the back of the house. He agreed to pay for it (we hadn't even gotten to that part of the conversation ie. I had not asked him to pay for it) - so whilst you don't think it was out of order, he did!.

    Anyway. Did you ever address this issue or did just do what 95% of the rest of us do: Post about it on boards, get into a debate, feel self-righteous but don't actually do anything...


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    #14
    makeorbrake
    Registered Users Posts: 4,664 ✭✭✭makeorbrake


    keanooo wrote: »
    Anyway. Did you ever address this issue or did just do what 95% of the rest of us do: Post about it on boards, get into a debate, feel self-righteous but don't actually do anything...
    1. I wasn't posting about it to 'get into a debate' - rather to harness the power of discussion boards - which is to get peoples opinions. There is a difference.
    2. "feel self-righteous?" Sorry - I don't fit into that category - and I don't have any personal need to induce that state of mind by posting on an online discussion board.
    3. "don't actually do anything"... - I decided against doing anything along any legal means but that doesn't mean to say nothing will be done. Sometimes what costs one individual ends up costing another individual 3x more. I have the memory of an elephant - the other party and I live within (relatively) close proximity of each other.

    As others clearly pointed out - I could go and get a judgement - and expend a lot of time and energy (and money) into that - and still not get paid. As distasteful as I find that - it's the reality...and reality hit home.


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