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Tenant gone AWOL

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  • 15-05-2013 10:45am
    #1
    Registered Users Posts: 936 ✭✭✭


    Have a rented house and the guy living there is nice guy but suffers from his nerves. He is behind in rent and now cant be contacted. His stuff is in the house still but no sign of him. This happened before and he ended up he had been in hospital and transferred to a mental hospital. I think he tried sucide. Its hard to know cause he is foreign and a little hard to understand. But I do believe this is what happened.
    He now is 2 months late again and no sign of him. What do i do??


Comments

  • Registered Users Posts: 10,965 ✭✭✭✭Zulu


    Send rent arrears notice via registered mail to the address, then start the eviction process.
    (and btw it's AWOL - absent without official leave ;) )


  • Registered Users Posts: 936 ✭✭✭st1979


    Thanks I knew it looked wrong and i typing:o

    And what would you do with his stuff. Is there anyone in the social welfare to contact or help him


  • Registered Users Posts: 10,965 ✭✭✭✭Zulu


    Worry about that when it comes to the actual eviction. The reality is that if you start the process now, it'll be months before you'll need to worry about his stuff.


  • Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    At this stage the first job is to establish his whereabouts, have you any contact details for family or friends? failing that contact Gardai and the hospitals. Once you have done that you can go about taking back possession for the property.


  • Registered Users Posts: 1,428 ✭✭✭quietsailor


    You've 2 things to worry about;
    Non-payment of rent.
    Where is the tenant

    Non-payment - look up the PRTB website, read their eviction - for non-payment of rent procedures - and follow them exactly, if you don't the eviction is invalid and you have to start back at the start of the process and the tenant may not pay their rent***

    Where is the tenant - go to your local garda station and ask to talk to the superintendent, tell them your worried about your tenant, you haven't had rent paid or contact made in a while and you think they may suffer from mental illness. Ask if the Gardai can check to see if the tenant is in an institution and that they are alright.

    *** = I just thought of something - doesn't the PRTB require that the letter be registered post - how can it be delivered if there is no-one there to sign for it or can the type of post service be used where it is proof of delivery only (ie postman's word/signature that they delivered). Has anyone else on here come across this situation?


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  • Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    You've 2 things to worry about;
    Non-payment of rent.
    Where is the tenant

    Non-payment - look up the PRTB website, read their eviction - for non-payment of rent procedures - and follow them exactly, if you don't the eviction is invalid and you have to start back at the start of the process and the tenant may not pay their rent***

    Where is the tenant - go to your local garda station and ask to talk to the superintendent, tell them your worried about your tenant, you haven't had rent paid or contact made in a while and you think they may suffer from mental illness. Ask if the Gardai can check to see if the tenant is in an institution and that they are alright.

    *** = I just thought of something - doesn't the PRTB require that the letter be registered post - how can it be delivered if there is no-one there to sign for it or can the type of post service be used where it is proof of delivery only (ie postman's word/signature that they delivered). Has anyone else on here come across this situation?

    I don't think there is any point commencing eviction procedures for no payment of rent until the Tenant is located. The OP knows the Tenant is not at the address, therefore she can't validly serve notice to quit on him there.


  • Closed Accounts Posts: 1,869 ✭✭✭odds_on


    You've 2 things to worry about;
    Non-payment of rent.
    Where is the tenant

    Non-payment - look up the PRTB website, read their eviction - for non-payment of rent procedures - and follow them exactly, if you don't the eviction is invalid and you have to start back at the start of the process and the tenant may not pay their rent***

    Where is the tenant - go to your local garda station and ask to talk to the superintendent, tell them your worried about your tenant, you haven't had rent paid or contact made in a while and you think they may suffer from mental illness. Ask if the Gardai can check to see if the tenant is in an institution and that they are alright.

    *** = I just thought of something - doesn't the PRTB require that the letter be registered post - how can it be delivered if there is no-one there to sign for it or can the type of post service be used where it is proof of delivery only (ie postman's word/signature that they delivered). Has anyone else on here come across this situation?
    Any notice regarding eviction does not have to be by registered post. What is required is proof of delivery.

    The OP can deliver the notice by hand at the address, with a witness and a photo/video of putting it in the letterbox.

    The post office also do a recorded delivery where the recipient does not have to sign for the letter - really a better system as a tenant can refuse to sign for and accept a registered letter.


  • Registered Users Posts: 4,160 ✭✭✭TheNog


    st1979 wrote: »
    Have a rented house and the guy living there is nice guy but suffers from his nerves. He is behind in rent and now cant be contacted. His stuff is in the house still but no sign of him. This happened before and he ended up he had been in hospital and transferred to a mental hospital. I think he tried sucide. Its hard to know cause he is foreign and a little hard to understand. But I do believe this is what happened.
    He now is 2 months late again and no sign of him. What do i do??

    OP are you sure he is not in the house? If you are not phone the local station and ask for Gardai to attend with you to check the house. If he is not there then you could possibly report him missing if you don't know any of his friends or family.


  • Registered Users Posts: 19,022 ✭✭✭✭murphaph


    I don't think there is any point commencing eviction procedures for no payment of rent until the Tenant is located. The OP knows the Tenant is not at the address, therefore she can't validly serve notice to quit on him there.
    She can indeed but the point remains...where is the poor fecker? Go to the Guards first OP, then work from there.


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