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

Overly demanding tenant

Options
13567…10

Comments

  • Options
    #62
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Chattastrophe! wrote: »
    No need for a solicitor at this stage, that's just more unnecessary expense!

    Print out a copy of landlord and tenant rights and responsibilities (available online e.g. PRTB website. Give it to the tenant, explain what falls outside the scope of landlord responsibilities, and therefore you won't be doing it. Explain that if she's not happy, you're willing to terminate the lease early. And even if you're not going to make her pay you for disposing of items of your property, make sure you make it clear that she WILL be paying if it happens again.

    I always find it interesting that in relation to some of the most important things in our life outside our health, we are willing to go it alone with out legal advice. Property is for most ordinary people (even one investment property) the largest investment of their life, in most cases even one property amounting to a large multiple of their annual earnings. In this case the OP has given clear and very fair instructions on how she is to be contacted, yet within a few short hours gets a text at 5:50 am. This matter is in all probability heading one way, it is best to invest and be aware of the landlords rights to end the contract. If the tennant digs their heals in it can take months or longer to get rid of the tennant, best to make sure she is fully aware of all landlords rights and obligations.

    Would people's advice to a person on a possible health issue be to work away with Google and sure a doctor and consultant costs money.


  • Options
    #63
    mari2222
    Registered Users Posts: 568 ✭✭✭mari2222


    The first time you think you need a tenant to leave is the day you should start to make that happen.


  • Options
    #64
    Grandpa Hassan
    Registered Users Posts: 1,945 ✭✭✭Grandpa Hassan


    Serve a termination notice. Tomorrow. I don't even know why this is even a debate.

    If you don't get this stopped now, you risk her being there for four years. FOUR YEARS. Hopefully that will focus your mind!


  • Options
    #65
    emeldc
    Registered Users Posts: 2,597 ✭✭✭emeldc


    There is nothing surer, once she gets the house looking just as she likes, she'll stop paying the rent and then you have a real fight on your hands. The Gaurds wont get involved as long as no one gets assaulted, it's a civil matter.
    My brother in law and I went the PRTB route to evict a woman and a bunch of teenage scumbag kids a few years ago. It took two years to get through the courts and all the while no rent was paid. When we got posssession, the house was destroyed. One of them even took a dump in the bath. Total cost approx €30k. Never again.
    Act sooner rather than later. Good luck.


  • Options
    #66
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    So if the OP follows this advice, gets sued, gets a large award against her, gets a judgement mortgage on her property, gets her investment property sold out from under her, are you going to pay if the OP follows that advice.


  • Advertisement
  • Options
    #67
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Grandpa Hassan wrote: »
    Serve a termination notice. Tomorrow. I don't even know why this is even a debate.

    If you don't get this stopped now, you risk her being there for four years. FOUR YEARS. Hopefully that will focus your mind!

    If its a lease can it be terminated for the behaviour so far, how much notice should the LL give, by what means should the LL serve. Hence why the LL needs proper legal advice.


  • Options
    #68
    JillyQ
    Registered Users Posts: 2,382 ✭✭✭JillyQ


    username_x wrote: »
    Thanks for all the replies and advice everyone. Currently on mobile so apologies if I miss out on anybody's replies.

    Firstly, I'm a girl 😠haha, easy mistake to make. But I'm also quite young, about 25 years younger than her, so I think this may be a part of it also.

    I am now afraid that if I kick her out she'll take her stuff with her and then I am left stuck with nothing for the house. I know I can take it from her deposit but to be honest the hassle etc., from that will probably prove too much and I'll end up giving it back to her.

    I went around last night and told her she could only contact me via email, not to text or ring my phone unless there was an emergency otherwise as I wouldn't entertain it. Then what does she do this morning? Texts to see if I would reconsider this means of contact. I'm absolutely livid, it is not a difficult or unusual request as far as I can make out from the replies here. I don't understand how this can be misinterpretated as "ah sure go on, gimme a text in the morning and see if I'm in a better humour".

    Op you did you take pictures of the property before she moved in? you need to put it in writing they way you want her to communicate with you and send that by registered letter. If she has removed items belonging to you without you consent or changed anything in the property that can be used for an immediate eviction. Be aware that this is probable the start of bad behaviour from her as a tenant and it will only get worse.


  • Options
    #69
    emeldc
    Registered Users Posts: 2,597 ✭✭✭emeldc


    infosys wrote: »
    So if the OP follows this advice, gets sued, gets a large award against her, gets a judgement mortgage on her property, gets her investment property sold out from under her, are you going to pay if the OP follows that advice.

    I knew someone would come back with that. The alternative is to leave her there and the OP might lose the house anyway. I nearly lost mine.
    This person couldn't give a s*** about landlords rights or obligations. If you start quoting the law, she'll play by the law and guess what, it will be on her side. OP, get her out quick.

    By the way infosys do you know many landlords that have been sued by nutcases.


  • Options
    #70
    username_x
    Registered Users Posts: 201 ✭✭username_x


    I went past the house this evening and she isn't there. She's been living between my house and her old property at the moment. Her text earlier on made me feel like I was putting HER out and being an inconvenience to her "I am moving in even though there are repairs to be done" (a small job in the kitchen that will take 15 minutes) I arranged a repairman to go around this evening and low and behold, she wasn't there. After throwin out the paint because I said I'd paint and she wanted a professional painter, and now not in for the repairman for a small piece of wood missing because she requested new kitchen cabinets and I said I'd get them fixed, I think I'm starting to catch on to her game.

    She is mid fourties. Asks me about mortgage repayments and everything. Think I'll just have to ask her to leave at this stage, it's all too much and hardly worth the stress when I know I'd have a new tenant in by next week.


  • Options
    #71
    username_x
    Registered Users Posts: 201 ✭✭username_x


    JillyQ wrote: »
    Op you did you take pictures of the property before she moved in? you need to put it in writing they way you want her to communicate with you and send that by registered letter. If she has removed items belonging to you without you consent or changed anything in the property that can be used for an immediate eviction. Be aware that this is probable the start of bad behaviour from her as a tenant and it will only get worse.

    I have pictures from before the previous tenants moved in, nothing's changed but because of the dates these may not be relevant.


  • Advertisement
  • Options
    #72
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    emeldc wrote: »
    I knew someone would come back with that. The alternative is to leave her there and the OP might lose the house anyway. I nearly lost mine.
    This person couldn't give a s*** about landlords rights or obligations. If you start quoting the law, she'll play by the law and guess what, it will be on her side. OP, get her out quick.

    By the way infosys do you know many landlords that have been sued by nutcases.

    If you are so sure its a safe way to go, will you as I asked indemnify the landlord for all losses.


  • Options
    #73
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    I think so. Mind you - get the termination notice properly drafted, or you'll be in for a world of pain. Pay a solicitor to do it if necessary. A small expense for peace of mind.

    What will you do with the paint/cabinets? Is it to come out of the deposit??


  • Options
    #74
    username_x
    Registered Users Posts: 201 ✭✭username_x


    She's now trying to tell me she asked about the cabinets and I know she didn't. I would have asked her to sign something in writing if she did ask and I agreed to say they'd either be left when she vacated the property or else taken from her deposit.

    I would be taking the paint from her deposit and depending on how hard she fought, the cabinets.


  • Options
    #75
    emeldc
    Registered Users Posts: 2,597 ✭✭✭emeldc


    infosys wrote: »
    If you are so sure its a safe way to go, will you as I asked indemnify the landlord for all losses.

    As long as you indemnify her for all the losses incured while the tenant is in situ.


  • Options
    #76
    Grandpa Hassan
    Registered Users Posts: 1,945 ✭✭✭Grandpa Hassan


    infosys wrote: »
    If its a lease can it be terminated for the behaviour so far, how much notice should the LL give, by what means should the LL serve. Hence why the LL needs proper legal advice.

    She has already taken down fixtures without LL permission, right?


  • Options
    #77
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Grandpa Hassan wrote: »
    She has already taken down fixtures without LL permission, right?

    From what I have read she disposed of paint that she believed was old (according to tenant) she took two bathroom cabinets down and asked could a skip be organised to dispose of them. While the tenant should not have done so has the LL asked for those things to be reinstated. To walk in and throw out (illegally evict) a demanding tenant (she is very demanding) but has not that I can see done anything illegal yet, there may be enough to terminate the tenancy but only proper legal advice will confirm that.


  • Options
    #78
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    emeldc wrote: »
    As long as you indemnify her for all the losses incured while the tenant is in situ.

    I'm not saying she should leave the tenant in situ, I have said from the start she should get rid of the tenant as its a world of a mess, your solution can create a mess, I on the other hand have not created the situation the LL is in.


  • Options
    #79
    Grandpa Hassan
    Registered Users Posts: 1,945 ✭✭✭Grandpa Hassan


    infosys wrote: »
    From what I have read she disposed of paint that she believed was old (according to tenant) she took two bathroom cabinets down and asked could a skip be organised to dispose of them. While the tenant should not have done so has the LL asked for those things to be reinstated. To walk in and throw out a demanding tenant (she is very demanding) but has not that I can see done anything illegal yet.

    Demanding tenant? She's a nut job who the OP needs to get out before she gets to stay for 4 years. A termination notice needs to be drafted. What's the other option? Not drafting one!?


  • Options
    #80
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Grandpa Hassan wrote: »
    Demanding tenant? She's a nut job who the OP needs to get out before she gets to stay for 4 years.

    Just to be clear I agree, just to be clear I think the LL needs to get rid, but just to be clear the LL needs to do that so as not to expose her to any serious legal problems. Hence why my earlier post was get solicitor, as its a world of problems. If there is a lease it may be void or voidable, there may or may not be a break clause, it may be for a short period, the PRTB act may give the LL an out, but best to seek proper legal advice.


  • Options
    #81
    emeldc
    Registered Users Posts: 2,597 ✭✭✭emeldc


    infosys wrote: »
    Just to be clear I agree, just to be clear I think the LL needs to get rid, but just to be clear the LL needs to do that so as not to expose her to any serious legal problems. Hence why my earlier post was get solicitor, as its a world of problems. If there is a lease it may be void or voidable, there may or may not be a break clause, it may be for a short period, the PRTB act may give the LL an out, but best to seek proper legal advice.

    Go to a solicitor? What will he do? Write the nutcase a letter and give her 28 days to reply? Do you really think she'll reply?

    OP, this is your house, put your foot down, call the shots.


  • Advertisement
  • Options
    #82
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    emeldc wrote: »
    Go to a solicitor? What will he do? Write the nutcase a letter and give her 28 days to reply? Do you really think she'll reply?

    OP, this is your house, put your foot down, call the shots.

    I never said the tenant could be dragged out, how do you know the lease can not be void or voidable, have you seen it, did you sit it on the negotiation, do you know what was agreed.

    What if while changing the locks the tenant returns, what if after the locks are changed the tenant returns and breaks in, is the LL going to forceable remove the tenant in such a situation.

    Yes this is a crap situation, but its one of the risks of doing business, yes the tenant maybe a nutcase but if she is evicted there is a risk she will be a nutcase with a great case.


  • Options
    #83
    emeldc
    Registered Users Posts: 2,597 ✭✭✭emeldc


    infosys wrote: »
    I never said the tenant could be dragged out, how do you know the lease can not be void or voidable, have you seen it, did you sit it on the negotiation, do you know what was agreed.

    What if while changing the locks the tenant returns, what if after the locks are changed the tenant returns and breaks in, is the LL going to forceable remove the tenant in such a situation.

    Yes this is a crap situation, but its one of the risks of doing business, yes the tenant maybe a nutcase but if she is evicted there is a risk she will be a nutcase with a great case.

    You obviously dont own a rental property. I could argue this with you all day but the OP has enough on her plate and it wouldn't help her plight. Truce.


  • Options
    #84
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    emeldc wrote: »
    You obviously dont own a rental property. I could argue this with you all day but the OP has enough on her plate and it wouldn't help her plight. Truce.

    No I don't, but have advised a number of people in this situation, every case was sorted in less than 1 month at very low costs and no risk to the Landlord.


  • Options
    #85
    fasttalkerchat
    Registered Users Posts: 5,652 ✭✭✭fasttalkerchat


    emeldc wrote: »
    Go to a solicitor? What will he do? Write the nutcase a letter and give her 28 days to reply? Do you really think she'll reply?

    OP, this is your house, put your foot down, call the shots.

    Locking out the tenant will cost him the price of a hotel for the night and if he was caught in the act the guards could be called out.
    After that, if he still wants to try and evict, the tenant can use this attempted illegal eviction and trespassing against him.
    Add to this that a tenant who is likely to think they could be illegally evicted probably wont keep paying rent in advance.


  • Options
    #86
    emeldc
    Registered Users Posts: 2,597 ✭✭✭emeldc


    infosys wrote: »
    No I don't, but have advised a number of people in this situation, every case was sorted in less than 1 month at very low costs and no risk to the Landlord.

    I'm sorry now but that is complete horse manure. If it was that easy you wouldn't be able to cope with the queue of landlords wanting to avail of your super scrote eviction services.

    I'm signing off this thread now, the OP knows my views.


  • Options
    #87
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    emeldc wrote: »
    I'm sorry now but that is complete horse manure. If it was that easy you wouldn't be able to cope with the queue of landlords wanting to avail of your super scrote eviction services.

    I'm signing off this thread now, the OP knows my views.

    So you are calling me a liar, I'm not, but I am a qualified barrister, and in every case I was asked for advice, it was sorted. If you on the other hand prefer to call people liars, then I think we all know how much we can take from your advice. You also as a landlord have an admitted 2 crap tenants one took 2 years to resolve and the other you illegally evicted, good record that.


  • Options
    #88
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Some of the advice being given is verging on dangerous for the OP. Doing something stupid like the OP waiting until she is out and locking themselves inside the property is going to be seen as an illegal eviction and will land the OP in front of the PRTB where they will almost certainly get fined.

    OP you need to play this one carefully. I agree you need to look at ways to get rid of this tenant, but you must do so carefully, and absolutely by the book. For all those saying to terminate the lease, its nowhere near as black and white as that when there is a fixed term lease in place. The tenant may well be in breach of lease with what they have done, however the OP needs to prove it. I agree with whoever it was above who said seek advice and help with this one; it is likely to get messy and drawn out.


  • Options
    #89
    username_x
    Registered Users Posts: 201 ✭✭username_x


    On mobile again so apologies if I miss any replies.

    She text me AGAIN this morning asking me to supply her with plastic bags by 12pm so she could move stuff outside. I do not see what is wrong with an email in this instance. Currently flicking through the lease to see if there's anything about being a nuisance to the landlord in there because I know there is something about being a nuisance to the neighbours.


  • Options
    #90
    drumswan
    Closed Accounts Posts: 2,592 ✭✭✭drumswan


    username_x wrote: »
    On mobile again so apologies if I miss any replies.

    She text me AGAIN this morning asking me to supply her with plastic bags by 12pm so she could move stuff outside. I do not see what is wrong with an email in this instance.
    An email is not appropriate in this instance, you have no obligation to supply plastic bags. I cant help thinking you have not been forceful enough in setting expectations here.


  • Advertisement
  • Options
    #91
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Why are you supplying her with plastic bags? And what is she looking to move outside? A firm reply informing her nothing is to be removed from the property would be in order at this point.


This discussion has been closed.
Advertisement