Overly demanding tenant

djimi

username_x wrote: »

Called her a couple of times no answer. Text her to let her know I was outside, nothing. So I let myself in (on the agreed date she said she'd leave, and this inspection was planned in advance I didn't just spring up on her) then I saw everything was gone.

Im being a bit picky in saying this, but be careful doing this. Youre not supposed to let yourself into the property at all, even if the tenant knows you are coming.

username_x

djimi wrote: »

Im being a bit picky in saying this, but be careful doing this. Youre not supposed to let yourself into the property at all, even if the tenant knows you are coming.

I was thinking this, but as we had arranged for her to leave at 2pm and I waited until 3.20 I assumed it would be okay. Fingers crossed nothing comes of this.

py2006

Well this was rather epic. Have you signed the movie rights yet?

djimi

username_x wrote: »

I was thinking this, but as we had arranged for her to leave at 2pm and I waited until 3.20 I assumed it would be okay. Fingers crossed nothing comes of this.

It wont in this case I wouldnt have thought. However, had the tenant still been in the property and was just getting out of the shower as you let yourself in then it might have been a very different story.

the_syco

username_x wrote: »

It's beds, cabinets & side tables gone.

<snip>

They both decided to tell me how what I was doing was illegal and I'd burn in hell (actual words) etc.

Lodge a PTRB case against her to reclaim any money owed to you. Nothing will probably come of it, but you may as well see if you can make life difficult for her...!

pwurple

OP, now that the stuff is gone anyway.... advertise as unfurnished. There is a greater demand at the moment for unfurnished places than there used to be.

murphaph

djimi wrote: »

Im being a bit picky in saying this, but be careful doing this. Youre not supposed to let yourself into the property at all, even if the tenant knows you are coming.

...except in an "Emergency" which is not defined in the act. The LL could reasonably claim that she thought the tenant could have been injured or dead inside the property as she had not responded to communications and was supposed to be there at that agreed time. The act is very unclear here.

murphaph

pwurple wrote: »

OP, now that the stuff is gone anyway.... advertise as unfurnished. There is a greater demand at the moment for unfurnished places than there used to be.

And likely far more reliable tenants (unless they plan on establishing a pot factory in your place!)

runawaybishop

djimi wrote: »

It wont in this case I wouldnt have thought. However, had the tenant still been in the property and was just getting out of the shower as you let yourself in then it might have been a very different story.

Tenancy ended at 2pm though, as mutually agreed.

irish_goat

Do you have an estimate of value of the stuff she took vs the deposit?

djimi

runawaybishop wrote: »

Tenancy ended at 2pm though, as mutually agreed.

It doesnt matter. The law still applies, even if the tenant is remaining in the tenancy illegally. Its one of the wonderful quirks of the Irish tenancy law...

Ironman76

Just been reading through this. Christ you couldnt make this up. Its like a sequel to Pacifric Heights or something.

Thought you handled it really well OP, good job.

djimi

murphaph wrote: »

...except in an "Emergency" which is not defined in the act. The LL could reasonably claim that she thought the tenant could have been injured or dead inside the property as she had not responded to communications and was supposed to be there at that agreed time. The act is very unclear here.

Im not sure that would be reasonable at all tbh. Like I said, had the tenant been in the shower when the OP tried to call, and was in the process of drying themselves when the OP walked in, then the OP would have a very hard time justifying why they let themselves into the property.

All Im saying really is be careful. That clause that allows you to enter the property unannounced is for known emergencies such as a gas/water leak or an obvious medical emergency (ie where you can see the tenant collapsed on the ground etc); it would be dodgy to try and use it as a loophole.

runawaybishop

djimi wrote: »

It doesnt matter. The law still applies, even if the tenant is remaining in the tenancy illegally. Its one of the wonderful quirks of the Irish tenancy law...

delightful

djimi

runawaybishop wrote: »

delightful

Yup. Hence the reason why its so hard for landlords to get rid of problem tenants. Even after you issue an eviction notice, and even if the tenant hasnt paid you for months, they still have all of their rights intact and you must act within the boundaries of the RTA at all times when dealing with them.

Foxhound38

username_x wrote: »

So I recently rented out my house to a new tenant and have an issue.

She calls me every single day. I got 24 phonecalls in one day from her and if I don't pick up, she keeps calling!! She's been saying she wants new this and new that. I got the carpet on the stairs redone cause it was awful. She wanted a professional painter in and I said no, bought the paint to do it myself and the paint is now gone.

She wanted a new sofa and beds which when I refused to pay for she said she would, I agreed but told her that it'd be a few weeks before I could get them outta the house, and she has called or text everyday asking me when. She wants a new shower cause hers is noisy, a new cooker because the timer button is broken (the cooker works without it), new kitchen chairs because the cushions on the current ones are "dirty", a new kitchen floor, and wants me to get rid of the blinds that she replaced.

Am I under any obligation to do any of this at all? I feel like just telling her to pack up her stuff and get out, it's ridiculous. I can't always answer the phone and I've told her this, but she just doesn't understand that my occupation is not "full time landlord". And if I don't answer she gets angry.

You need to take a tougher line on this OP, she's trying to walk on you. You are under no (and I mean NO) obligation to do as she asks here - she signed the lease, and as long as the place is up to minimum standards of safety and hygiene the rest is her problem - that includes the paint. Re: her claim that you are "obligated to re-paint once a year" - she is having an absolute giraffe, you are obligated to do no such thing, as long as the paint job that is there is in reasonable nick. Ditto with the new cooker, as long as the one she has works and is safe. Ditto with the shower as long as it works as it is supposed to. If she doesn't like it, it's her perogative to give you reasonable notice and fcuk off with herself to somewhere else.

If she rings you more than once a day over an issue that isn't an emergency that requires your immediate attention, you are more than within your rights to tell her to fcuk off and stop harassing you.

Personally, she sounds like far more trouble than a tenancy is worth - I'd sit down with her, explain that you won't be doing one more thing beyond your legal obligations and what is stated in the lease agreement as your responsibilities and if that is not satisfactory to her then suggest she give you her notice, take her deposit and move on. Also I would inform her that any more harassment of you will result in a swift 28 days notice to quit the premises. It's a letters market at the moment - plenty of decent prospective tenants who could live there instead and not be unreasonable.

Let this be a lesson too OP - I know being a Landlord isn't your primary occupation but it's not particularly true that this is the game for amatures that it may first appear to be either. You need to study up on your legal rights as a landlord and your responsibilities as same. You need to be absolutely crystal clear about them, and you can't be afraid of standing up for yourself in this events like these, or calling a halt and giving notice to quit when the situation calls for it.

This is a business at the end of the day

bleary

Foxhound38 wrote: »

You need to take a tougher line on this OP, she's trying to walk on you.

The OP has handled the situation and very competently : Well done, don't think I could have managed to keep my cool. Best of luck for the future.

ElleEm

Foxhound38 wrote: »

You need to take a tougher line on this OP, she's trying to walk on you. You are under no (and I mean NO) obligation to do as she asks here - she signed the lease, and as long as the place is up to minimum standards of safety and hygiene the rest is her problem - that includes the paint. Re: her claim that you are "obligated to re-paint once a year" - she is having an absolute giraffe, you are obligated to do no such thing, as long as the paint job that is there is in reasonable nick. Ditto with the new cooker, as long as the one she has works and is safe. Ditto with the shower as long as it works as it is supposed to. If she doesn't like it, it's her perogative to give you reasonable notice and fcuk off with herself to somewhere else.

If she rings you more than once a day over an issue that isn't an emergency that requires your immediate attention, you are more than within your rights to tell her to fcuk off and stop harassing you.

Personally, she sounds like far more trouble than a tenancy is worth - I'd sit down with her, explain that you won't be doing one more thing beyond your legal obligations and what is stated in the lease agreement as your responsibilities and if that is not satisfactory to her then suggest she give you her notice, take her deposit and move on. Also I would inform her that any more harassment of you will result in a swift 28 days notice to quit the premises. It's a letters market at the moment - plenty of decent prospective tenants who could live there instead and not be unreasonable.

Let this be a lesson too OP - I know being a Landlord isn't your primary occupation but it's not particularly true that this is the game for amatures that it may first appear to be either. You need to study up on your legal rights as a landlord and your responsibilities as same. You need to be absolutely crystal clear about them, and you can't be afraid of standing up for yourself in this events like these, or calling a halt and giving notice to quit when the situation calls for it.

This is a business at the end of the day

You should probably read the rest of the thread.

Foxhound38

bleary wrote: »

The OP has handled the situation and very competently : Well done, don't think I could have managed to keep my cool. Best of luck for the future.

That's fantastic to hear - and I'm glad the cool was kept! As you said, I'm not sure I could have in that situation either!

Case in point, I saw the OP and had felt I needed to post without reading the rest of the thread such was my frustration reading it, and I don't even know the OP or the tenant! :pac:

Foxhound38

username_x wrote: »

It's beds, cabinets & side tables gone.

Wrote to PRTB with an explanation of everything thats happened, and went to the Gardai about the stuff purely incase she got to them before me to come out with a whack job story.

Yes, there was an agreement signed saying that we had both agreed the tenancy needed to end early, she signed it after about a half hour of refusing. The woman is crazy, when I arrived I had a friend with me as a witness, and asked for her to have the same. When I called to the house she said her friend was on the way.

Not wanting her to feel intimidated I told her I would wait in the car until her friend arrived (I did not want to leave my own friend in the car and me alone with her). About twenty minutes passed and she came to the front door shouting that I was too afraid to come into the house etc. because I knew I "couldn't get rid of her". I stayed sitting in the car until her friend arrived. They both decided to tell me how what I was doing was illegal and I'd burn in hell (actual words) etc. Eventually I told her friend to shut up (slightly nicer) explained that she was only there as a witness not to give an opinion. Cue more screaming and shouting from crazy tenant, then begging etc. It was mental.

But she's gone now. Thanks for all your advice guys!

Just finished the thread there - beautifully handled, OP! A lesson learned and you didn't lose your cool. Well done to you and best of luck with re-letting the place to a hopefully non-crazy tenant this time

PrettyBoy

Well done on getting rid of that lunatic, wishing you the best of luck with future tenants.

username_x

Oh she's back!

Text this morning asking when and where she could collect her deposit. Emailed her a list of things now in the house compared to the inventory I had at the start with all missing items highlighted, and told her once these were priced and replaced she could have the remainder of the deposit back.

Thank god the locks are changed is all I'll say!

djimi

Make sure that you take some photographic evidence of the state of the property now; if she decides to take this to the PRTB you will need to be able to back up your claims.

Mr E

username_x wrote: »

Oh she's back!

Text this morning asking when and where she could collect her deposit. Emailed her a list of things now in the house compared to the inventory I had at the start with all missing items highlighted, and told her once these were priced and replaced she could have the remainder of the deposit back.

Thank god the locks are changed is all I'll say!

And to think, I almost unsubscribed from this thread yesterday. Phew!
It's the saga that just keeps giving.

Good luck!

JillyQ

username_x wrote: »

Oh she's back!

Text this morning asking when and where she could collect her deposit. Emailed her a list of things now in the house compared to the inventory I had at the start with all missing items highlighted, and told her once these were priced and replaced she could have the remainder of the deposit back.

Thank god the locks are changed is all I'll say!

OMG she has one thick neck. Op I hope you have a solicitor. If not get one & fast.

Thoie

username_x wrote: »

Oh she's back!

Text this morning asking when and where she could collect her deposit. Emailed her a list of things now in the house compared to the inventory I had at the start with all missing items highlighted, and told her once these were priced and replaced she could have the remainder of the deposit back.

Thank god the locks are changed is all I'll say!

By the way, it will be a bit tedious, and you may never need it, but while you still have all the records of the calls and texts in your phone, make sure you make an itemised list (with date and times) of every one, and notes of the contents of each message, and the number they came from. Hopefully you'll never need it, but it would be irritating if you changed phone, and then needed the info weeks/months later.

py2006

username_x wrote: »

Oh she's back!

Text this morning asking when and where she could collect her deposit. Emailed her a list of things now in the house compared to the inventory I had at the start with all missing items highlighted, and told her once these were priced and replaced she could have the remainder of the deposit back.

Thank god the locks are changed is all I'll say!

You have a good head on your shoulders and are handling the situation quite admirably.

username_x

Photographs taken, PRTB notified and solicitor contacted just in case.

Thanks for all your advice guys, probably would have ended up losing my head with frustration a few weeks ago if it wasn't for all of ye!

Valentine1

How exactly did you get her to leave in the end? did you terminate the lease? Give her notice to quit or just talk her into it?

another question

I don't think I have ever completely read a 16 page thread on boards from beginning to end with such enthusiasm in all my boardie life!....what a saga and what a headcase. My god...well shut...well not yet but fight her all the way, you've come this far...now it's your chance to make her pay!