Eviction from rented room

The Monster Magnet

Hi

I have been living and working in Dublin for six months now. When i moved here i rented a room from a Irish guy. I am still renting the room in the apartment and share the apartment with this Irish guy. So I am living with my landlord. At first everything but that changed a week ago.

He gave me notice to move out 6 days ago and told me to be out by the end of February.

2 days ago he gets a call from UPC that we have been overusing the Internet connection and that he will have to pay an extra charge for that.

So he goes bananas and starts yelling at me. I know I am the cause for this and i offered to pay for the extra usage but there is no reasoning for this. He wants me to move out by tomorrow and he claims he has every right to keep both my deposit and the rent money I have paid for the full month of January.

Since I have only lived here for six months I have no clue what to do about this and that is why I am asking advice here.

Appreciate all help since I really have no clue about what to do.

djimi

As a licensee you have very few rights and technically you can be asked to leave at any time with little or no notice. However, the landlord does not have any right to keep your deposit unless it is to reimburse them from a financial loss (which in this case it doesnt sound like he will have), and he also has no right to keep any rent for the time that you are not living there.

As an aside, UPC does not have download limits as such. They have a fair usage policy of 500GB a month, which if exceeded you should receive a warning letter, and if you continue to exceed the limit then they will automatically upgrade you to a higher package. Id be surprised if he would get a call from them informing him of an extra charge...

D3PO

as a licensee you ultimately have no rights unfortunately. However he cannot just keep your rent for Jan and your deposit.

The problem is you would have to take him to court to get this back as you have no ability to dispute with with the PRTB as a licencee.

However I should point out you said earlier in your post you have to be out end of Feb then later you have to be out tomorrow. Which is it ? If you have to be out end of Feb just let the dust settle for a few days then calmly approach your LL and work out an agreement on when you will move out (suggest end of Jan) once there is a clear agreement you will get your deposit back unless there is a reason that would preclude you from getting this back, (damage, outstanding bills etc)

Citizenpain

Do you have a written agreement with your landlord?

http://www.citizensinformation.ie/en/housing/renting_a_home/sharing_accommodation_with_your_landlord.html

djimi

D3PO wrote: »

The problem is you would have to take him to court to get this back as you have no ability to dispute with with the PRTB as a licencee.

A licensee can use the small claims court for this kind of thing, can they not? Provided its under €2000.

D3PO

djimi wrote: »

A licensee can use the small claims court for this kind of thing, can they not? Provided its under €2000.

eh did I not say he would have to go to court .... last time I checked the small claims court was a court .......

djimi

D3PO wrote: »

eh did I not say he would have to go to court .... last time I checked the small claims court was a court .......

Sorry, I wasnt disagreeing with you! Just clarifying if the small claims court can be used.

D3PO

sorry Ray has me wound up. Your correct would be small claims the OP would need to go via.

Mrs OBumble

OP, find a B&B, and negotiate a deal for a weekly rate. Move there over the weekend, and then look for somewhere else to move to.

The Monster Magnet

Hi. The last thing he told me two days ago was that i have to move out this weekend. And that I wont get any deposit back or the rent. I am responsible for the excessive use of the Internet and he claims they will charge him more for 3 months. I have no problem with paying the extra charge for the overuse of the Internet but basically giving me 4 days top move out and keeping my rent and my deposit is a bit excessive.

I am moving out today seeing as I don't want to live in the same apartment as a guy that could at any time snap and go crazy on me. He cant be reasoned with. I have tried and talk to him but it all ends in him shouting at me. I have already packed my stuff and will move out today.

I've been thinking about taking this to the Small Claims Court but the problem I don't know the procedure. I have a signed contract with this guy. I'm thinking that I should mention to him that I am thinking about taking this to court and see his reaction.

Bepolite

D3PO wrote: »

eh did I not say he would have to go to court .... last time I checked the small claims court was a court .......

It's not actually, we don't have a small claims court, we have a small claims procedure in the District Court, if it does end up having to be resolved through a hearing it's done in front of a District Court Judge.

djimi

The Monster Magnet wrote: »

Hi. The last thing he told me two days ago was that i have to move out this weekend. And that I wont get any deposit back or the rent. I am responsible for the excessive use of the Internet and he claims they will charge him more for 3 months. I have no problem with paying the extra charge for the overuse of the Internet but basically giving me 4 days top move out and keeping my rent and my deposit is a bit excessive.

I am moving out today seeing as I don't want to live in the same apartment as a guy that could at any time snap and go crazy on me. He cant be reasoned with. I have tried and talk to him but it all ends in him shouting at me. I have already packed my stuff and will move out today.

I've been thinking about taking this to the Small Claims Court but the problem I don't know the procedure. I have a signed contract with this guy. I'm thinking that I should mention to him that I am thinking about taking this to court and see his reaction.

He is basically stealing your money. Absolutely investigate the small claims court.

Also, UPC would have sent him a warning before they start taking action, so its pretty much his problem if he hasnt dealt with it before letting it get to this stage. I have no idea how much internet I use either, but if I receieved a warning letter then I would cut it back. If you were not made aware of the warning then you cant be held responsible for UPCs action against him.

Emme

You are renting a room and you don't have as much rights as a tenant with a lease. Even so I would go to Threshold. If they can't help you now they can give you advice for future accommodation so you don't get into a similar situation again. They might advise you to let the landlord keep your deposit but don't give him any more until you see in black and white how much you owe.

To be honest your landlord sounds a bit unhinged. I wonder how many people have stayed in his apartment before and had to leave.

The Monster Magnet

He is a bit unhinged. Should have known when he started throwing nails and screws after the neighbors cat from the balcony.

The main thing I am wondering is if its worth the hassle to take this to Small Claims Court? Anybody have any experience how long a thing like this will take?

username123

Here is some info for you re small claims court:
http://www.courts.ie/Courts.ie/library3.nsf/pagecurrent/781D7D5227918A618025715C004CAEF3?opendocument&l=en&p=110

In your position I would contact Threshold.

theteal

Dude, go with the SCC, it costs about €20 and you can do it start proceedings online - info here

djimi

Costs €25 to open a case with the SCC; I dont see what you have to lose really. Sometimes the threat of the court is enough. If they dont pay up after a judgement is made against them then you need to decide if its worth paying to get the sheriff involved, but Id be inclined to see how you get on first.

Wabbit Ears

Considering that UPC's acceptable useage policy is 500 gig, thats a LOT of time gaming or watching stuff online constantly...Am i I Right?

The Monster Magnet

You are right!

I am going to contact SCC this week and we will see what happens. He might go bananas again but hopefully I will get my money back.

the groutch

make sure to add in a claim for expenses accrued as a result of the rediculously short notice he's given you.

L1011

the groutch wrote: »

make sure to add in a claim for expenses accrued as a result of the rediculously short notice he's given you.

No grounds for that. Licensee has no protections in that area