Rent a room lodger refusing to leave

Pawwed Rig

littlevillage wrote: »

So one day when he was in the house, I called the Gardai. Gardai came, but after heated discussion with all parties, Gardai were not happy that notice was served .. so I served it on the tenant in their presence.

irrelevant really. The Gardai most often do not know the ins and outs of the law themselves. If you prove you are the owner occupier and say the other person is not welcome the other person cannot stay in the house. the gardai will look for a solution that makes everyone happy and allows them to toddle off as quickly as possible but they are not qualified to decide what notice is reasonable.

Also guys, a locksmith? A lock can be changed in less than 5 minutes. You are not changing the whole deadbolt system. Any lock barrel can be removed with a screwdriver and the key and easily replaced.

yawhat!

You handed her an eviction notice. Give the tenant 24 hours to leave or warn her the guards will be called. Give the guards a call after 24 hours and tell them that your a homeowner and a tenant wont leave your property after sufficient notice. If she doesn't leave ring the guards again and tell them there is someone trespassing on your property who used to be a tenant.

If you feel like you can't do this then get a friend to say it to her.

Zulu

yawhat! wrote: »

You handed her an eviction notice. Give the tenant 24 hours to leave or warn her the guards will be called. Give the guards a call after 24 hours and tell them that your a homeowner and a tenant wont leave your property after sufficient notice. If she doesn't leave ring the guards again and tell them there is someone trespassing on your property who used to be a tenant.

If you feel like you can't do this then get a friend to say it to her.

I wouldn't describe her as a tenant when reporting to the guards. Stress "trespasser"; use an accurate description.

Ghekko

As she is now paying weekly hand her written notice of one week today. That way she has no come back and will be gone by June. No way would I let her stay while you are away.
As soon as she is gone, whether she hands keys back or not, get your front/back/shed door locks changed - peace of mind will be worth the cost!

Ravenid

The OP stated that she was 5 date late with the rent. Ask her when she will be paying the bills. If she ignores you send her a letter eveicting her for non payment of bills and late payment of rent (Return the rent she already paid, that shows you will not be accepting her as a tenant/licensee for the next rental period.)

In the letter have a set eviction date on it including stating that if she doesn't leave on that date she will be considered a trespasser and that you will call the guards.

Have a friend/Family member/work colleague/ all 3 be around on the eviction date. If she refuses to leave she is illegally trespassing. Call the Guards.

Don't pack her belongings for her its not your job. If you give her a notice also send to her by registered post as well as to a 3rd party (If you have a lawyer I'd recommend them too.) That way she cant claim "I never received it."

Also unless she actually signed a contract with you or has been living with you for a long time she has no rights. Short term tenants or licensees can only claim rights if they don't break the agreement between yourself and her self that she would pay rent on time and pay bills on time. If she breaches that she has no legal standings.

cerise

Thanks. notice of eviction was given in writing. she tore it up. I will write another one and outline info gathered from your responses. I am reasonable and don't want to throw someone out on the street.

I think 12 days notice is reasonable given that she is only paying weekly. I have no problem giving back deposit when all outstanding bills have been settled. I gave her another option also but she would have to pay monthly rent up front which she has declined and basically told me she is giving me one months notice which would mean she would leave while I'm away on hols.. unacceptable I cld not inspect the room get keys etc .. God knows what could happen while I am out of the house for 2 weeks.

Basically my renter licensee has been on a discounted rent for sometime got it handy and does not want to pay more to other people. She will only do rent a room because its cheaper per day than a hostel, she had been ok up until the last 2/3 months.

I will contact a locksmith just in case. My last lodger left because his job relocated and there was no hassle. It's my first time having to ask someone to leave.
Thank u

endacl

cerise wrote: »

Thanks. notice of eviction was given in writing. she tore it up. I will write another one and outline info gathered from your responses. I am reasonable and don't want to throw someone out on the street.

I think 12 days notice is reasonable given that she is only paying weekly. I have no problem giving back deposit when all outstanding bills have been settled. I gave her another option also but she would have to pay monthly rent up front which she has declined and basically told me she is giving me one months notice which would mean she would leave while I'm away on hols.. unacceptable I cld not inspect the room get keys etc .. God knows what could happen while I am out of the house for 2 weeks.

Basically my renter licensee has been on a discounted rent for sometime got it handy and does not want to pay more to other people. She will only do rent a room because its cheaper per day than a hostel, she had been ok up until the last 2/3 months.

I will contact a locksmith just in case. My last lodger left because his job relocated and there was no hassle. It's my first time having to ask someone to leave.
Thank u

Best of luck with it. Keep it simple. Don't respond, discuss or negotiate. Tell her how it's going to be. And stick to your position like glue.

Remember, you're not asking, you're telling. It's your home.

odds_on

ABajaninCork wrote: »

Really? The tenant is already cutting up rough. By giving the notice in writing, everything is now made crystal clear to the tenant. There is then no excuse, even though we know she has zero rights...

As mentioned previously, she is not a tenant. A tenant has rights under the RTA 2004. Calling this person a tenant confuses the matter, legally.
This person is a lodger/licensee and therefore has no legal right to remain once the notice period has expired.

A reasonable period of notice is normally the same as the rent payment period. However, as with antisocial behaviour, notice periods may be shorter.

In the case of a lodger and the home owner, it is the home owner who can say how long, or short, the notice period will be. Certainly, notice to leave immediately is possible in exceptional circumstances. This could happen during the night if, for example, the home owner feared for his/her life or injury, or damage to his/her property.

Zulu

cerise wrote: »

Thanks. notice of eviction was given in writing. she tore it up. I will write another one and outline info gathered from your responses. I am reasonable and don't want to throw someone out on the street.

You are far more than reasonable, you're bordering on "push-over" territory.
She ripped it up before, but it was still a letter given to her. Did anyone witness it? Frankly, even if they didn't, I'd be working from the date on that letter. She's choosing to be unreasonable, not you. Don't let her push you around.

ABajaninCork

odds_on wrote: »

As mentioned previously, she is not a tenant. A tenant has rights under the RTA 2004. Calling this person a tenant confuses the matter, legally.
This person os a lodger/licensee and therefore has no legal right to remain once the notice period has expired.

A reasonable period of notice is normally the same as the rent payment period. However, as with antisocial behaviour, notice periods may be shorter.

In the case of a lodger and the home owner, it is the home owner who can say how long, or short, the notice period will be. Certainly, notice to leave immediately is possible in exceptional circumstances. This could happen during the night if, for example, the home owner feared for his/her life or injury, or damage to his/her property.

Did you read my posts?? Where did I say the tenant/lodger/Aunty Nora had any rights??

I already gave my opinion saying the OP should move to put her out. AND I stated she had no rights...

odds_on

endacl wrote: »

I did. Worked very well. Rent was cheaper. Arrangement was more flexible. Landlady was sound. We're still good friends. Nice house to move into. None of the 'you broke a cup, so I'm keeping your deposit' cr4p.

The only issues I've ever had renting have been with landlords. They've been few and far between, but they've never been when renting a room.

The RTA is only there to protect both parties when one starts acting the bollix. In the grand scheme of things, reasonable people should never have to resort to its provisions.

The Rta only applies to tenants and landlords of tenanted properties. It does not apply in this instant, where there is a person renting a room in the owner's own home.

Furthermore, licence agreements are rarely used when renting rooms in the owner's own home. Usually a few verbal conditions are agreed, the owner making the rules which s/he may change at any time.

endacl

odds_on wrote: »

The Rta only applies to tenants and landlords of tenanted properties. It does not apply in this instant, where there is a person renting a room in the owner's own home.

Furthermore, licence agreements are rarely used when renting rooms in the owner's own home. Usually a few verbal conditions are agreed, the owner making the rules which s/he may change at any time.

You haven't read the whole thread, have you?

odds_on

ABajaninCork wrote: »

Did you read my posts?? Where did I say the tenant/lodger/Aunty Nora had any rights??

I already gave my opinion saying the OP should move to put her out. AND I stated she had no rights...

Originally Posted by ABajaninCork
Really? The tenant is already cutting up rough.

She is not a tenant. if you call her a tenant you are confusing the issue.

odds_on

endacl wrote: »

You haven't read the whole thread, have you?

Where have I mis-quoted or gone wrong???

endacl

odds_on wrote: »

Where have I mis-quoted or gone wrong???

I never referred to her as a tenant. Go on. Read the thread. Where did I say she was a tenant?

I look forward to your hearty 'oops!'.

odds_on

endacl wrote: »

I never referred to her as a tenant. Go on. Read the thread. Where did I say she was a tenant?

I look forward to your hearty 'oops!'.

Read post #69, in which I referred to someone calling her a tenant - if you note the post to which I replied it was not you.

odds_on

endacl wrote: »

I did. Worked very well. Rent was cheaper. Arrangement was more flexible. Landlady was sound. We're still good friends. Nice house to move into. None of the 'you broke a cup, so I'm keeping your deposit' cr4p.

The only issues I've ever had renting have been with landlords. They've been few and far between, but they've never been when renting a room.

The RTA is only there to protect both parties when one starts acting the bollix. In the grand scheme of things, reasonable people should never have to resort to its provisions.

I never referred to her as a tenant. Go on. Read the thread. Where did I say she was a tenant?

I look forward to your hearty 'oops!'.

In this post, I was not saying that you called her a tenant. It was the fact that you mentioned: "The RTA is only there to protect both parties ....."
I was pointing out that in this case the RTA is irrelevant and should not have been brought up in this thread.

endacl

odds_on wrote: »

Read post #69, in which I referred to someone calling her a tenant - if you note the post to which I replied it was not you.

No. But the first one you jumped in to respond with was:

odds_on wrote: »

The Rta only applies to tenants and landlords of tenanted properties. It does not apply in this instant, where there is a person renting a room in the owner's own home.

Furthermore, licence agreements are rarely used when renting rooms in the owner's own home. Usually a few verbal conditions are agreed, the owner making the rules which s/he may change at any time.

In response to:

endacl wrote: »

I did. Worked very well. Rent was cheaper. Arrangement was more flexible. Landlady was sound. We're still good friends. Nice house to move into. None of the 'you broke a cup, so I'm keeping your deposit' cr4p.

The only issues I've ever had renting have been with landlords. They've been few and far between, but they've never been when renting a room.

The RTA is only there to protect both parties when one starts acting the bollix. In the grand scheme of things, reasonable people should never have to resort to its provisions.

... which was a side discussion that developed off the topic at hand.

Seriously. Sometimes it makes more sense when you just read the whole thread. Especially when it's relatively short, and when your right.

You didn't get anything wrong. You just jumped in on a debate that wasn't actually happening...

odds_on

endacl wrote: »

No. But the first one you jumped in to respond with was:


In response to:

... which was a side discussion that developed off the topic at hand.

Seriously. Sometimes it makes more sense when you just read the whole thread. Especially when it's relatively short, and when your right.

You didn't get anything wrong. You just jumped in on a debate that wasn't actually happening...

My first post in this thread was post #18. Then reading later posts there was so much mis-information, quotes of the RTA 2004, lodgers being referred to as tenants, which completely confuses the matter. This would be especially true if a tenant was reading this and may think that what was being discussed applied to him.

As is obvious, especially people who quote from the Citizens Information website and often misunderstand because they have not read the full page (or in some cases, lack of information by the CI.

Apologies if I stepped on your toes.

Pawwed Rig

Zulu wrote: »

You are far more than reasonable, you're bordering on "push-over" territory.
She ripped it up before, but it was still a letter given to her. Did anyone witness it? Frankly, even if they didn't, I'd be working from the date on that letter. She's choosing to be unreasonable, not you. Don't let her push you around.

If someone behaved like that in my house I woul not tolerate them for another second. I agree with the pushover comment. How are you going to be able to relax for the next while OP?

endacl

odds_on wrote: »

My first post in this thread was post #18. Then reading later posts there was so much mis-information, quotes of the RTA 2004, lodgers being referred to as tenants, which completely confuses the matter. This would be especially true if a tenant was reading this and may think that what was being discussed applied to him.

As is obvious, especially people who quote from the Citizens Information website and often misunderstand because they have not read the full page (or in some cases, lack of information by the CI.

Apologies if I stepped on your toes.

Ah no worries. I'm having a slow day here. Pedantry helps. Obviously not pedantic enough!

Still pals?

odds_on

endacl wrote: »

Ah no worries. I'm having a slow day here. Pedantry helps. Obviously not pedantic enough!

Still pals?

Still pals!