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evict tenant

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  • 31-05-2014 9:39pm
    #1
    problemss
    Users Awaiting Email Confirmation Posts: 13 ✭


    Hi,
    Gave notice to the tenant and say that i wanna sell the house but found out my brother need the house to rent on rent allowance because cant get any house on welfare in these days. Already give her notice and all but tenant doesn't wanna leave the house. What can i do to get her out because my brother need that house soon. Will i get fine if i change the house lock ? How long does it take to go to court with PRTB ?


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    #2
    BorneTobyWilde
    Registered Users Posts: 36,102 ✭✭✭✭BorneTobyWilde


    Doesn't seem a fair reason to evict someone. She done nothing wrong.


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    #3
    problemss
    Users Awaiting Email Confirmation Posts: 13 ✭problemss


    Yea. But i need it for my family member and she also didn't pay rent in 4 months . In the part 4 tenancy said that can terminate tenancy if need it for family member.


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    #4
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    BorneTobyWilde wrote: »
    Doesn't seem a fair reason to evict someone. She done nothing wrong.

    Actually it is. You can break a part four tenancy as a landlord under specific circumstances, one being needing the property for a family member and another being to sell the property.

    OP under no circumstances should you change the locks. Unless you want a fine of about 10k. Google legally evicting a tenant


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    #5
    Kristopherus
    Registered Users Posts: 11,907 ✭✭✭✭Kristopherus


    You cannot evict her for that flimsy reason. And defo your brother skiving off the state to provide you with an income stinks:rolleyes:


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    #6
    GerardKeating
    Registered Users Posts: 7,660 ✭✭✭GerardKeating


    problemss wrote: »
    Hi,
    Gave notice to the tenant and say that i wanna sell the house but found out my brother need the house to rent on rent allowance because cant get any house on welfare in these days. Already give her notice and all but tenant doesn't wanna leave the house. What can i do to get her out because my brother need that house soon. Will i get fine if i change the house lock ? How long does it take to go to court with PRTB ?

    Needing it for self or a family member is a valid "excuse" to evict.


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    #7
    TimeToShine
    Registered Users Posts: 4,881 ✭✭✭TimeToShine


    Don't touch the locks. Look up the proper procedure and follow it. Start by giving her written notice if you haven't already - she'll then have a fixed time period in which to leave depending on the type of tenancy.


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    #8
    problemss
    Users Awaiting Email Confirmation Posts: 13 ✭problemss


    I need to pay mortgage for the house and she is not paying rent. Need to wait around 12-18 months to go to court and by then my house will be taken by the bank and my brother will become homeless. That s ridiculous.


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    #9
    Gongoozler
    Closed Accounts Posts: 3,263 ✭✭✭Gongoozler


    Jesus I would've thought people would know you can be asked to leave for this purpose. How do people function in the world.

    OP I'd say contact the prtb about what you should do to get her out. Do not change the locks. Do everything by the book. Has she not paid rent? For how long?


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    #10
    Bigcheeze
    Closed Accounts Posts: 2,858 ✭✭✭Bigcheeze


    problemss wrote: »
    I need to pay mortgage for the house and she is not paying rent. Need to wait around 12-18 months to go to court and by then my house will be taken by the bank and my brother will become homeless. That s ridiculous.


    We're not allowed to recommend breaking the law so you'll have to weigh up on the one hand the potential consequences of kicking out the tenant who has not paid rent in 4 months and on the other hand not getting rent for 18 months.

    I know what I'd do but it's against the rules to recommend it.


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    #11
    problemss
    Users Awaiting Email Confirmation Posts: 13 ✭problemss


    She didn't pay in 4 months and the banks are giving me warning letter and all. If i wait for court and keep letting her stay in the house it will ended up the bank take the house.


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    #12
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    problemss wrote: »
    She didn't pay in 4 months and the banks are giving me warning letter and all. If i wait for court and keep letting her stay in the house it will ended up the bank take the house.

    Have you given her a 14 day notice for non payment of rent followed by 28 day notice of eviction? You can't do anything until you've done both


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    #13
    Cuddlesworth
    Registered Users Posts: 13,995 ✭✭✭✭Cuddlesworth


    Bigcheeze wrote: »
    We're not allowed to recommend breaking the law so you'll have to weigh up on the one hand the potential consequences of kicking out the tenant who has not paid rent in 4 months and on the other hand not getting rent for 18 months.

    I know what I'd do but it's against the rules to recommend it.

    If your in a situation where your worried about repossession due to money problems, evicting somebody illegally is about the worst thing you can do. Look at the PRTB cases, 10k is around average. And he won't get his rent back either.


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    #14
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    BorneTobyWilde wrote: »
    Doesn't seem a fair reason to evict someone. She done nothing wrong.

    Even without the additional information that she's not paying, selling or using the house for yourself or a family member are perfectly legitimate reasons to end a part 4 tenancy. No less fair than someone not paying, which I believe is acceptable to end any tenancy.
    Kristopherus wrote: »
    You cannot evict her for that flimsy reason. And defo your brother skiving off the state to provide you with an income stinks:rolleyes:

    Yes, they can, nor is it flimsy, their brother doing this is no different to anyone else doign it, are they also skiving off the state, its as reasonable to let to a family meber as anyone else, although it may bring its own problems.

    OP, termination of a tenancy for non payment is a 2-3 step process, depending on if its a fixed term tenancy or a part 4. I suggest you read the prtb and rta2004.

    You should have initiated this as soon as they failed to pay, first notice is usually an informal warning but best in writing and registered but back that up with email/text and delivery by hand, then the 14 day notice to rectify the matter, then I think its 28 days to vacate, at that stage if they were late in making good by the 14th day, I think they could even still be evicted if they paid up to date after that, but it would probably be more difficult, if they dont make good, you kind of have them and Id initiate the PRTB, but id keep the tenant informed so they have the option of backing down and you can tell them landlords check the PRTB records for defaulters like this and you will push through with it, then you'd have to do that, however it takes.
    But dont change the locks or you'll be fcuked.


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    #15
    problemss
    Users Awaiting Email Confirmation Posts: 13 ✭problemss


    The main thing is my brother really need a house to stay. As i say no landlord will accept rent allowance. And the house he is renting is for sale.


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    #16
    problemss
    Users Awaiting Email Confirmation Posts: 13 ✭problemss


    Thanks for all the info. The least thing i would do now is changing the lock. Not worth paying the fine. But is also not worth if the bank repossession the house. The <tenant>do me head in doesn't wanna leave the house.


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    #17
    TimeToShine
    Registered Users Posts: 4,881 ✭✭✭TimeToShine


    problemss wrote: »
    She didn't pay in 4 months and the banks are giving me warning letter and all. If i wait for court and keep letting her stay in the house it will ended up the bank take the house.

    She hasn't paid rent in 4 months? Am I interpreting this correctly?


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    #18
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    problemss wrote: »
    The main thing is my brother really need a house to stay. As i say no landlord will accept rent allowance. And the house he is renting is for sale.

    If that house is for sale, maybe he can negotiate with the landlord to hold on till its sold, and move at the latest possible time as sale agreed can be some time, maybe they can accommodate his landlord to work around the sale, landlord might want them gone as they think its easier to manage the sale, but the rent might be helpful for that person too.


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    #19
    problemss
    Users Awaiting Email Confirmation Posts: 13 ✭problemss


    She said the rent allowance place stop her payment because i gave her notice to leave the house.


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    #20
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    problemss wrote: »
    Thanks for all the info. The least thing i would do now is changing the lock. Not worth paying the fine. But is also not worth if the bank repossession the house. The bitch do me head in doesn't wanna leave the house.
    You still haven't answered the question. Have you issued her with a 14 day notice for rent arrears and a 28 day eviction notice?


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    #21
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    problemss wrote: »
    Thanks for all the info. The least thing i would do now is changing the lock. Not worth paying the fine. But is also not worth if the bank repossession the house. The <tenant>do me head in doesn't wanna leave the house.

    Watch your language please


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    #22
    Bigcheeze
    Closed Accounts Posts: 2,858 ✭✭✭Bigcheeze


    Cuddlesworth wrote: »
    If your in a situation where your worried about repossession due to money problems, evicting somebody illegally is about the worst thing you can do. Look at the PRTB cases, 10k is around average. And he won't get his rent back either.


    10k fine vs 18 months lost rent. Op is not getting the rent arrears no matter what option they select.

    I suppose the op can just say they can't afford to pay the fine.


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    #23
    problemss
    Users Awaiting Email Confirmation Posts: 13 ✭problemss


    The landlord say if the house is sold you have 2 months notice to go. So in that 2 months if the ......still in the house so where is my bro gonna go ? Homeless and let the........ stay in the house. Doesn't sound good.


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    #24
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    Bigcheeze wrote: »
    10k fine vs 18 months lost rent. Op is not getting the rent arrears no matter what option they select.

    I suppose the op can just say they can't afford to pay the fine.

    Stop making suggestive posts that you know break the rules.


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    #25
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    problemss wrote: »
    The landlord say if the house is sold you have 2 months notice to go. So in that 2 months if the ...... still in the house so where is my bro gonna go ? Homeless and let the.......stay in the house. Doesn't sound good.

    Your brother is an adult, let him sort his own problem. In the meantime you need to deal with your house issue.


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    #26
    TimeToShine
    Registered Users Posts: 4,881 ✭✭✭TimeToShine


    Give her the written notice. That gives her 14 days.

    Give her the eviction notice in writing. Another 28 days.

    If she is still there call the gards.


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    #27
    fussyonion
    Registered Users Posts: 7,819 ✭✭✭fussyonion


    problemss wrote: »
    The landlord say if the house is sold you have 2 months notice to go. So in that 2 months if the ....... still in the house so where is my bro gonna go ? Homeless and let the .......stay in the house. Doesn't sound good.

    Calling your tenant names is really not necessary. You were happy to have her as a tenant until you decided your brother needed the house.
    I wish your tenant all the best and hope she finds a place with a Landlord who knows how to treat people.


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    #28
    problemss
    Users Awaiting Email Confirmation Posts: 13 ✭problemss


    I am dealing and also trying to help my bro. But the problem is the tenant doesn't wanna leave. Just wanna know how to evict her.


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    #29
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    fussyonion wrote: »
    You were happy to have her as a tenant until you decided your brother needed the house.
    I wish your tenant all the best and hope she finds a place with a Landlord who knows how to treat people.

    The OP already said that they told the tenant they were selling the house BEFORE finding out the brother wanted to move in.


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    #30
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    problemss wrote: »
    I am dealing and also trying to help my bro. But the problem is the tenant doesn't wanna leave. Just wanna know how to evict her.

    FOR THE THIRD TIME!! Have you issued the 14 day notice of payment arrears and after those 14 days elapsed then a 28 day notice of eviction. That's how you LEGALLY start procedures.


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    #31
    problemss
    Users Awaiting Email Confirmation Posts: 13 ✭problemss


    I issued her a letter and the date to leave about selling the house. She should have gone by 29 June but she say she gonna fight to court.


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