Tenant not gone after saying he was leaving?

Mrs W

I've a tenant who has been unable to pay rent this last five weeks, kept saying he was getting it sorted etc so I gave him the benefit of the doubt. Called his bluff 2 weeks ago and he said himself that he'd have to move out because he couldn't pay.

Was supposed to give the keys back last week and he wouldn't answer the phone, I calked down and he basically told me to f off, he wasn't leaving.


Do I have to give him another 28 days notice since he was actually the one who gave me notice but then just didn't leave? I have it on a text to technically in writing?

emeldc

I have a suggestion but I was crucified the last time I suggested it. In my book there is only one way to deal with someone like this, but there you go, make up your own mind. Good luck either way.

Mrs W

emeldc wrote: »

I have a suggestion but I was crucified the last time I suggested it. In my book there is only one way to deal with someone like this, but there you go, make up your own mind. Good luck either way.

You can PM me that suggestion! My dad went down yesterday to a different apartment and this lunatic came out like a psycho, said he had assaulted him and called the guards. The guard saw through him and gave him a warning but couldn't assist as it's a civil matter

The_Conductor

You have to give them 14 days notification of arrears notice.
They have 14 days to pay the rent in full.
If this does not occur- only then can you issue a notice of eviction.
The Notice of Eviction is a 28 days notice of eviction (for non-payment of rent).
On the elapse of this- if they still refuse to leave- you have to go to the PRTB (who to be fair to them- are fast-tracking these type disputes, they're now down to 4-6 weeks for hearings- they were up at over a year at one stage).

1. Notice giving them 14 days to pay rent and arrears in full. Detail exactly what is due.

2. If payment of all rent and arrears is not made within the 14 days in Notice 1- then a new notice of eviction- stating non-payment of rent as the reason.

3. If they still refuse to leave- PRTB..........

Cuddlesworth

The_Conductor wrote: »

The Notice of Eviction is a 28 days notice of eviction (for non-payment of rent).
On the elapse of this- if they still refuse to leave- you have to go to the PRTB (who to be fair to them- are fast-tracking these type disputes, they're now down to 4-6 weeks for hearings- they were up at over a year at one stage).

Thats good to hear. You still have to take the PRTB judgement to the circuit court though, which can still take anywhere from 6 to 36 weeks depending on where you are.

No Pants

Mrs W wrote: »

You can PM me that suggestion! My dad went down yesterday to a different apartment and this lunatic came out like a psycho, said he had assaulted him and called the guards. The guard saw through him and gave him a warning but couldn't assist as it's a civil matter

Wrongfully accusing someone of committing a crime is not a civil matter.

makeorbrake

emeldc wrote: »

I have a suggestion but I was crucified the last time I suggested it. In my book there is only one way to deal with someone like this, but there you go, make up your own mind. Good luck either way.

+1 - to your suggestion - which is unmentionable as it's not 'flame-retardant'!

The_Morrigan

Folks, if you got in trouble last time you made a suggestion here, don't you think you should refrain from doing it again?
Cut out the suggestive posts, any advice given here must be within the remit of Irish law.

the_syco

Mrs W wrote: »

My dad went down yesterday to a different apartment and this lunatic came out like a psycho, said he had assaulted him and called the guards. The guard saw through him and gave him a warning but couldn't assist as it's a civil matter

Could this be seen as anti-social?

fash

the_syco wrote: »

Could this be seen as anti-social?

No- there are strict definitions.
OP:
Keeping to the legal options only
start with 14 day notice etc. - to give you your options.
You may need to bribe the guy if he's stubborn- it might save everyone money if he has none. See how you go with the 14 day notice.

jimd2

Mrs W wrote: »

I've a tenant who has been unable to pay rent this last five weeks, kept saying he was getting it sorted etc so I gave him the benefit of the doubt. Called his bluff 2 weeks ago and he said himself that he'd have to move out because he couldn't pay.

Was supposed to give the keys back last week and he wouldn't answer the phone, I calked down and he basically told me to f off, he wasn't leaving.


Do I have to give him another 28 days notice since he was actually the one who gave me notice but then just didn't leave? I have it on a text to technically in writing?

Is it a bedsit on its own as part of other bedsits or flats? Is it more than one person staying there including children? Is it an easy place for you to re-let? Is there a lease? Does he leave during the day?

Based on the above would influence my general attitude to him. First thing is probably to issue the 14 day notice. However, based on the above answers I would consider, after the 14 days are up, going in there when he is out and changing the locks. I may get crucified for saying this but I have seen how my elderly parents were treated by a business renting from them. They are down loads of money in rent and utilities and the business is finally gone but happily operating elsewhere.

Mrs W

He's already had his 14 day notice so I issued the 28 days yesterday, hand delivered but he wouldn't answer the door. I was terrified he actually would and had hubby with me just on case!! We could hear the telly on and voices but he wouldn't answer so put it on the post box.

It's an apartment in a block of 20, he also has a load of ****in cats in it too, I'm dreading the state of the place when we get him out

bidiots

:eek:

The_Morrigan wrote: »

any advice given here must be within the remit of Irish law.

If this was a legitimate legal advice forum,then maybe.
Otherwise, that's a crazy statement tbf

mickdw

My cousin rented to a foreign doctor. After 6 weeks, the rent stopped and he figured out there were at least 10 people living in the house.
They were literally laughing at him whenever he got in contact. He went the correct route re eviction but after 13 months and lots of legals he was down 16k plus all the solicitors costs and the guys were still there.
He got them out in the end by other means but the law really is an ass in this case.

The_Morrigan

bidiots wrote: »

:eek:

If this was a legitimate legal advice forum,then maybe.
Otherwise, that's a crazy statement tbf

Legal advice isn't permitted on boards.ie it is against the charter, as is advocating illegal activity and arguing a mod instruction on thread.

The mod instruction is quite standard, not crazy.