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Landlord here and refusing to leave

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24

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  • Registered Users Posts: 12,583 ✭✭✭✭tunney


    Export wrote: »
    I don't care if I owe him a million, he can't just break into my home! And then sit there like an ape!

    can a rented dwelling ever really be a home?


  • Closed Accounts Posts: 5,162 ✭✭✭MadDog76


    D3PO wrote: »
    You cant its a CIVIL Matter :rolleyes: lets stick to the topic this is A&P not after hours.

    It stopped being a Civil matter the minute the LL entered the home illegally and is physically refusing to leave .......... his intimidation methods are criminal.

    The Civil aspects of this situation will need to be dealt with seperately to today's situation .......... :rolleyes:


  • Registered Users Posts: 7,879 ✭✭✭D3PO


    MadDog76 wrote: »
    It stopped being a Civil matter the minute the LL entered the home illegally and is physically refusing to leave .......... his intimidation methods are criminal.

    The Civil aspects of this situation will need to be dealt with seperately to today's situation .......... :rolleyes:


    You cannot break and enter into your own property. This is a civil matter. Now put away that law for dummies book :rolleyes:


  • Registered Users Posts: 456 ✭✭highlandseoghan


    Did the landlord give you notice that he was evicting you today?

    Have you tried to come up with a payment plan to clear the arrears?

    Have you been in arrears before with this landlord?

    Would you not go to the landlord and try to resolve this situation.


  • Registered Users Posts: 2,258 ✭✭✭Fabio


    tunney wrote: »
    can a rented dwelling ever really be a home?

    They are for most people on the continent.


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  • Registered Users Posts: 7,879 ✭✭✭D3PO


    Would you not go to the landlord and try to resolve this situation.


    what you mean act responsibly like adults should ? :rolleyes:


  • Registered Users Posts: 797 ✭✭✭FobleAsNuck


    Did the landlord give you notice that he was evicting you today?

    Have you tried to come up with a payment plan to clear the arrears?

    Have you been in arrears before with this landlord?

    Would you not go to the landlord and try to resolve this situation.

    all irrelevant questions


  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    OP, go to a bank (machine) take out €290, give it to him assure him you will pay rent in time in future. He will leave straight away.

    I like this LL by the way, he is not threatening you, he is sitting in your doorway waiting for you to pay what you owe him. It's better for him to kick a delinquent tenant out and MAYBE take a hit from PTSB than you leave you there for an extended period while you don't pay your rent.

    I also note that in none of your posts do you say you intend to pay the rent, only that you received a notice letter from the LL. Pay up or ship out.


  • Banned (with Prison Access) Posts: 429 ✭✭Export


    Guards have been here.

    I will pay the rent when I have it. Currently waiting on my dole to come through.

    He 'started' with the heavy bully-boy thugish tactics, which brought out the 'stubborn' in me.

    He has harrassed me on numerous occassions, he has harrassed my grandmother and my father. My father has already made a statement to the guards about him.


  • Closed Accounts Posts: 2,592 ✭✭✭drumswan


    davo10 wrote: »
    I like this LL by the way, he is not threatening you, he is sitting in your doorway waiting for you to pay what you owe him. It's better for him to kick your ass out and MAYBE take a hit from PTSB than you leave you there for an extended period while you don't pay your rent.
    Theres no maybe about it, if the LL forcibly evicts today he will be paying out 10k+


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  • Registered Users Posts: 7,879 ✭✭✭D3PO


    Export wrote: »
    Guards have been here.

    I will pay the rent when I have it. Currently waiting on my dole to come through.

    THats good but assuming he has issued valid notice of arrears and its beyond 14 days he can issue eviction proceedings regardless. Hes clearly clueless but if I were him Id follow the correct procedure and have you evicted.

    glad to see your dole managed to pay for your internet but not your rent btw.


  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    Export wrote: »
    Guards have been here.

    I will pay the rent when I have it. Currently waiting on my dole to come through.

    He 'started' with the heavy bully-boy thugish tactics, which brought out the 'stubborn' in me.

    He has harrassed me on numerous occassions, he has harrassed my grandmother and my father. My father has already made a statement to the guards about him.

    No you started it by not paying rent, when and from where you get your money from is not his concern, you have agreed to pay rent. Has he "harassed" you because there were other occasions you didn't pay him?


  • Closed Accounts Posts: 5,162 ✭✭✭MadDog76


    D3PO wrote: »
    You cannot break and enter into your own property. This is a civil matter. Now put away that law for dummies book :rolleyes:

    When the Guards arrive and if LL refuses to leave, the Guards will be forced to arrest him for Breach of the Peace and physically remove him, they will also ask the Tenant if he wishes to press charges against the LL ............. the LL has now committed a criminal offence and will be treated as such.

    The Guards will not entertain any back story about arrears etc. from either party as these are Civil matters, they will only deal with the criminal offence which has taken place today.
    Legally speaking you absolutely can be charged with Breaking & Entering a property which technically belongs to you ............. speaking from experience here.

    Now take your "Law for Dummies" book back and learn to read it ..........:rolleyes:


  • Registered Users Posts: 1,945 ✭✭✭Grandpa Hassan


    The LL is acting like a d*** and leaving himself open to trouble.

    But my sympathy for you is zero given the flippant attitude that you have to not paying rent. Let me ask you this (and answer honestly): If the LL issued you with the proper notices and then an eviction notice, would you leave? I suspect, given your attitude, that you would not.


  • Registered Users Posts: 7,879 ✭✭✭D3PO


    drumswan wrote: »
    Theres no maybe about it, if the LL forcibly evicts today he will be paying out 10k+

    thats untrue very few awards are 10k+ so the term maybe is fair enough.

    Most awards are significantly less than this but people seem to flock to this as a gaurantee that any payout will be over 10k

    just go browse tribunal results for illegal eviction and you will see that.


  • Banned (with Prison Access) Posts: 429 ✭✭Export


    The LL is acting like a d*** and leaving himself open to trouble.

    But my sympathy for you is zero given the flippant attitude that you have to not paying rent. Let me ask you this (and answer honestly): If the LL issued you with the proper notices and then an eviction notice, would you leave? I suspect, given your attitude, that you would not.

    I will follow the LAW.


  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    drumswan wrote: »
    Theres no maybe about it, if the LL forcibly evicts today he will be paying out 10k+

    Does this happen in 100% of cases? Have you a link to this?


  • Registered Users Posts: 1,945 ✭✭✭Grandpa Hassan


    Export wrote: »
    I will follow the LAW.

    Pay him his money then! :rolleyes:


  • Registered Users Posts: 7,879 ✭✭✭D3PO


    MadDog76 wrote: »
    When the Guards arrive and if LL refuses to leave, the Guards will be forced to arrest him for Breach of the Peace and physically remove him, they will also ask the Tenant if he wishes to press charges against the LL ............. the LL has now committed a criminal offence and will be treated as such.

    The Guards will not entertain any back story about arrears etc. from either party as these are Civil matters, they will only deal with the criminal offence which has taken place today.
    Legally speaking you absolutely can be charged with Breaking & Entering a property which technically belongs to you ............. speaking from experience here.

    Now take your "Law for Dummies" book back and learn to read it ..........:rolleyes:

    1. Breach of the peace wouldnt be down to the tenant to "press charges on" :rolleyes:

    2. You cannot be charged with breaking and entering a property that belongs to you. As for your expereince if you have direct experience of the contrary please provide me the case details so I can look it up online ......


  • Banned (with Prison Access) Posts: 429 ✭✭Export


    Pay him his money then! :rolleyes:
    I don't have any!


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  • Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    Folks, the snide, sarcastic, condesending remarks stop now or I will start issuing further infractions.


  • Registered Users Posts: 7,879 ✭✭✭D3PO


    davo10 wrote: »
    Does this happen in 100% of cases? Have you a link to this?


    it doesnt. Just check PRTB tribunal results and you will see that it doesnt.


  • Registered Users Posts: 100 ✭✭geret


    Have you called in the freemen yet?


  • Banned (with Prison Access) Posts: 429 ✭✭Export


    D3PO wrote: »
    1. Breach of the peace wouldnt be down to the tenant to "press charges on" :rolleyes:

    2. You cannot be charged with breaking and entering a property that belongs to you. As for your expereince if you have direct experience of the contraty please provide me the case details so I can look it up online ......

    I am pressing charges against the three of them, for breaking and entering. Guards advised me that it may be dismissed but I have the right to do so.


  • Registered Users Posts: 40,291 ✭✭✭✭Gatling


    When's your next rent due to be paid op


  • Banned (with Prison Access) Posts: 429 ✭✭Export


    geret wrote: »
    Have you called in the freemen yet?

    No - I think the landlord is one of them.... :P


  • Banned (with Prison Access) Posts: 429 ✭✭Export


    Gatling wrote: »
    When's your next rent due to be paid op

    Today.


  • Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    Autonomous wrote: »
    Have you paid your rent etc?

    Arguably not relevant as proper eviction procedure must still be followed. Sounds like an illegal eviction. LL may well end up a few grand out of pocket.


  • Registered Users Posts: 40,291 ✭✭✭✭Gatling


    Export wrote: »
    Today.

    So your now 2 months behind ?


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  • Banned (with Prison Access) Posts: 429 ✭✭Export


    Gatling wrote: »
    So your now 2 months behind ?

    A month and a half.


This discussion has been closed.
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