First time landlord - The bad and the ugly crazy tenant nighmares

eriepeking

seamus wrote: »

Aside from an open window potentially causing damage to the property by letting in heavy rain, it's also a big vent out which through any heat disappears. It's been colder and windy the last two weeks. Even with the door closed, an open window will let heat escape and cause doors and windows throughout the property to slam shut.

Seamus, That is exactly what i worries about! Please have a read on my reply to 'timetogo'. I ve explained there how she found a smell in her room and we r acting like dogs in my own house to sniff it out ! Ha

Arbiter of Good Taste

eriepeking wrote: »

She told me to give her money to see a professional doctor for this headache ! Which of course i refused!

Sounds to me that she certainly needs to see some kind of professional head doctor........

eriepeking

Just to add another bit on this heasache issue. She told me the smell in her room was so bad and a mosquito flew in her room and immediately passed out and died on the floor !

I just dont know how to respond to comments like that !

athtrasna

eriepeking wrote: »

Just to add another bit on this heasache issue. She told me the smell in her room was so bad and a mosquito flew in her room and immediately passed out and died on the floor !

I just dont know how to respond to comments like that !

Tell her that the best thing for all of you is for her to move out at the end of the week, that you are terminating the license agreement and that she will have her deposit returned pending a satisfactory room inspection... Unless your "lease"says otherwise

Arbiter of Good Taste

eriepeking wrote: »

Just to add another bit on this heasache issue. She told me the smell in her room was so bad and a mosquito flew in her room and immediately passed out and died on the floor !

I just dont know how to respond to comments like that !

I think at that point you just have to laugh. She's a mentaller. Seriously, I would be scared of someone like that. Kick her out and change the locks.

Greenmachine

eriepeking wrote: »

Just to add another bit on this heasache issue. She told me the smell in her room was so bad and a mosquito flew in her room and immediately passed out and died on the floor !

I just dont know how to respond to comments like that !

We don't have mosquitoes in ireland for a start, then there is the fact that it is too cold for them this time of year.

foggy_lad

eriepeking wrote: »

Hi Ken,

Thanks so much for the quick reply! We have been looking into this. Can I just say she is being an unpleasant tenant and please go tomorrow? Do I need to return her deposit and thinking I am just unlucky She then gets it away so easy and thinking she has won it all?? Thank you !!

As the owner of the house because you also live there any people that you rent rooms to are only "guests" and can legally be put out on the street with their bags and belongings at any time with only minimal notice.

normally notice would be a minimum of about a month for most people as they will get on very well with their guests but when things turn sour or nasty the notice period can be as little as a week or even 24hours!

You have the right to set a time and date by which the guest must be gone and after that time if they have not removed all their belongings you are entitled to put them out in the garden.

You will have to change the locks for any keys that the guest might have had access to and if she was friendly with other guests I would be asking them to leave too as they might give the problematic guest their key or get one cut for her.

Basically YOU have all the power and the law is firmly on your side!

MagicMarker

I wouldn't give her any notice, just pack her stuff and leave it outside, I'd try and get someone out today to change the locks.

Who knows what she'll do if she knows she's being kicked out.

foggy_lad

Thewife wrote: »

Serve her notice and give her back her deposit .. I rented a room years ago to what can only be described as a nightmare ... Came home from
Work every day to the kitchen being a scene from a war movie (tenant didn't work so had all day to make lots of mess) ended up eating my dinner out most days as in order to eat at home Id have to clean her mess ...mess was there for so long had to throw away most of my pots and pans as the food and burn couldn't be removed .... Most days also came home to a strange man who she found on tele text dating .. Coming home to a strange man everyday who is sprawled out on your sofa was to much for me to handle ... She had to go !!!

Was she a prostitute maybe?

eriepeking wrote: »

Hi ABajaninCork,

I will eventually get her out ! The only thing is it is soo hard to tell her what law has entitled me. Even if I show her the exact info on citizeninformation.ie! she takes it as a joke ! Or she tells me her english is too poor to understand it. ( yet she is in 4th yr uni in Ireland) When i take the route of neither explaining nor discussions, she tells me i am being unreasonable and she is going to ignore what i have informed her.

I know regardless what she thinks she is getting kicked out. But I guess it will be the hard way after the notice period, i.e. lock changed, stuff on the street!

Tell her she is "not in Kansas anymore" and that irish law applies and she is being kicked out!

El_Duderino 09 wrote: »

Be sure to give her the deposit either by electronic transfer or get her to sign that she received it. You don't want her to claim she never received it and demand another deposit back

Don't give her any deposit back until the room is checked and the locks or the barrel part of the locks(the small round part that the key goes into) is changed

eriepeking wrote: »

Just to add another bit on this heasache issue. She told me the smell in her room was so bad and a mosquito flew in her room and immediately passed out and died on the floor !

I just dont know how to respond to comments like that !

Hmmm, Stand facing her, with your hands up beside your head palms facing the front place your thumbs in your ears, cross your eyes if able and stick out your tongue whilst wiggling your fingers!

Marcusm

The_Conductor wrote: »

She is *not* a tenant- and tenancy law doesn't apply to her.
She is staying with you and your husband, in your house, under license, and can be asked to leave at any time.
I would advise giving her a week's notice- and giving her her deposit back in full.

Unfortunately international students often have unreasonable expectations- she probably thinks she is a tenant and tenancy law applies- well, even if she were, and tenancy law did apply- you could still ask her to leave within the first 6 months- without reason- however this is not the case.

She has no rights. Tell her to get out.

With the greatest of respect, that statement is untrue and unhelpful. You acknowledge that she is a licensee but you seem not to take any regard of the fact that the OP has entered into a written agreement which will very much have standing should it go further. The OP should be recommended to give notice in accordance with the written agreement which she has with the student.

Betty Bloggs

eriepeking wrote: »

Just to add another bit on this heasache issue. She told me the smell in her room was so bad and a mosquito flew in her room and immediately passed out and died on the floor !

I just dont know how to respond to comments like that !

Bwahahahahhaha:pac::pac::pac:

She's either a looney OP, or else she's smoking some seriously heavy weed in that room out the window and that's why she keeps the window open all the time to get rid of the smell. Maybe both!

Seriously though, is it a non smoking house? Might she be sneaking a few cigs or other out the window and trying to keep the room aired to mask the smell because it would break the terms of whatever contract she signed with you?
Sure she could have just moved into a smoking house but it can be very hard sometimes to find a suitable house in the location you want that allows smokers A lot of ads say "non smokers only" or "non smoking house".

Either she keeps the window wide open 24 hours a day because she's (a)trying to hide the smell of smoke, or (b) she keeps it open all day because there are toxic, headache causing, mosquito killing fumes (that nobody else can smell) present, and she also enjoys the Irish wind and rain lashing in on top of her, or else (c) she's just a crazy fecker!

I would think a or c or more likely a combination of both.

Can't believe she asked you to pay for doctor.

This girl is deluded and I wouldn't feel comfortable around her at all.
Follow the advice you've been given here and turf her out asap - as long as you don't break your contract by doing so.

eriepeking

Betty Bloggs wrote: »

Bwahahahahhaha:pac::pac::pac:

She's either a looney OP, or else she's smoking some seriously heavy weed in that room out the window and that's why she keeps the window open all the time to get rid of the smell. Maybe both!

Seriously though, is it a non smoking house? Might she be sneaking a few cigs or other out the window and trying to keep the room aired to mask the smell because it would break the terms of whatever contract she signed with you?
Sure she could have just moved into a smoking house but it can be very hard sometimes to find a suitable house in the location you want that allows smokers A lot of ads say "non smokers only" or "non smoking house".

Either she keeps the window wide open 24 hours a day because she's (a)trying to hide the smell of smoke, or (b) she keeps it open all day because there are toxic, headache causing, mosquito killing fumes (that nobody else can smell) present, and she also enjoys the Irish wind and rain lashing in on top of her, or else (c) she's just a crazy fecker!

I would think a or c or more likely a combination of both.

Can't believe she asked you to pay for doctor.

This girl is deluded and I wouldn't feel comfortable around her at all.
Follow the advice you've been given here and turf her out asap - as long as you don't break your contract by doing so.

Nobody smokes currently in my house including her ! And when we bought the house we spent over 15k renovating it. So no residue smells And that is why i felt she is crazy, whatever she is smelling....

Funky G

Sounds like your "tennant" is away with the fairies. Maybe she'll fly out as she seems to want to want her window kept open 24/7

Tell her the window can't be left open 24/7 - insurance reasons. No need to provide proof. Insurance companies - 123.ie - dont even allow you to keep a key in on the other side of the door in case someone uses a side window to break in. Imagine what could happen when you tell them well, the bedroom window of my lodger's room was open.....

Tell her to clean up after herself, floors etc, - she is renting a room, not staying in a hotel.

As for the emergency number, just call your phone company and get her number barred from ringing you.

As a live in landlord she can spout up all she wants. Just tell her to move out, give her a weeks notice, return deposit if all is ok with the room and change the locks. You've documented enough in case she does something. My inkling thinks she won't do anything.

Simples.

Rubberchikken

stop explaining things to her. just act.

also, with next tenant/room renter, don't drive them places, don't facilitate them in any way. they are adults. they will manage.
get proper rules set out. have them sign the rules. enforce the rules.
that or stop renting out the room.

athtrasna

Any update OP?

El_Duderino 09

In the tenancy agreement you signed, how long is the notice period?

If she is going to be awkward it might be wise to err on the side of caution and give her the notice in the agreemen.

eriepeking

El_Duderino 09 wrote: »

In the tenancy agreement you signed, how long is the notice period?

If she is going to be awkward it might be wise to err on the side of caution and give her the notice in the agreemen.

I see many asking about the lease.

The terms that related with this topic that i have on the lease are:

-Tenant accepts that it is not entitled to end this Agreement before the end of the Term
-To immediately comply with any notice that may be given by the landlord requiring any damages to the property or items on the inventory to be made good.

-The landlord may recover posession of the Room and the tenancy will come to an end (subject to any statutory provisions) and the tenancy will come to an end (subject to any other rights or remedies the landlord may have) if any time:

a. Any Rent or any part of the Rent payable under this agreement is outstanding for 14 days after becoming due (whether formally demanded or not); or
b. There is a breach by the Tenant of any obligation or other provision of this agreement; or
c. The Tenant becomes bankrupt


There is not a part mentioning the notice period on neither side. Basically there is not a term describing how one can get out of the lease unless you breach the contract !

athtrasna

eriepeking wrote: »

I see many asking about the lease.

The terms that related with this topic that i have on the lease are:

-Tenant accepts that it is not rntitled to end this Agreement before the end of thr Term
-To immediately comply with any notice that may be given by the landlord requiring any damages to the property or items on the inventoru to be made good.

-The landlord may recover posession of the Room and the tenancy will come to an end (subject to any statutory provisions) and thr tenancy will come to an end (subject to any other rights or remedies the landlord may have) if any time:

a. Any Rent or any part of the Rent payable under this agreement is outstanding for 14 days after becoming due (whether formally demanded or not); or
b. There is a breach by the Tenant of any obligation or other provision of this agreement; or
c. The Tenant becomes bankrupt


There is not a part mentioning the notice period on neither side. Basically there is not a term describing how one can get out of it unless you breach the contract !

Proof positive that you should not handcuff yourself in this way. You have given the licensee rights they are not entitled

eriepeking

athtrasna wrote: »

Any update OP?

Updates is she and her friend now wants to move out before christmas on an agreed date and find a replacement that meets our requirements and satisfy everyone else left in the house. ( believe me i ll carefully select this time)

But they r already 2 days behind the rent. So if you can see my previous post and the term. I think this might happen first.

I think there is a chance she coming back to me saying she regrets about whole thing again and try to talk to my husband and negotiate. But i ve told my husband to keep complete silence with them. Meanwhile, she seems all quiet down a lot.

eriepeking

athtrasna wrote: »

Proof positive that you should not handcuff yourself in this way. You have given the licensee rights they are not entitled

Which is ????

eriepeking

Funky G wrote: »

Sounds like your "tennant" is away with the fairies. Maybe she'll fly out as she seems to want to want her window kept open 24/7

Tell her the window can't be left open 24/7 - insurance reasons. No need to provide proof. Insurance companies - 123.ie - dont even allow you to keep a key in on the other side of the door in case someone uses a side window to break in. Imagine what could happen when you tell them well, the bedroom window of my lodger's room was open.....

Tell her to clean up after herself, floors etc, - she is renting a room, not staying in a hotel.

As for the emergency number, just call your phone company and get her number barred from ringing you.

As a live in landlord she can spout up all she wants. Just tell her to move out, give her a weeks notice, return deposit if all is ok with the room and change the locks. You've documented enough in case she does something. My inkling thinks she won't do anything.

Simples.

Very helpful advise on the insurance! She has now kept her window closed and opens when she s around.

Yesterday, my husband and i came home found out the door was not locked and there s no one home!! Text both her and her friend saying please have it locked at all times. Both replied saying no problem and one confessed it was her and apologised.

Fingers crossed no more drama between now and christmas ( i.e. the agreed time they move out)

salamanca22

eriepeking wrote: »

Hi All,

I did some research and found this, which is quite helpful in terms of how many notice period shall I issue. Thoughts? May be doesn't apply to me because i m under a rent-a-room situation?

lawyer.ie/property/ending-your-tenancy

7. Lesser Notice Periods by Landlords and Tenants

(a) Only 7 days notice need be given by a landlord to a tenant where the termination notice results from serious anti-social behaviour by the tenant or behaviour that is threatening to the fabric of the property or the property containing it.

(b) Only 7 days notice need be given by the tenant to the landlord where the reason for the termination is that the behaviour of the landlord poses an imminent danger of serious injury or death or danger to the fabric of the property or the property containing the property.

(c) Otherwise the normal notice period for terminating a tenancy by reason of non-compliance with tenancy obligations is 28 days for both landlords and tenants where the failure has been notified in writing and not remedied within a specified period.

(d) Where the breach of the tenant’s obligations is a failure to pay the amount of rent due, a termination notice may only be served following the written notification by the landlord to the tenant of the amount owing and the rent still being owed 14 days after that notification is received.

(e) Landlords and tenants are free to agree a lesser notice period than those specified in the Act. However, such an agreement may only be entered into at or after the time that one of the parties indicates to the other the intention to terminate the tenancy. It is not, for example, legal to agree to a shorter notice period at the time the tenancy is being first entered into.

None of that applies to you as you are not a landlord and you do not have tenants.

You will either have to play out your contract or turf them out and hope for the best when it comes to the court date if they so wish to file a claim against you.

Does your contract have a start and an end date out of interest OP?

The_Morrigan

eriepeking you are not a landlord and the people in your house are not tenants - stop reading up on tenancy law, you are just getting yourself tied up in knots with laws, rights & obligations that are not applicable to your situation.

Right now the only thing that is applicable to your situation is the lease agreement that you put in place - you have to adhere to the terms in that.

Next time you get someone in under the rent a room scheme, do not put a contract in place and follow the rules of that scheme.

eriepeking

salamanca22 wrote: »

None of that applies to you as you are not a landlord and you do not have tenants.

You will either have to play out your contract or turf them out and hope for the best when it comes to the court date if they so wish to file a claim against you.

Does your contract have a start and an end date out of interest OP?

Yes !And that is the whole point of the contract , because i need them to fulfill the contract term instead of just come and go ! In my case i think i have to have a contract.

The_Morrigan

eriepeking wrote: »

Yes !And that is the whole point of the contract , because i need them to fulfill the contract term instead of just come and go ! In my case i think i have to have a contract.

Who drafted that contract?

eriepeking

The_Morrigan wrote: »

Who drafted that contract?

A solicitor friend

The_Morrigan

eriepeking wrote: »

A solicitor friend

The solr should know better!

Yawns

Your solicitor friend is stupid. He should have known better or if he had no clue in that area, he should have sent you to someone more knowledgeable.

eriepeking

The_Morrigan wrote: »

The solr should know better!

What is the best way to do then in my situation where I want to put a fixed term on to this person who is going to rent a room from my house? He/she cant walk out on me or not fulfilling the lease term by simply giving me a notice?

Or i cant bond them at all and only hope they d stay the term they promised ?

eriepeking

Yawns wrote: »

Your solicitor friend is stupid. He should have known better or if he had no clue in that area, he should have sent you to someone more knowledgeable.

I understand not everyone think a contract is a good idea.
But what is the best way to do then in my situation where I want to put a fixed term on to this person who is going to rent a room from my house? He/she cant walk out on me or not fulfilling the lease term by simply giving me a notice?

Or i cant bond them at all and only hope they d stay the term they promised ?