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Tenant just moved in and won't pay rent

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  • 14-07-2015 4:22pm
    #1
    Davd
    Registered Users Posts: 138 ✭✭


    A friend of mine rented out out an apartment to a single woman that had paid a deposit and first month's rent and that was the last they have heard form her. They never got the 2nd months rent, will not answer her phone, will not answer the door. Just wondering if there is anything they can do without having to go through the whole eviction process which I understand can take months. I'm not sure how long she has been in there but is there any cooling off period as such when either tenant or landlord can terminate the contract? There is a suspicion of drug involvement but this may be just hearsay...


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    #2
    Mrs OBumble
    Registered Users Posts: 25,967 ✭✭✭✭Mrs OBumble


    Nope, no cooling off periods.

    Start the 14 day letter process.

    Also, if you have any reason to believe there are illegal activities on the property, inform the gardai. Interest from them may move her along faster than the PRTB. OTOH, they may be happier to have her stay because they then know where she is!


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    #3
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Davd wrote: »
    A friend of mine rented out out an apartment to a single woman that had paid a deposit and first month's rent and that was the last they have heard form her. They never got the 2nd months rent, will not answer her phone, will not answer the door. Just wondering if there is anything they can do without having to go through the whole eviction process which I understand can take months. I'm not sure how long she has been in there but is there any cooling off period as such when either tenant or landlord can terminate the contract? There is a suspicion of drug involvement but this may be just hearsay...

    If she is there less than 6 months then your friend can go straight to giving notice and eviction! part of this process will be an inspection to check for damage etc, Write a letter giving a date and time when you are available in about 7 days and inform than that if this time is not suitable they must contact you or you will assume permission has been given for the inspection even if they are not present or do not open the door. Make two copies of this letter, keep one and post the other through the letterbox and then sellotape the other across the door and frame so that anyone entering or leaving will have to see it!

    This will get you inside to examine the premises and then you will have a better idea of what is going on.


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    #4
    Dogowner55
    Banned (with Prison Access) Posts: 149 ✭✭Dogowner55


    Davd wrote: »
    A friend of mine rented out out an apartment to a single woman that had paid a deposit and first month's rent and that was the last they have heard form her. They never got the 2nd months rent, will not answer her phone, will not answer the door. Just wondering if there is anything they can do without having to go through the whole eviction process which I understand can take months. I'm not sure how long she has been in there but is there any cooling off period as such when either tenant or landlord can terminate the contract? There is a suspicion of drug involvement but this may be just hearsay...

    This happened to a friend once the women that rented the place was just a face, a different family of class of people we can't say moved in took over a year to get them out.


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    #5
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    foggy_lad wrote: »
    Write a letter giving a date and time when you are available in about 7 days and inform than that if this time is not suitable they must contact you or you will assume permission has been given for the inspection even if they are not present or do not open the door. Make two copies of this letter, keep one and post the other through the letterbox and then sellotape the other across the door and frame so that anyone entering or leaving will have to see it!
    All the above of posting letter through letter box, sellotaping letter to door, etc, won't hold up in court.

    Send a letter by registered post before you do any of the above, so that they may take the letter. Doing so after, and they'll probably just not sign for the registered letter.


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    #6
    antoinolachtnai
    Registered Users Posts: 9,793 ✭✭✭antoinolachtnai


    It is very important to understand that terminating a lease and evicting a tenant are two very different things. Terminating the lease is not the same as evicting the tenant. Having terminated the lease lawfully does not mean the landlord can then evict the tenant if the tenant does not vacate. You *must* go to PRTB (or possibly in some circumstances, Court) before you take any such action in relation to residential property.


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    #7
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    If the tenant will not open the door and there's no obvious sign of anyone coming and going, you would be within your rights to enter the property out of concern for the safety of the tenant or your property.

    Have a Garda present to be sure.


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    #8
    the goon
    Registered Users Posts: 457 ✭✭the goon


    I recently had to go through the process of trying to terminate a lease/serve notice. I would suggest to follow the PRTB guidelines as if there are any problems, these will be the guys dealing with it. Essentially the steps we had to follow were:

    -Letter to tenant stating rent was in arrears and they had 14 days to make payment.
    -After 14 days, we served notice. It surprised me that we had to afford tenant 14 days to pay rental arrears considering they had no intention of doing so and had stated as much!

    I'd also suggest registering the dispute with PRTB asap, given that they can be slow to take action. If it is resolved in the meantime, you can always cancel it.


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    #9
    spaceHopper
    Registered Users Posts: 3,996 ✭✭✭spaceHopper


    Davd wrote: »
    .....that was the last they have heard form her. They never got the 2nd months rent, will not answer her phone, will not answer the door....

    Go to the cops and tell them you are worried she's missing or dead in the apartment could they go into it with them....

    either she's vanished or she's a hide and seek champion one way to another they'll know.


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    #10
    Mrs OBumble
    Registered Users Posts: 25,967 ✭✭✭✭Mrs OBumble


    spaceHopper wrote: »
    Go to the cops and tell them you are worried she's missing or dead in the apartment could they go into it with them....

    either she's vanished or she's a hide and seek champion one way to another they'll know.

    And in fairness, it's possible that she has died in there and no one's noticed.


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    #11
    sunnysoutheast
    Registered Users Posts: 2,072 ✭✭✭sunnysoutheast


    foggy_lad wrote: »
    If she is there less than 6 months then your friend can go straight to giving notice and eviction!

    If the tenant has a fixed-term lease the landlord can't give notice to terminate the lease under the part IV provisions, unless there is a break clause.

    They can start the termination process for breaking the lease, however, for non-payment of rent.


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    #12
    Davd
    Registered Users Posts: 138 ✭✭Davd


    Thanks guys, after talking to him again e had already started the eviction process and had given notice. Suppose that is why landlords should always insist on references. Just thought it was ridiculous that someone could move in, pay deposit/first months rent and then stop paying, living rent free for as long as the eviction process takes?


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    #13
    IRE60
    Registered Users Posts: 1,881 ✭✭✭IRE60


    Brass Necks


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    #14
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    ^^
    As above, probably does it every time. Play the poor mouth, "Here, ring my mate as a reference", pays the rent upfront and then lives rent free for a couple of months while the eviction process rattles on. With a fully-furnished apartment they really only need two suitcases to carry their stuff around with them.


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    #15
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    seamus wrote: »
    ^^
    As above, probably does it every time. Play the poor mouth, "Here, ring my mate as a reference", pays the rent upfront and then lives rent free for a couple of months while the eviction process rattles on. With a fully-furnished apartment they really only need two suitcases to carry their stuff around with them.
    This. And if they're unemployed with no legit source of income that you can prove, they'll get away with maybe paying you a fiver a month if the PTRB ever finds in your favour. And then you'll have to get a sheriff to evict them, and pray they haven't done a number on your house.


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