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Tenant's notice up, can't contact them, stuff still in property

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  • 02-06-2016 3:21pm
    #1
    HB2002
    Registered Users Posts: 95 ✭✭


    Hi, my tenant gave me a months notice ( which was up yesterday ) but still has a lot of her stuff in the house and the house is in a pretty bad condition, nothing major but needs to be cleaned and an awful lot of stuff there belonging to her.

    My question is.... what do I do with all her stuff?!
    Am I entitled to throw it all out?
    There are clothes and documents some pictures... stuff I'm sure she would want. But I can't contact her.... and I can't get the keys back from her either!

    :confused:


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    #2
    bassey
    Registered Users Posts: 936 ✭✭✭bassey


    If it was her that gave the notice and you definitely can't get in touch with her then I'd imagine you can just bin bag all her stuff and leave it somewhere for her to collect then change the locks


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    #3
    newacc2015
    Closed Accounts Posts: 2,379 ✭✭✭newacc2015


    bassey wrote: »
    If it was her that gave the notice and you definitely can't get in touch with her then I'd imagine you can just bin bag all her stuff and leave it somewhere for her to collect then change the locks

    He can't. That is an illegal eviction. I would give them a few more days. I would start a paper trail ie try texting and emailing the tenant. I imagine you will get a response pretty quickly


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


    Split to own thread. Mod


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    #5
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    newacc2015 wrote: »
    He can't. That is an illegal eviction. I would give them a few more days. I would start a paper trail ie try texting and emailing the tenant. I imagine you will get a response pretty quickly

    The tenant isn't being evicted, she gave the notice, that notice is up, she is not in the property and cannot be contacted. She has not informed the op that she has changed her mind and is refusing to leave. As far as the op is concerned, she is gone and the stuff has been abandoned.

    Op gather up the stuff assp, store it in the garage and change the barrels in the locks asap. If she comes back explain that you didn't know if the stuff was abandoned/to be disposed of, but you stored it for a few days just in case and you won't charge her. This is not an illegal eviction, you can say that as far as you knew, she had moved out on the date she informed you she would be, your phone log will show you tried to contact her.


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    #6
    GerardKeating
    Registered Users Posts: 7,661 ✭✭✭GerardKeating


    HB2002 wrote: »
    Hi, my tenant gave me a months notice ( which was up yesterday ) but still has a lot of her stuff in the house and the house is in a pretty bad condition, nothing major but needs to be cleaned and an awful lot of stuff there belonging to her.

    My question is.... what do I do with all her stuff?!
    Am I entitled to throw it all out?
    There are clothes and documents some pictures... stuff I'm sure she would want. But I can't contact her.... and I can't get the keys back from her either!

    :confused:

    If you do decide to pack up her stuff, make sure you have a witness and document what you store.


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    #7
    Claw Hammer
    Registered Users Posts: 6,239 ✭✭✭Claw Hammer


    The tenant hasn't surrendered possession so technically is still the tenant. The presumption of abandonment doesn't arise for 28 days.


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    #8
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Claw Hammer wrote: »
    The tenant hasn't surrendered possession so technically is still the tenant. The presumption of abandonment doesn't arise for 28 days.

    Have you a link for this in a case where the tenant gave notice and cannot be contacted after the end to the tenancy?

    Does that not apply where the tenant abandons the property during the tanancy?


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    #9
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    davo10 wrote: »
    Have you a link for this in a case where the tenant gave notice and cannot be contacted after the end to the tenancy?

    Does that not apply where the tenant abandons the property during the tanancy?

    http://www.irishstatutebook.ie/eli/2004/act/27/section/37/enacted/en/html#sec37


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    #10
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    4ensic15 wrote: »
    http://www.irishstatutebook.ie/eli/2004/act/27/section/37/enacted/en/html#sec37

    At the risk of drawing you into another one of your arguments where you claim to know the relevant law but actually don't, what has the link above got to do with the op's situation where a tenant has given notice and is now no where to be seen?


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    #11
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    davo10 wrote: »
    At the risk of drawing you into another one of your arguments where you claim to know the relevant law but actually don't, what has the link above got to do with the op's situation where a tenant has given notice and is now no where to be seen?

    It deals with the situation where a tenant has given notice and gone. The key issue is whether or not the rent is in arrears. There was a landlord in Galway a few years ago who did not hear from a tenant for months, got no rent for months and went into the apartment and moved out the tenants gear. He ended up being fined €1500 when the tenant appeared.


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    #12
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    4ensic15 wrote: »
    It deals with the situation where a tenant has given notice and gone. The key issue is whether or not the rent is in arrears. There was a landlord in Galway a few years ago who did not hear from a tenant for months, got no rent for months and went into the apartment and moved out the tenants gear. He ended up being fined €1500 when the tenant appeared.

    Please provide a link to that case that shows that the tenant had given notice.

    That statue deals with the termination of part 4 tenancy where the tenant is in arrears, it does not refer to a situation where the tenant has given notice of termination and is no longer contactable.

    I can see this is heading in the usual direction when you start referencing incorrect legal statutes. The link you posted actually refers to the tenancy being deemed terminated by the tenant (that'll be the small writing on the left hand side) not continuing.


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    #13
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    davo10 wrote: »
    Please provide a link to that case that shows that the tenant had given notice.

    That statue deals with the termination of part 4 tenancy where the tenant is in arrears, it does not refer to a situation where the tenant has given notice of termination and is no longer contactable.

    I can see this is heading in the usual direction when you start referencing incorrect legal statutes.

    The tenant gave notice but did not give up possession. The question is when can the tenancy be deemed to have been terminated. If the tenant has not given back the keys how can she be deemed to have vacated. The o/p needs certainty.


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    #14
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    4ensic15 wrote: »
    The tenant gave notice but did not give up possession. The question is when can the tenancy be deemed to have been terminated. If the tenant has not given back the keys how can she be deemed to have vacated. The o/p needs certainty.

    You got that from the link you posted? I don't see it, in fact that link outlines the circumstances under which the op can take it that the tenant is deemed to have ended tenancy.

    The tenant gave notice, ended the tenancy, is now non contactable and appears not to be at the property. Nothing I can find says the op has to wait any particular period of time before bagging the abandoned belongings, as far as the op knows the tenant is gone as per the notice to vacate.


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    #15
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    davo10 wrote: »
    You got that from the link you posted? I don't see it.

    The tenant gave notice, ended the tenancy, is now non contactable and appears not to be at the property. Nothing I can find says the op has to wait any particular period of time before bagging the abandoned belongings, as far as the op knows the tenant is gone as per the notice to vacate.

    The tenant has not given back the keys. The issue is - has the tenant given up possession?


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    #16
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    4ensic15 wrote: »
    The tenant has not given back the keys. The issue is - has the tenant given up possession?

    What has that got to do with the link you provided? How long do you think a LL is REQUIRED to wait before clearing the property and have you anything to back it up? The op has the notice of termination given by the tenant and a specific date on which the tenant wants to end the lease.


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    #17
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    davo10 wrote: »
    What has that got to do with the link you provided? How long do you think a LL is REQUIRED to wait before clearing the property and have you anything to back it up? The op has the notice of termination given by the tenant and a specific date on which the tenant wants to end the lease.

    The tenant hasn't given back the keys, therefore the LL must rely on a deemed termination. What you are saying is that the LL can assume a termination. You have provided no link for you proposition. . I have linked the circumstances in which a tenancy has been deemed to have been terminated. At one extreme the o/p might have to initiate an overholding dispute with the PRTB and get a determination order in order to cover himself from an accusation of illegal eviction. taking possession when the tenants goods are still present leaves the o/p open to a claim when the tenant suddenly appears and lodges a claim for illegal eviction.


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    #18
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    4ensic15 wrote: »
    The tenant hasn't given back the keys, therefore the LL must rely on a deemed termination. What you are saying is that the LL can assume a termination. You have provided no link for you proposition. . I have linked the circumstances in which a tenancy has been deemed to have been terminated. At one extreme the o/p might have to initiate an overholding dispute with the PRTB and get a determination order in order to cover himself from an accusation of illegal eviction. taking possession when the tenants goods are still present leaves the o/p open to a claim when the tenant suddenly appears and lodges a claim for illegal eviction.

    Ok. The op has a notice of termination. That part is simples. There has been no correspondance from the tenant to say he/she is staying, that part is simples. The tenant is no longer at the property, that part is simples. Are you saying there is no reference in the RTA that states that a tenant can end a Part4/ fixed term tenancy by giving the required notice? Seriously?

    The op isn't "assuming termination", the tenant actually terminated the tenancy by giving notice. I'm sorry I took the bait.


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    #19
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Mod note

    Legal advice is not permitted on boards and to and fro between posters is actively discouraged. Take it to pm please if you want to continue this "conversation"


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