How long to evict tenants?

Browney7

DubCount wrote: »

It is good practice to change locks after each tenancy - on that much we agree.

From the following RTB document - https://onestopshop.rtb.ie/images/uploads/Comms%20and%20Research/Being_a_Good_Tenant_-_a_guide_to_the_Residential_Tenancies_Act.pdf

"An illegal eviction can happen where a landlord, through force, intimidation or otherwise (such as cutting off utilities, changing the locks and so on) denies you access to your rented property or removes your belongings from the property.

If the RTB finds that a landlord has evicted you unlawfully, your landlord may be directed to allow you re-enter the property. The landlord may also have to pay you damages (up to €20,000). This amount will depend on the circumstances of the case."

Not letting them back in may not be an option.

A poster has in the past provided links to the RTB showing small illegal eviction fines which have been offset against arrears and damage etc once a determination order has been issued after tribunal by the RTB that the tenant has to leave the property.

mrslancaster

DubCount wrote: »

It is good practice to change locks after each tenancy - on that much we agree.

From the following RTB document - https://onestopshop.rtb.ie/images/uploads/Comms%20and%20Research/Being_a_Good_Tenant_-_a_guide_to_the_Residential_Tenancies_Act.pdf

"An illegal eviction can happen where a landlord, through force, intimidation or otherwise (such as cutting off utilities, changing the locks and so on) denies you access to your rented property or removes your belongings from the property.

If the RTB finds that a landlord has evicted you unlawfully, your landlord may be directed to allow you re-enter the property. The landlord may also have to pay you damages (up to €20,000). This amount will depend on the circumstances of the case."

Not letting them back in may not be an option.

If a 'LL just decided to cut off utilities, change the locks for no reason or remove all the tenants belongings then that is clearly an illegal eviction.

if a tenant receives a 14 day notice for non payment of rent and then a 28 day notice of termination because rent is still not paid, can the 'LL assume the tenant has left and change the locks on the day after the 28 day notice expires?

Can someone explain how it is an illegal eviction if the tenant has not made any contact with the 'LL and the notices were correct and valid and the tenant has not paid & is occupying the property when they should have left.
Just trying to understand this.

stinkbomb

spaceHopper wrote: »

Late rent 14 days notice to rectify, fail to do that 28 days notice to quit, then change the locks, let them go to the RTB. Where does it say you have to get a determination order, that's if there is a dispute, there's no dispute till they open one.

Even if you lose and have to pay compensation it will be less than 3 years of heart ache. If a tenant knows you are willing to do that then they will have nothing to gain by messing you about.

Never mind the RTB, if you change the locks the tenant can just have them broken open, since they are the ones legally entitled to enter the property, while you are not. You will be the one acting illegally and they can just get right back into the property.

mugsymugsy

laotg wrote: »

I have a female friend. She was going out with a lad for a year and half. She owns her house which he moved into in July 2018. They had a verbal agreement to pay half the mortgage each. They broke up a few weeks ago. She wants him out as it's her house. He's refusing to leave. Can she just boot him out on the street?

Yes he is a licencee. Turf him out and change the locks. If he causes any hassle ring the Garda.