Evicting guest/caretaker

runawaybishop

EddieSteele wrote: »

Well I swear it was the RTB. I took screenshot of the conversation. The agent's name was Susan if that can help,
I explained she needs to leave the property in 28 days so basically in the 5th of March. But that if she still having an antisocial behavior I will give her 7 days notice (well she does'nt care as she still inviting friends over)

7 days is generous imo given that behaviour, anyway, if she doesn't move out you will have to change the locks when she nips to the shops. It's that or tell the gardai she is trespassing and it could go either way if they will help you.

Still don't know why rtb are mentioning small claims, I don't see how that helps in any way.

EddieSteele

runawaybishop wrote: »

7 days is generous imo given that behaviour, anyway, if she doesn't move out you will have to change the locks when she nips to the shops. It's that or tell the gardai she is trespassing and it could go either way if they will help you.

Still don't know why rtb are mentioning small claims, I don't see how that helps in any way.

I have contacted a free legal advisor. He will come back to me. I was thinking about changing the locks and my landlord says it is ok, but we clearly don't know if it is legal.

runawaybishop

EddieSteele wrote: »

I have contacted a free legal advisor. He will come back to me. I was thinking about changing the locks and my landlord says it is ok, but we clearly don't know if it is legal.

If she is a licensee, and it seems she is, then she is literally a guest and has no rights. Whatever happens you will need to make it crystal clear her behaviour is unacceptable.

EddieSteele

runawaybishop wrote: »

If she is a licensee, and it seems she is, then she is literally a guest and has no rights. Whatever happens you will need to make it crystal clear her behaviour is unacceptable.

She already knows I confronted her so many times. I was asking to have an adult conversation with her, she refuses everything. She is laughing about the situation. The walls are very thin and I can hear what she says to her friend about the situation. She used to party hard but not this is beyond everything...Also, the person who is in charge of the lease in the agency is on annual leave for a week...

runawaybishop

EddieSteele wrote: »

She already knows I confronted her so many times. I was asking to have an adult conversation with her, she refuses everything. She is laughing about the situation. The walls are very thin and I can hear what she says to her friend about the situation. She used to party hard but not this is beyond everything...Also, the person who is in charge of the lease in the agency is on annual leave for a week...

With respect, you have been told your options. You need to follow through or nothing will change. Good luck.

RobbieMD

runawaybishop wrote: »

7 days is generous imo given that behaviour, anyway, if she doesn't move out you will have to change the locks when she nips to the shops. It's that or tell the gardai she is trespassing and it could go either way if they will help you.

Still don't know why rtb are mentioning small claims, I don't see how that helps in any way.

You can tell the Gardaí she is trespassing, but in the criminal context of trespass, this certainly doesn’t qualify.

EddieSteele

runawaybishop wrote: »

With respect, you have been told your options. You need to follow through or nothing will change. Good luck.

My friend will install a lock in my room so at least I will feel safe in case I had to wait for the Guards to come in. I wish good luck to the person who will have her as a tenant... She has been asked to leave once from a her previous landlord...

EddieSteele

RobbieMD wrote: »

You can tell the Gardaí she is trespassing, but in the criminal context of trespass, this certainly doesn’t qualify.

This is what I thought... Also when I talked about the drugs problem she has to my landlord (I just mentioned weed) she told me to contact the garda at the last resort...

Ginger83

Next time she leaves the house change the locks. You said the landlord agrees with this.

When the locks are changed ring her and tell her not to come back. You can organise for her to collect her stuff another time but make sure you have witnesses there.

If she returns to the house ring the gardai and tell them she is trespassing and attempting to break in. When the gardai come out make sure you have your rent contract to show them.

EddieSteele

Ginger83 wrote: »

Next time she leaves the house change the locks. You said the landlord agrees with this.

When the locks are changed ring her and tell her not to come back. You can organise for her to collect her stuff another time but make sure you have witnesses there.

If she returns to the house ring the gardai and tell them she is trespassing and attempting to break in. When the gardai come out make sure you have your rent contract to show them.

That sounds like a good thing to do. Thanks very much to everyone who provided me some advice here. That cheers me up a little bit.

Ginger83

EddieSteele wrote: »

That sounds like a good thing to do. Thanks very much to everyone who provided me some advice here. That cheers me up a little bit.

Good luck with it and it would be a good idea to have a witness there when you change the locks and do not open the door if you are alone or if she is alone.

EddieSteele

Ginger83 wrote: »

Good luck with it and it would be a good idea to have a witness there when you change the locks and do not open the door if you are alone or if she is alone.

I have already told the agency that my friend will install a locker. However, they told me they need the confirmation of my landlords to change the lock of the apartment and also told me the charge will be on me.

runawaybishop

EddieSteele wrote: »

I have already told the agency that my friend will install a locker. However, they told me they need the confirmation of my landlords to change the lock of the apartment and also told me the charge will be on me.

You shouldn't have to pay to get locks changed for security purposes. I'd push back on that one.

Ginger83

EddieSteele wrote: »

I have already told the agency that my friend will install a locker. However, they told me they need the confirmation of my landlords to change the lock of the apartment and also told me the charge will be on me.

If this girl has no rent contract and her name is not on your rent contract then she is not a tenant.

Why do you need to pay an agency? This is very simple. If you can change the locks yourself then do it. You said you already have the landlord's permission so just make sure you give the landlord a new key.

EddieSteele

Ginger83 wrote: »

If this girl has no rent contract and her name is not on your rent contract then she is not a tenant.

Why do you need to pay an agency? This is very simple. If you can change the locks yourself then do it. You said you already have the landlord's permission so just make sure you give the landlord a new key.

Now the landlord is going through an agency for the apartment. Sorry I should have explained better

Ginger83

EddieSteele wrote: »

Now the landlord is going through an agency for the apartment. Sorry I should have explained better

Yes ok so if the girl is not a tenant and you have the landlord's permission to change the locks just make sure to give the landlord and the agent a new key.

EddieSteele

Ginger83 wrote: »

Yes ok so if the girl is not a tenant and you have the landlord's permission to change the locks just make sure to give the landlord and the agent a new key.

Will do I hope she will leave and left all this nightmare behind me

K.Flyer

Seeing as this is a legal discussion thread my question is what authority does this poster have to take it upon themselves to kick out another person living in the same property?
From how I read it they are both licencees and there is an agency dealing with the letting.
If this poster is going to change the locks they must have clear written permission from the landlord authorising them to do so.
As there is nothing wrong with the lock per-se then the cost should be covered by the person requesting the lock to be changed.
I would think that it is up to the agent or landlord to deal with the problem occupier as any agreements are between them.
Unless the problem person is subletting from the poster could this "eviction" being undertaken by the poster not land them in legal trouble as they have no legal authority to give notice to vacate / evict and that is why they were advised to get legal advise from a solicitor?

jimmycrackcorm

K.Flyer wrote: »

Seeing as this is a legal discussion thread my question is what authority does this poster have to take it upon themselves to kick out another person living in the same property?
From how I read it they are both licencees and there is an agency dealing with the letting.
If this poster is going to change the locks they must have clear written permission from the landlord authorising them to do so.
As there is nothing wrong with the lock per-se then the cost should be covered by the person requesting the lock to be changed.
I would think that it is up to the agent or landlord to deal with the problem occupier as any agreements are between them.
Unless the problem person is subletting from the poster could this "eviction" being undertaken by the poster not land them in legal trouble as they have no legal authority to give notice to vacate / evict and that is why they were advised to get legal advise from a solicitor?

I think the poster is being paid rent by the other person who is not on the lease and has no connection to the owner of the property. Therefore that person is a licensee and can be removed as long as some sort of notice is given.

jimmycrackcorm

runawaybishop wrote: »

You shouldn't have to pay to get locks changed for security purposes. I'd push back on that one.

The landlord could refuse as it's not really a security issue. If the front door has typically more than one lock then only one needs to be changed - the cheapest one.

K.Flyer

jimmycrackcorm wrote: »

I think the poster is being paid rent by the other person who is not on the lease and has no connection to the owner of the property. Therefore that person is a licensee and can be removed as long as some sort of notice is given.

That would be straightforward, but I don't see where the poster said that, so why did rtb advise speaking with a solicitor first.
Or, could it be that the poster is a nominated person to gather up the monies that are due, but both of them are in equal standing regarding their tenancy status.
I'm only asking because given our compo culture this person could land themselves in a lot of trouble if what you are saying is not the case and they lock the other person out.

Ginger83

K.Flyer wrote: »

Seeing as this is a legal discussion thread my question is what authority does this poster have to take it upon themselves to kick out another person living in the same property?
From how I read it they are both licencees and there is an agency dealing with the letting.
If this poster is going to change the locks they must have clear written permission from the landlord authorising them to do so.
As there is nothing wrong with the lock per-se then the cost should be covered by the person requesting the lock to be changed.
I would think that it is up to the agent or landlord to deal with the problem occupier as any agreements are between them.
Unless the problem person is subletting from the poster could this "eviction" being undertaken by the poster not land them in legal trouble as they have no legal authority to give notice to vacate / evict and that is why they were advised to get legal advise from a solicitor?

This person that wants the girl to leave is the tenant with a rent contract. The girl is a licencee and not a tenant.

I would agree with getting written permission.

EddieSteele

Ginger83 wrote: »

This person that wants the girl to leave is the tenant with a rent contract. The girl is a licencee and not a tenant.

I would agree with getting written permission.

Thanks very much to make things clear and yes I am the tenant and I am under contract for almost 7 years now.
The girl I live with pays the rent to me and has no connection with the landlord.
And why I wanna kick her out? it is simple. Would you agree to live with someone who takes hard drugs on a daily basis? Who doesn't care that it is 1 am and starts to put on her music because she slept all day? Having someone who hasn't clean anything for 2 years? Someone who does not care about covid restrictions and keeps inviting people to come over? I asked her friend to leave the apartment and she did a middle finger to me and she keeps coming into the apartment. Because of that, I had to consult a doctor for anxiety and sleep disorder.
Only 24 days before she left the property hopefully

K.Flyer

EddieSteele wrote: »

Thanks very much to make things clear and yes I am the tenant and I am under contract for almost 7 years now.
The girl I live with pays the rent to me and has no connection with the landlord.
And why I wanna kick her out? it is simple. Would you agree to live with someone who takes hard drugs on a daily basis? Who doesn't care that it is 1 am and starts to put on her music because she slept all day? Having someone who hasn't clean anything for 2 years? Someone who does not care about covid restrictions and keeps inviting people to come over? I asked her friend to leave the apartment and she did a middle finger to me and she keeps coming into the apartment. Because of that, I had to consult a doctor for anxiety and sleep disorder.
Only 24 days before she left the property hopefully

Ok, that clears that bit up regarding tenancy.
I would advise you to have your "Plan B" ready to put into place immediately as any notice that you have given is up.
Get your written permission to change any locks now and locks ready to be fitted on the day.
A few reminders to her along the way coming up to end of notice won't go amiss either.
Best of luck.

EddieSteele

K.Flyer wrote: »

Ok, that clears that bit up regarding tenancy.
I would advise you to have your "Plan B" ready to put into place immediately as any notice that you have given is up.
Get your written permission to change any locks now and locks ready to be fitted on the day.
A few reminders to her along the way coming up to end of notice won't go amiss either.
Best of luck.

Sorry If I seemed a bit rude, but it is really complicated for me to deal with it on daily basis. But I just need to be patient about it I guess.
I wish good luck to the next landlord and housemates who will deal with her in the future...

K.Flyer

EddieSteele wrote: »

I wish good luck to the next landlord and housemates who will deal with her in the future...

Hopefully that won't be for you to worry about anymore and you can enjoy a peaceful life with them gone.