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How to get tenant to leave

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  • Registered Users Posts: 1,150 ✭✭✭airy fairy


    And even before 6 months, before part 4 kicks in, in our case 4 months (3 months non payment at that stage), we still couldn't remove the tenant for over a year. The part 4 kicked in after 6 months even though we had rtb notified of non payment, he had all his rights with bells on. Doing it all legally and above board gives diddly all protection to the LL.



  • Registered Users Posts: 1,796 ✭✭✭Large bottle small glass


    The contract doesn't matter if the tenant overholding is not a mark for suing.

    I've been renting two different houses since 2007 and I've never had an issue with tenants. Part of that reason is luck but a lot is ensuring tenant is a mark; be that land ownership, house elsewhere or a good job he/she won't be running from.

    Not always possible of course.

    I always ask for 2 months rent as a deposit and a month in advance, so they have so skin in the game. Not always popular but there you go.

    I'll be finished with in all in July thankfully



  • Registered Users Posts: 1,811 ✭✭✭mrslancaster


    Agree.

    Edited my previous post to add that I know someone who paid a tenant to leave recently. He agreed to it when he gave notice and it worked for him to get his property back quickly. It suited the tenant too as they had a bit of money to help with moving costs.

    Post edited by mrslancaster on


  • Registered Users Posts: 172 ✭✭sudocremegg


    Sadly, with pretty much nowhere to rent for a vast amount of workers in this country, I can understand why people would refuse to leave. If my LL gave me notice in the morning I'd probably take the stance and refuse because it's either that or homelessness.



  • Registered Users Posts: 434 ✭✭tooka


    there are a couple options open for getting unwelcome tenants out

    I always get a personal and employer reference before I accept a tenant, comes in handy just in case I need leverage

    but my advise to all small part time landlords is either expand and buy more properties or sell up while the market is good and leave the game.

    being a landlord is a full time game for professionals only



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  • Posts: 1,169 ✭✭✭ [Deleted User]


    If you knew that you would be fined a four to five figure sum for refusing to leave would you still do it?



  • Registered Users Posts: 1,811 ✭✭✭mrslancaster


    That would prevent a lot of the messing ok but our legislators think its only landlords who break the rules and tenants are faultless.



  • Registered Users Posts: 2,338 ✭✭✭Bit cynical


    Sorry it was the use of the word "scum" in your post that set me off. Another thread here: https://www.boards.ie/discussion/2058246851/becoming-homeless-with-full-time-job#latest where tenants have been asked to leave and are wondering what their options are to avoid homelessness. Although the landlord, in this particular case, has a right to sell his property, I would not call the starter of that thread scum because the tenants are trying hang on to their home.



  • Registered Users Posts: 25 Yoshimi79


    Do you know any tough looking dudes? I'd pay them to go into the house with a couple of baseball bats and get the scummy tenants out, and never mind all that paperwork rubbish



  • Moderators, Politics Moderators Posts: 39,714 Mod ✭✭✭✭Seth Brundle


    Would people stop with the stupid and illegal ideas of us8ng threats and violence & intimidation?

    This stupid behaviour will just land the OP in trouble and weaken any likleihood of a quick or cheap win.



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  • Registered Users Posts: 25 Yoshimi79


    So you think it'll be cheap and quick going the legal route? It's already been 3 months since they were to leave



  • Registered Users Posts: 552 ✭✭✭De_man


    Hi it’s over 50% tax when you take USC and associated charges into account

    Any person thinking of becoming a private landlord needs their head examined



  • Registered Users Posts: 3,640 ✭✭✭...Ghost...


    It would be a scummy move to overhold. The op said the tenants were given 5 other property options.

    Stay Free



  • Registered Users Posts: 2,338 ✭✭✭Bit cynical


    The OP said the tenants were shown other properties by a friend who worked in a letting agency. But that is not the same as being offered those properties. The landlords of those properties would have final say on that.



  • Registered Users Posts: 3,640 ✭✭✭...Ghost...


    Splitting hairs. The tenants said no and gave excuses. Different story if they had said "yes, as long as LL of other property accepts".

    Stay Free



  • Registered Users Posts: 2,338 ✭✭✭Bit cynical



    I would doubt though that the tenants were given five confirmed alternative offers which they turned down. If they were, of course, then the advice to them would be to take one of them as they will eventually lose their current address. But I suspect they were offered a viewing of five other properties where they would still be competing with other prospective tenants.



  • Registered Users Posts: 3,640 ✭✭✭...Ghost...


    Your doubts and suspicions are irrelevant. We can only go from what the op said. With the EA in the friends pocket however, it's more reasonable to lend weight to the assumption that the tenants would have been able to have their choice of the 5 properties suggested given the influence the EA has in the rental of the properties. The fact remains according to the op that the tenants pointedly refused these properties in favour of their preference to illegally overhold.

    Stay Free



  • Moderators, Politics Moderators Posts: 39,714 Mod ✭✭✭✭Seth Brundle


    I previously said that it would be a long and costly process but your suggestion of hiring thugs to get the tenants out of a property to which they have legal protection to will more than likely end up with the OP on some intimidation or violence charge and will simply delay the legal process because it is unlikely to get the tenants out.



  • Registered Users Posts: 6,897 ✭✭✭amacca


    And in fairness I'd be worried about the heavies smashing the property up if they didn't decide to stay in it themselves.......I wouldn't be advocating that just as much as I wouldn't be advocating paying people off with "relocation" money as a reward for breaking an agreement ....even if it would be the lesser of two evils.....if bullshit like that starts to take hold it will be expected.



  • Registered Users Posts: 6,897 ✭✭✭amacca


    From my reading of the first page the landlord seems to be acting in a less than honorable manner there. My comments are from the perspective of doing it right and still having tenants mess around, overhold, not pay, do damage.....and the process to remedy this taking way too long and be completely unsatisfactory (to the point where it nearly encourages this behaviour).....



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  • Registered Users Posts: 86 ✭✭Barbosa92


    If I was a landlord who had tenants not paying rent for let’s say 3 months. I then decide to take the law in to my own hands. Enter the property illegally, remove front and back doors, windows and anything that would make the place unliveable forcing the tenants to leave. What would be the likely punishment to me as a landlord? Would I be financially worse off then dealing with non paying tenants for c.3yrs?



  • Moderators, Politics Moderators Posts: 39,714 Mod ✭✭✭✭Seth Brundle


    Once you rent out the place, you have no entitlement to enter at will. In the same manner, you have no entitlement to smash the place up or intimidate people - all this will probably do is leave you with a criminal record after the tenants call the gardai. It will also leave your formal application to evict them with the balance of power moved further to the tenants side



  • Registered Users Posts: 68,760 ✭✭✭✭L1011


    The next person to even hint at illegal actions is getting two points, not one.



  • Registered Users Posts: 11,192 ✭✭✭✭B.A._Baracus


    That's annoying.

    Urgh. I hate people like that. You're only bleeding rent the place so GTFO. You don't own and all it was was a business arrangement so time to move out.


    The entitlement of some people.



  • Registered Users Posts: 2,338 ✭✭✭Bit cynical


    It should be noted however that the tenants in the OP are still paying rent.



  • Registered Users Posts: 3,991 ✭✭✭spaceHopper


    In Ireland, you would get taken to court by the RTB on behalf of the tenant and probably told to compensate them. If you did the reverse to them and went after them for unpaid rent or damage they wouldn't pay and you might get a fiver a week from their Social Welfare.

    It's best to not use Daft and use word of mouth to avoid dealing with risky tenants, you basically have references up front



  • Registered Users Posts: 117 ✭✭YipeeDee


    Feel sorry for your relative, sounds like they’re rightly screwed unfortunately.

    And people wonder why small LL’s are leaving the market and / or opting out of renting out their property at all.

    The law is stacked in favour of the tenant. They can draw this thing out as long as they like with no repercussions at all.

    Only course of action I can see, would be to go through the very long process by the book.

    Your relative is learning a hard lesson, it’s safer to leave their home idle than gamble on renting it out.

    You’ve very little chance of being able to get your property back when you need it, without a long, drawn out fight.



  • Registered Users Posts: 95 ✭✭Toby22


    Hi, an update, tenants leaving next week, moving to a hotel, HAP payments continue. Family member so relieved



  • Registered Users Posts: 95 ✭✭Toby22


    havent been online in a while, so just to answer regarding turning down other properties, it never went as far as LL refusing. Tenants refused to even consider them.



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  • Registered Users Posts: 95 ✭✭Toby22


    Hi, with regard to references, was talking to a friend last night who rents an apartment. She had rented to a guy with a work reference from a well known IT company, he left owing large bills. She contacted said company and was reimbursed



This discussion has been closed.
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