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Previous landlord holding over €2000 in personal belongings of mine, can anyone help?

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  • 21-04-2011 8:06pm
    #1
    Tellox
    Registered Users Posts: 2,680 ✭✭✭


    Sorry to post this on here - and I apologise if these types of posts are unwelcome at all. I was hoping someone on here would be kind enough to help me out with a large problem I've recently run in to.

    To cut a long story very short, around 6 months ago I agreed to move in with someone on a house share basis. Basically, I pay half the month's mortgage, and I get half the house. To be clear, this was in no way meant to be a permanent fixture - things were getting hectic at home, so I was just looking for somewhere to live before I move off for College in Sept. I in no way was "buying out" the mortgage, or anything like that - just renting.

    Staying there was a bit of a nightmare at times - the houseowner smoked a lot of weed (yes, I mean a lot - as in, around €50 worth a day, to himself), and also kept a near terrifying amount of it around the house at all times. Enough to land him with both a nice income on the side, and potentially both of us with a very large prison sentence.

    As things went on, he informed me I was "only renting 1 room" - that I wasn't to have my girlfriend down for more than 2-3 days every few weeks, nor was I to bring any friends around if he was having his kids over.

    On top of this, he also never kept any books - meaning I couldn't claim any rent allowance. Even after buying the said books for him, he simply "put if off".

    With all the above, and not being able to claim rent allowance on what was a very high amount of rent (€380/month), I decided it was time to move out. I gave him 2 weeks notice, and told him I'd obviously pay up for the additional 2 weeks rent.

    Now, cut to today - 12 days down the line. 2 Days ago, I got a text stating I owed almost €500, for the following;

    1) Time the girlfriend stayed in the house. He stated this was €120. There were never any pre-arrangements or anything stated of the sort on my moving in that I'd have to pay anything for having a guest around.

    2) New Electric Blanket and Mattress - He claims there were blood stains on them, and has thrown them out. This would be news to me. The man even called my poor ma' to drive up there and take my clothes out of the house on Monday, and she stated she didn't see any sort of bloodied sheets etc. in my room. He brings this to a total of €150.

    3) He stated he had to clean my room out - considering he did this on Monday wheras I wasn't moving out until Friday, I'm a bit pissed off that he went rummaging through my **** to begin with, when arrangements were already in place for me to clear the place out during the week. Anyway, that's besides the point - he added another €40 to the bill because of this.

    Topped off with this, he also wants half the months rent - which he's making out to actually be a lot higher than it really is, but I'm assuming that's just a mathematical error on his part. In short, in total he wants money that I just don't have - as he's well aware from the chat we had when I left, where I told him I can't afford such expensive accommodation anymore.

    He replied by stating that he will be keeping my guitars (custom built and modified by myself over the course of 5 years - valued at around €800 each), and my HDTV (€600), until the above sum is paid in full. On top of this, he's stated that it's an additional days rent for every day I don't have the money.

    It goes without saying that I don't have that sort of cash - especially when the number rises by the day. Do I have any legal rights here at all? Or am I stuck?


Comments

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    #2
    matrim
    Registered Users Posts: 7,515 ✭✭✭matrim


    He has no right to keep any of your things. The way I see it you have 2 choices.

    1) Tell him you are calling the Garda if you don't get your things back tomorrow.
    2) Call the Garda now and report him for theft. Then have them just show up at the house.


  • Options
    #3
    Tellox
    Registered Users Posts: 2,680 ✭✭✭Tellox


    matrim wrote: »
    He has no right to keep any of your things. The way I see it you have 2 choices.

    1) Tell him you are calling the Garda if you don't get your things back tomorrow.
    2) Call the Garda now and report him for theft. Then have them just show up at the house.

    Thanks for the reply :)

    This was actually the first thing on my mind - but the fact that he keeps so much weed around his house (don't get me wrong, I couldn't care less if anyone smokes it - just I dont really like living in a house where there's enough weed to get us both in a serious amount of legal trouble), I don't really want the gardai to walk in and see the amount he has.

    Not that I feel like I owe him any favors - moreso because he has 2 kids in around the house, and as much as he's ****ed me about, I don't really want to see his kids removed from his custody, nor him behind bars.


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    #4
    234
    Registered Users Posts: 1,529 ✭✭✭234


    If it's just cannibas for personal use then he won't be going to prison. As you said you owe him no favours. Calling the gardai is easier than paying for a solicitor to write him letters which he will ignore. Call him first and try to sort things out before you bring the gardai into it.


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    #5
    Teyla Emmagan
    Registered Users Posts: 5,641 ✭✭✭Teyla Emmagan


    Yes, call him first. Use it as leverage to get your stuff back. He might throw it all out but from what you said he's got a pretty big habit, he's hardly likely to be able to go clean forever. The thoughts of the boys in blue turning up on his door unannounced for the rest of his life should be enough to scare him.

    That's insane though!! What a story. I don't know why anyone would act like this, especially with all that 'adding stuff to your bill' madness. Talk about hard neck.

    Poor you, must all be very stressful. He has really behaved very badly.

    I wonder if he's declaring that income under the rent a room scheme? Doesn't sound like he's reached the 10k mark in your case but if he regularly rents out rooms asking him if he's declaring the income to Revenue might also put pressure on him. He possibly isn't if he won't fill out a rent book etc.


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    #6
    Tellox
    Registered Users Posts: 2,680 ✭✭✭Tellox


    234 wrote: »
    If it's just cannibas for personal use then he won't be going to prison. As you said you owe him no favours. Calling the gardai is easier than paying for a solicitor to write him letters which he will ignore. Call him first and try to sort things out before you bring the gardai into it.

    Having €800-1000+ worth of it in your locker? I don't think he'll get away with the personal excuse mate :s

    @Teyla: No, I would strongly doubt he's declaring that money.


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    #7
    234
    Registered Users Posts: 1,529 ✭✭✭234


    Tellox wrote: »
    Having €800-1000+ worth of it in your locker? I don't think he'll get away with the personal excuse mate
    Well was he actually dealing? If not then it would just be personal use regardless of the amount. If your estimate of 50 euro a day is accurate then he would go through that in less that a month.


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    #8
    Tellox
    Registered Users Posts: 2,680 ✭✭✭Tellox


    @234: To be honest this discussion has gotton a little off-course, I'd rather not continue down those roads.

    Now, to get back on topic - he just shot me off a text, stating he's taking ME to court - and the letter will apparently be arriving next week. Which would be strange to begin with, considering he's not aware of where I'm living.

    But in any case - his main point was that he saw a legal advisor, and apparently the rules are completely different if you're actually living with your landlord. He's stated he's not required to keep any books, nor sign any tenants agreement, and that my property is his once I bring it inside his home. And in short, he can charge me whatever he wants.

    Can anyone shed some light on this? What should I do from here? Pay up, Contact a solicitor, or contact the Gardai?


  • Options
    #9
    sesna
    Banned (with Prison Access) Posts: 1,229 ✭✭✭sesna


    Tellox wrote: »
    @234: To be honest this discussion has gotton a little off-course, I'd rather not continue down those roads.

    Now, to get back on topic - he just shot me off a text, stating he's taking ME to court - and the letter will apparently be arriving next week. Which would be strange to begin with, considering he's not aware of where I'm living.

    But in any case - his main point was that he saw a legal advisor, and apparently the rules are completely different if you're actually living with your landlord. He's stated he's not required to keep any books, nor sign any tenants agreement, and that my property is his once I bring it inside his home. And in short, he can charge me whatever he wants.

    Can anyone shed some light on this? What should I do from here? Pay up, Contact a solicitor, or contact the Gardai?

    He is right about rules being different when you live with the landlord. It's why you should never rent in an owner-occupied property. You dont have normal tenancy rights as laid out in residential tenancy law.

    That said, it does not give him the right to invent bs charges, keep your belongings, or "charge you whatever he wants". I'd call the guards and report him for theft. Let him send a legal letter if he wants.


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    #10
    daddydick
    Registered Users Posts: 407 ✭✭daddydick


    Ring him, tell him you're calling the Gardai unless he gives you all your belongings back immediately.

    If he refuses, call down to the Gardai and fill them in on the whole story.

    Hopefully they will rumble his stash also

    Best of luck.


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    #11
    [Deleted User]
    Posts: 18,749 ✭✭✭✭ [Deleted User]


    tell him you have got legal advice, you are ringing the gardai, to report him for stealing your stuff.

    see him run to give you your stuff and run away with his weed!!!:D


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    #12
    Tellox
    Registered Users Posts: 2,680 ✭✭✭Tellox


    Thanks for the advice all.

    I'll be giving the gardai a bell tomorrow to see what can be done about this. I'll provide any updates that arrive with it :)


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    #13
    Teyla Emmagan
    Registered Users Posts: 5,641 ✭✭✭Teyla Emmagan


    Best of luck.


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    #14
    BaronVon
    Registered Users Posts: 1,646 ✭✭✭BaronVon


    http://www.threshold.ie/

    If you call the guards, they might fob you off with it being a civil matter, in which someways it is.

    Just tell them you want their assistance to supervise you removing your property from the house, to prevent a possible breach of the peace, and they should be happy to help you


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    #15
    Tellox
    Registered Users Posts: 2,680 ✭✭✭Tellox


    I contacted the Gardai today, who did indeed tell me it was a Civil matter, but the garda on the other hand was very helpful about it all. They stated that I would be inside the law to head up there and take my stuff back - and if anything were to happen, they would then intervene. They recommended the first course of action however should be to contact my solicitor, or citizens advice on Monday morning.


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    #16
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    Go see a solicitor. Forget about citizens advice. All they will advise is to get a solicitor.


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    #17
    BaronVon
    Registered Users Posts: 1,646 ✭✭✭BaronVon


    Go up and get your stuff, and ask the guards to meet you there, in case your man kicks up. If you believe a breach of the peace may occur, they should be present to prevent it!


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    #18
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Just tell them about the drugs and go up while he is being questioned.


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    #19
    axer
    Registered Users Posts: 5,517 ✭✭✭axer


    If you could get the gardai to wait outside while you picked up your stuff then that would be ideal as he would be sh'itting himself and very co-operative to get you out asap. You could tell him any problems and you will have to call them in. Not sure if they would do that though.


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