Landlord here and refusing to leave

Export · 01-09-2014 1:11pm #1

I'm waiting on the guards.

He broke into the house, him and his 2 accomplices.

He's now sitting on my front doorstep, for the past 45 minutes.

Where do I stand?

seamus · 01-09-2014 1:13pm

Wait for the Gardai. Have him removed and charged with unlawful entry.

snubbleste · 01-09-2014 1:13pm

Export wrote: »

Where do I stand?

Legal discussion -->

Autonomous · 01-09-2014 1:14pm

Have you paid your rent etc?

Export · 01-09-2014 1:15pm

They'll tell me nothing lol

messrs · 01-09-2014 1:15pm

why did he come in ? are you having issues with him? More info needed before proper advice can be given

Oink · 01-09-2014 1:15pm

The guards should tell HIM where to stand pretty quickly, irrespective of all the background info you're not giving here...

segadreamcast · 01-09-2014 1:16pm

Export wrote: »

They'll tell me nothing lol

Eh? Surely you know yourself if you paid your rent?

But, yes, that's not fully relevant. Wait for the Guards. They'll sort it.

Export · 01-09-2014 1:17pm

Autonomous wrote: »

Have you paid your rent etc?

I am in arrears of 290. He issued me with a notice of arrears. Then him and the other 2 heavies came up the stairs into my house. The other 2 have left and are standing outside, but he's sitting on the doorstep preventing me from closing the door.

He was just on the phone to the gardai there, and I could overhear the conversation. Guard was lovely to him lol. He explained he was sitting on the doorstep and she sympathised with him.

Hannibal Smith · 01-09-2014 1:18pm

Wait for the gardai...even if you're in breach of any condition in your lease. ..There are procedures a landlord has to follow. He can't enter the property without notifying you, unless there's an emergency.

Export · 01-09-2014 1:19pm

Well he has already entered it and is now refusing to leave.

messrs · 01-09-2014 1:20pm

Export wrote: »

I am in arrears of 290. He issued me with a notice of arrears. Then him and the other 2 heavies came up the stairs into my house. The other 2 have left and are standing outside, but he's sitting on the doorstep preventing me from closing the door.

He was just on the phone to the gardai there, and I could overhear the conversation. Guard was lovely to him lol. He explained he was sitting on the doorstep and she sympathised with him.

how long ago did he issue you with notice? and how much notice did he give you?
still don't think he should be allowed to break in and sit on door step thought, it should all be followed through the proper channels.
have you rang the guards yourself and given your side of the storey?

Export · 01-09-2014 1:20pm

I am waiting on the guards. Can't do anything else while the ape is in my door!

D3PO · 01-09-2014 1:20pm

maybe provide the full story here rather than a snippet so you can get full advice.

ultimately even if your in arrears he cant enter the property but I think the full story here would allow some better advice be provided to you on the overall situation.

Autonomous · 01-09-2014 1:20pm

You sound like a tool... why all the "lols"
Pay up your rent and cop on.

Landlord is also wrong.

Hannibal Smith · 01-09-2014 1:20pm

Export wrote: »

I am in arrears of 290. He issued me with a notice of arrears. Then him and the other 2 heavies came up the stairs into my house. The other 2 have left and are standing outside, but he's sitting on the doorstep preventing me from closing the door.

He was just on the phone to the gardai there, and I could overhear the conversation. Guard was lovely to him lol. He explained he was sitting on the doorstep and she sympathised with him.

Oh...he gave you notice.

Export · 01-09-2014 1:21pm

messrs wrote: »

how long ago did he issue you with notice? and how much notice did he give you?
still don't think he should be allowed to break in and sit on door step thought, it should all be followed through the proper channels.
have you rang the guards yourself and given your side of the storey?

2 weeks ago, he sent a solicitors letter about being in arrears.
Yes, I rang the guards. About 45 minutes ago.

Export · 01-09-2014 1:21pm

Hannibal Smith wrote: »

Oh...he gave you notice.

He did.

Hannibal Smith · 01-09-2014 1:21pm

Export wrote: »

I am waiting on the guards. Can't do anything else while the ape is in my door!

'Ape'? He's your landlord and you owe him rent.

messrs · 01-09-2014 1:23pm

To be honest I don't know if the guards would come out for this sort of situation - maybe the will but would they not deem this as some sort of 'domestic' and tell ye to sort it out among yourselves.
have you tried to talk with your landlord, agree a time frame when you can pay him back the arrears you owe him?

Export · 01-09-2014 1:24pm

D3PO wrote: »

maybe provide the full story here rather than a snippet so you can get full advice.

ultimately even if your in arrears he cant enter the property but I think the full story here would allow some better advice be provided to you on the overall situation.

In arrears of 290 since 1st August.
Received notice of arrears approx. 2 weeks ago.
Have been in contact with his solicitor since.
Today, I was upstairs at 12.30 and him and a woman and man, opened the door with their keys and came up the stairs and told me to leave.
I told them to leave.
I rang the guards. He has rang the guards.
Still waiting on the guards.

As for the LOLZ, call it a nervous laugh.......

Export · 01-09-2014 1:24pm

Hannibal Smith wrote: »

'Ape'? He's your landlord and you owe him rent.

I don't care if I owe him a million, he can't just break into my home! And then sit there like an ape!

cocoman · 01-09-2014 1:25pm

Export wrote: »

In arrears of 290 since 1st August.
Received notice of arrears approx. 2 weeks ago.
Have been in contact with his solicitor since.
Today, I was upstairs at 12.30 and him and a woman and man, opened the door with their keys and came up the stairs and told me to leave.
I told them to leave.
I rang the guards. He has rang the guards.
Still waiting on the guards.

As for the LOLZ, call it a nervous laugh.......

Could be a while waiting for the guards.

D3PO · 01-09-2014 1:28pm

Export wrote: »

In arrears of 290 since 1st August.
Received notice of arrears approx. 2 weeks ago.
Have been in contact with his solicitor since.
Today, I was upstairs at 12.30 and him and a woman and man, opened the door with their keys and came up the stairs and told me to leave.
I told them to leave.
I rang the guards. He has rang the guards.
Still waiting on the guards.

As for the LOLZ, call it a nervous laugh.......

ok so assuming he provided legitimate notice of arrears his next step must be to issue notice of eviction.

So he is in the wrong, however its hard to have any sympathy for you based on the attitude you seem to regarding your arrears.

do you intend to pay the arrears ? or are you intending on moving out ?

Have you discussed the situation with him rationally and like an adult and what was the outcome or have you both resorted to being children i.e you calling him an ape and him flaunting tennancy laws ?

drumswan · 01-09-2014 1:28pm

Export wrote: »

In arrears of 290 since 1st August.
Received notice of arrears approx. 2 weeks ago.
Have been in contact with his solicitor since.
Today, I was upstairs at 12.30 and him and a woman and man, opened the door with their keys and came up the stairs and told me to leave.

Have you somewhere to go?

You could always leave under duress and take the five figure payout the PRTB would award you for an illegal eviction...

D3PO · 01-09-2014 1:29pm

drumswan wrote: »

Have you somewhere to go?

You could always leave under duress and take the five figure payout the PRTB would may award you for an illegal eviction...

FYP

michellie · 01-09-2014 1:30pm

OP starts a lot of ridiculous threads ..

MadDog76 · 01-09-2014 1:30pm

Export wrote: »

In arrears of 290 since 1st August.
Received notice of arrears approx. 2 weeks ago.
Have been in contact with his solicitor since.
Today, I was upstairs at 12.30 and him and a woman and man, opened the door with their keys and came up the stairs and told me to leave.
I told them to leave.
I rang the guards. He has rang the guards.
Still waiting on the guards.

As for the LOLZ, call it a nervous laugh.......

Make sure you have him charged with Breaking & Entering and follow through with it ............... even if, which they might, the Guards try to talk you out of it

geret · 01-09-2014 1:30pm

It seems you were able to pay for internet this month. Prioritise your bills

LiamoSail · 01-09-2014 1:31pm

If a tennant isn't paying the rent, the legal process is a long, costly and drawn out one for the landlord. Can sympathise with anyone not willing to go through that, and looking for a more direct route.

Irrespective of the tennants sob story, the LL still has bills to pay

D3PO · 01-09-2014 1:32pm

MadDog76 wrote: »

Make sure you have him charged with Breaking & Entering and follow through with it ............... even if, which they might, the Guards try to talk you out of it

You cant its a CIVIL Matter :rolleyes: lets stick to the topic this is A&P not after hours.

tunney · 01-09-2014 1:32pm

Export wrote: »

I don't care if I owe him a million, he can't just break into my home! And then sit there like an ape!

can a rented dwelling ever really be a home?

MadDog76 · 01-09-2014 1:35pm

D3PO wrote: »

You cant its a CIVIL Matter :rolleyes: lets stick to the topic this is A&P not after hours.

It stopped being a Civil matter the minute the LL entered the home illegally and is physically refusing to leave .......... his intimidation methods are criminal.

The Civil aspects of this situation will need to be dealt with seperately to today's situation .......... :rolleyes:

D3PO · 01-09-2014 1:38pm

MadDog76 wrote: »

It stopped being a Civil matter the minute the LL entered the home illegally and is physically refusing to leave .......... his intimidation methods are criminal.

The Civil aspects of this situation will need to be dealt with seperately to today's situation .......... :rolleyes:

You cannot break and enter into your own property. This is a civil matter. Now put away that law for dummies book :rolleyes:

highlandseoghan · 01-09-2014 1:41pm

Did the landlord give you notice that he was evicting you today?

Have you tried to come up with a payment plan to clear the arrears?

Have you been in arrears before with this landlord?

Would you not go to the landlord and try to resolve this situation.

Fabio · 01-09-2014 1:42pm

tunney wrote: »

can a rented dwelling ever really be a home?

They are for most people on the continent.

D3PO · 01-09-2014 1:43pm

highlandseoghan wrote: »

Would you not go to the landlord and try to resolve this situation.

what you mean act responsibly like adults should ? :rolleyes:

FobleAsNuck · 01-09-2014 1:44pm

highlandseoghan wrote: »

Did the landlord give you notice that he was evicting you today?

Have you tried to come up with a payment plan to clear the arrears?

Have you been in arrears before with this landlord?

Would you not go to the landlord and try to resolve this situation.

all irrelevant questions

davo10 · 01-09-2014 1:45pm

OP, go to a bank (machine) take out €290, give it to him assure him you will pay rent in time in future. He will leave straight away.

I like this LL by the way, he is not threatening you, he is sitting in your doorway waiting for you to pay what you owe him. It's better for him to kick a delinquent tenant out and MAYBE take a hit from PTSB than you leave you there for an extended period while you don't pay your rent.

I also note that in none of your posts do you say you intend to pay the rent, only that you received a notice letter from the LL. Pay up or ship out.

Export · 01-09-2014 1:46pm

Guards have been here.

I will pay the rent when I have it. Currently waiting on my dole to come through.

He 'started' with the heavy bully-boy thugish tactics, which brought out the 'stubborn' in me.

He has harrassed me on numerous occassions, he has harrassed my grandmother and my father. My father has already made a statement to the guards about him.

drumswan · 01-09-2014 1:46pm

davo10 wrote: »

I like this LL by the way, he is not threatening you, he is sitting in your doorway waiting for you to pay what you owe him. It's better for him to kick your ass out and MAYBE take a hit from PTSB than you leave you there for an extended period while you don't pay your rent.

Theres no maybe about it, if the LL forcibly evicts today he will be paying out 10k+

D3PO · 01-09-2014 1:49pm

Export wrote: »

Guards have been here.

I will pay the rent when I have it. Currently waiting on my dole to come through.

THats good but assuming he has issued valid notice of arrears and its beyond 14 days he can issue eviction proceedings regardless. Hes clearly clueless but if I were him Id follow the correct procedure and have you evicted.

glad to see your dole managed to pay for your internet but not your rent btw.

davo10 · 01-09-2014 1:49pm

Export wrote: »

Guards have been here.

I will pay the rent when I have it. Currently waiting on my dole to come through.

He 'started' with the heavy bully-boy thugish tactics, which brought out the 'stubborn' in me.

He has harrassed me on numerous occassions, he has harrassed my grandmother and my father. My father has already made a statement to the guards about him.

No you started it by not paying rent, when and from where you get your money from is not his concern, you have agreed to pay rent. Has he "harassed" you because there were other occasions you didn't pay him?

MadDog76 · 01-09-2014 1:49pm

D3PO wrote: »

You cannot break and enter into your own property. This is a civil matter. Now put away that law for dummies book :rolleyes:

When the Guards arrive and if LL refuses to leave, the Guards will be forced to arrest him for Breach of the Peace and physically remove him, they will also ask the Tenant if he wishes to press charges against the LL ............. the LL has now committed a criminal offence and will be treated as such.

The Guards will not entertain any back story about arrears etc. from either party as these are Civil matters, they will only deal with the criminal offence which has taken place today.
Legally speaking you absolutely can be charged with Breaking & Entering a property which technically belongs to you ............. speaking from experience here.

Now take your "Law for Dummies" book back and learn to read it ..........:rolleyes:

Grandpa Hassan · 01-09-2014 1:50pm

The LL is acting like a d*** and leaving himself open to trouble.

But my sympathy for you is zero given the flippant attitude that you have to not paying rent. Let me ask you this (and answer honestly): If the LL issued you with the proper notices and then an eviction notice, would you leave? I suspect, given your attitude, that you would not.

D3PO · 01-09-2014 1:51pm

drumswan wrote: »

Theres no maybe about it, if the LL forcibly evicts today he will be paying out 10k+

thats untrue very few awards are 10k+ so the term maybe is fair enough.

Most awards are significantly less than this but people seem to flock to this as a gaurantee that any payout will be over 10k

just go browse tribunal results for illegal eviction and you will see that.

Export · 01-09-2014 1:51pm

Grandpa Hassan wrote: »

The LL is acting like a d*** and leaving himself open to trouble.

But my sympathy for you is zero given the flippant attitude that you have to not paying rent. Let me ask you this (and answer honestly): If the LL issued you with the proper notices and then an eviction notice, would you leave? I suspect, given your attitude, that you would not.

I will follow the LAW.

davo10 · 01-09-2014 1:51pm

drumswan wrote: »

Theres no maybe about it, if the LL forcibly evicts today he will be paying out 10k+

Does this happen in 100% of cases? Have you a link to this?

Grandpa Hassan · 01-09-2014 1:53pm

Export wrote: »

I will follow the LAW.

Pay him his money then! :rolleyes:

D3PO · 01-09-2014 1:54pm

MadDog76 wrote: »

When the Guards arrive and if LL refuses to leave, the Guards will be forced to arrest him for Breach of the Peace and physically remove him, they will also ask the Tenant if he wishes to press charges against the LL ............. the LL has now committed a criminal offence and will be treated as such.

The Guards will not entertain any back story about arrears etc. from either party as these are Civil matters, they will only deal with the criminal offence which has taken place today.
Legally speaking you absolutely can be charged with Breaking & Entering a property which technically belongs to you ............. speaking from experience here.

Now take your "Law for Dummies" book back and learn to read it ..........:rolleyes:

1. Breach of the peace wouldnt be down to the tenant to "press charges on" :rolleyes:

2. You cannot be charged with breaking and entering a property that belongs to you. As for your expereince if you have direct experience of the contrary please provide me the case details so I can look it up online ......

Export · 01-09-2014 1:54pm

Grandpa Hassan wrote: »

Pay him his money then! :rolleyes:

I don't have any!

Landlord here and refusing to leave

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