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Psycho Neighbour from Hell

  • 29-09-2009 3:22pm
    #1
    Registered Users, Registered Users 2 Posts: 10


    Love any advice from anyone on this.

    Living in a detached house in County Limerick and my sister's detached house is right next door. Long story short, she rented it out last year to a guy living on his own.

    All went well initially and it was like something from The Waltons (for those elder lemons). Last few months he has just stopped paying rent and the law being as it is...we can do nothing about it. He can stay there til the end of his contract, which is January 2010.

    He has done far too many psycho things to mention but one example is that he screams at my wife any time he sees her. Unfortunately, my wife is quite ill and this guy is just ruining our lives.

    Basically, I want some payback. Sounds chldish but this guy is making our lives a misery. Within the law...does anyone have any ideas how we can annoy this guy? There are other houses close by so noise isnt a great option.

    Thanks guys.


Comments

  • Registered Users, Registered Users 2 Posts: 7,606 ✭✭✭Jumpy


    Love any advice from anyone on this.

    Living in a detached house in County Limerick and my sister's detached house is right next door. Long story short, she rented it out last year to a guy living on his own.

    All went well initially and it was like something from The Waltons (for those elder lemons). Last few months he has just stopped paying rent and the law being as it is...we can do nothing about it. He can stay there til the end of his contract, which is January 2000.

    He has done far too many psycho things to mention but one example is that he screams at my wife any time he sees her. Unfortunately, my wife is quite ill and this guy is just ruining our lives.

    Basically, I want some payback. Sounds chldish but this guy is making our lives a misery. Within the law...does anyone have any ideas how we can annoy this guy? There are other houses close by so noise isnt a great option.

    Thanks guys.

    Its 2009. I assume you meant 2010.


  • Registered Users, Registered Users 2 Posts: 7,879 ✭✭✭D3PO


    why do you think you have to wait out the contract ?

    if hes not paying rent raise a dispute with the PRTB assuming the tennancy is registered.

    Follow this up by starting eviction proceedings. The PRTB will help you will all aspects of this.


  • Registered Users, Registered Users 2 Posts: 10 BloodRedStag


    If we try to get rid of him, he can launch a complaint with the PRTB which could take anything up to three months to get to arbritration. PRTB advised us off the record to just leave him there.

    He owes several thousand and the PRTB said they dont have the resources to chase him for the money yet if we put one foot wrong, the PRTB can fine up to €20k


  • Closed Accounts Posts: 15,116 ✭✭✭✭RasTa


    Can't you just change the locks next time he leaves? If he kicks the door down then call the police.


  • Registered Users, Registered Users 2 Posts: 10 BloodRedStag


    Love to RasTa. He still has rights until his contract is up. Isnt the law unbelievable? Even though he has broken the contract by not paying rent, the tenants body, PRTB, still protect the moron.


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  • Closed Accounts Posts: 15,116 ✭✭✭✭RasTa


    Love to RasTa. He still has rights until his contract is up. Isnt the law unbelievable? Even though he has broken the contract by not paying rent, the tenants body, PRTB, still protect the moron.


    Surely there is something in the contract that states it's void if he doesn't pay the rent?


  • Closed Accounts Posts: 385 ✭✭emty


    Sorry to hear this OP but very impressed by your lack of a "rant". If the guy is doing this there will be other things in his life that he is doing i.e claiming dole while working or some other welfare scam.I'm sure the SW would be interested to hear this.Also,more importantly if he is harassing your wife get an order of protection against him and have him arrested when he breach's it.


  • Registered Users, Registered Users 2 Posts: 10 BloodRedStag


    Interesting one Empty.

    Yeah, its tough to be restrained. Believe me, I've sat here seething.The odd time he drives past our house and spits at the entrance. Went to go after him once but had to take a deep breath as he just wants a reaction.


  • Registered Users, Registered Users 2 Posts: 100 ✭✭geem


    Interesting one Empty.

    Yeah, its tough to be restrained. Believe me, I've sat here seething.The odd time he drives past our house and spits at the entrance. Went to go after him once but had to take a deep breath as he just wants a reaction.

    Take photographs of him doing this and also film any abuse. Contact community police-man and discuss it with him. They are usually very helpful with anti-social behaviour type problems but you may have to chase one down at first. I wouldn't wait for PTRB I would contact solicitor and move to evict.


  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    Regardless of PRTB arbitration- you should immediately commence eviction proceedings. If you imagine he is going to magically leave as soon as his contract is up- unfortunately you're dreaming. You have to be 100% certain that you are keeping within the letter of the law at every step of the way- and when serving written notice- make sure its by registered post- or by some manner that you can prove he received the notice. Have a look at the 2004 Residential Tenancies Act- at how to serve notice, and follow it to the letter- do not deviate.


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  • Registered Users, Registered Users 2 Posts: 10 BloodRedStag


    Thanks for the advice guys


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    RasTa wrote: »
    Can't you just change the locks next time he leaves? If he kicks the door down then call the police.
    The courts really don't like illegal evictions.


  • Registered Users, Registered Users 2 Posts: 7,879 ✭✭✭D3PO


    smccarrick wrote: »
    Regardless of PRTB arbitration- you should immediately commence eviction proceedings. If you imagine he is going to magically leave as soon as his contract is up- unfortunately you're dreaming. You have to be 100% certain that you are keeping within the letter of the law at every step of the way- and when serving written notice- make sure its by registered post- or by some manner that you can prove he received the notice. Have a look at the 2004 Residential Tenancies Act- at how to serve notice, and follow it to the letter- do not deviate.

    SMS is spot on here, you have to start eviction proceedings. Im shocked that the PRTB have told you not to :eek:


  • Registered Users, Registered Users 2 Posts: 9,815 ✭✭✭antoinolachtnai


    It is time to see a solicitor for sure. This is a very serious situation. If the PRTB told you those things, they should not have.

    You will end up having to go back to PRTB, and if necessary, appealing the PRTB finding to the courts. You just have no other choice.

    You also have to work to find out this guy's context in the community. Is he having difficulty at work or with his family life? Is he under a doctor's care? Has he come to the attention of the Garda? It may be that the most straightforward way to sort this out is to get him back on track, so he can sort out his life and leave you alone.


  • Closed Accounts Posts: 1,477 ✭✭✭Kipperhell


    As he is just a neighbour to you, it could be possible to get a restraining order for his behaviour. I doubt he has a TV licence either. You should not get involved in what your sister is doing regards the eviction. It would not be hard for a judge or anybody else to assume your entire family are intimidating him.

    Get your sister to follow the eviction procedures as stated.


  • Moderators, Science, Health & Environment Moderators Posts: 23,243 Mod ✭✭✭✭godtabh


    Cant your sister move back in and get rid of him that way?


  • Closed Accounts Posts: 70 ✭✭PullOutMethod


    Some direct action suggestions:

    - Cut off the electricity and water

    - Phone him all hours of the night. Sleep deprivation is a powerful tool. Pay kids to do nic nacs.

    - Failing that a mate of mine hired a guy (apparently an ex-garda) to evict a tenant in similar circumstances.
    He acted entirely legally but kept calling to the house and eventually the tenant left.


  • Closed Accounts Posts: 4,124 ✭✭✭Amhran Nua


    Are there not provisions for immediate eviction in the case of violent behaviour within the law?


  • Registered Users, Registered Users 2 Posts: 7,879 ✭✭✭D3PO


    Some direct action suggestions:

    - Cut off the electricity and water

    - Phone him all hours of the night. Sleep deprivation is a powerful tool. Pay kids to do nic nacs.

    - Failing that a mate of mine hired a guy (apparently an ex-garda) to evict a tenant in similar circumstances.
    He acted entirely legally but kept calling to the house and eventually the tenant left.

    you do realise cutting off electricity and or water would constitue an illegal eviction right ?

    OP DO NOT do any of this unless your sister wants to for out a large sum of money to to tennant for evicting illegally.

    Phoning all hours of the night . Well obviously they could unplug the phone and if they wanted to they could get a restraining order against you. Do you really want to end up in jail ?


  • Registered Users, Registered Users 2 Posts: 37,316 ✭✭✭✭the_syco


    kearnsr wrote: »
    Cant your sister move back in and get rid of him that way?
    Pretty sure you can give 30 days noticeif you're moving a family member in :cool:


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  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    the_syco wrote: »
    Pretty sure you can give 30 days noticeif you're moving a family member in :cool:

    Correct.
    Having the sis move back in- is a valid reason for terminating the lease (as is non payment of the rent). Key to all of this is valid notice being served in a proper manner.


  • Registered Users, Registered Users 2 Posts: 4,788 ✭✭✭ztoical


    D3PO wrote: »
    SMS is spot on here, you have to start eviction proceedings. Im shocked that the PRTB have told you not to :eek:


    + 1 Me too, while I'm sure you'd like the money owed I'd say you'd be happy to just get him out and be done with him and if you wait until the contract is up you could be stuck with him for another 3 or 4 months or even more. Start eviction now and he'll be out by the time the contract is up and make sure to record everything you do....register post any and all letters, if he is abusive get it on tape if you can, have a notebook and right down time and date of any interaction with him, phone calls, letters sent, abusive actions towards you or your family and talk with your local community police-person, if you keep a really clear record you should cover your/sisters ass from fines and also if he becomes violent you've a clear record of his attitude and actions for the courts.


  • Registered Users, Registered Users 2 Posts: 101 ✭✭funkydunkey


    Also, fyi, on the cutting off elec etc. if your sister did, she would be liable in the event he "fell down the stairs" because he had no light!
    I knew a landlord one time that had a tenant evicted because he felt renovations were neccessary to maintain a high standard for the house and he wasnt comfortable leasing it in its current state. got the tenant evicted and never did a thing thereafter! I would recommend though, either pick one route or the other and commit totally (legal or illegal) because to do anything that could be seen as harassment will harm the legal side. and if you intend to go the other route and actually harras him til he leaves youd best not bring any attention to that.


  • Registered Users, Registered Users 2 Posts: 10 BloodRedStag


    Thanks again for all of the assistance


  • Closed Accounts Posts: 324 ✭✭~me~


    just follow the advice given on here and good luck! (i quite like the idea of paying kids to do nic nacs although it wont make him leave!)


  • Registered Users, Registered Users 2 Posts: 101 ✭✭funkydunkey


    christ i dunno about that "gettin the kids to go over and annoy him" approach, if the fella is nuts, keep the kids well away from him, especially if he's already after giving your wife abuse. who'd want to expose kids to anything like that. if he needs confronting, man up and do it, face to face! dont send children over.


  • Closed Accounts Posts: 59 ✭✭Boomtastic


    If you are going to send him an eviction notice by registered post don't send it in an envelope typed up and official looking. Send it in a big brown box with handwriting. Make it look like it's something nice! :p


  • Registered Users, Registered Users 2 Posts: 490 ✭✭delop


    Keep the head,

    And keep a diary of every incident


  • Closed Accounts Posts: 109 ✭✭DO0GLE


    Not 100% sure but I think putting the house up on the market for sale is enough reason to have him removed


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  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    DO0GLE wrote: »
    Not 100% sure but I think putting the house up on the market for sale is enough reason to have him removed

    You still need to serve notice.


  • Registered Users, Registered Users 2 Posts: 7,202 ✭✭✭amacca


    If we try to get rid of him, he can launch a complaint with the PRTB which could take anything up to three months to get to arbritration. PRTB advised us off the record to just leave him there.

    He owes several thousand and the PRTB said they dont have the resources to chase him for the money yet if we put one foot wrong, the PRTB can fine up to €20k

    The above just says it all...f#cking sickening OP. I sympathize entirely with your situation if it is described accurately.

    That is as ridiculous as being liable for injury to people that break into your home.

    talk about priorities, stuff like this makes me think there should be a revolution, it should not be televised and we should have a nice big wall to put people up against.

    I cant suggest anything but I don't think Id be capable of showing the same restraint you have.


  • Registered Users, Registered Users 2 Posts: 6,423 ✭✭✭tinkerbell


    Hang on ... so if the tenant is not paying and refuses to pay, they can just stay in the house rent free until the lease is up?! How does that make any sense?


  • Registered Users, Registered Users 2 Posts: 7,202 ✭✭✭amacca


    tinkerbell wrote: »
    Hang on ... so if the tenant is not paying and refuses to pay, they can just stay in the house rent free until the lease is up?! How does that make any sense?

    I have constructed a virtual bucket for you to get sick in below...


    [.............]
    [.............]
    [.............]
    [.............]
    [.............]
    [.............]


    welcome to our wonderfully unjust country. It may not be legally the case but it seems to be effectively the case, the PRTB seem to have taken authority over something they are proving incapable of managing efficiently. If someone behaves as this tenant seemingly has there should be an efficient speedy means of removing them from the property and making them pay up.

    If the guy is truly a nutter then he needs help not a license to continue in the same vein.


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    OP, harassing the tenant is unacceptable. The rest of you - advocating harassment and illegal evictions are not acceptable.
    kearnsr wrote: »
    Cant your sister move back in and get rid of him that way?
    DO0GLE wrote: »
    Not 100% sure but I think putting the house up on the market for sale is enough reason to have him removed
    Its a one year lease.
    tinkerbell wrote: »
    Hang on ... so if the tenant is not paying and refuses to pay, they can just stay in the house rent free until the lease is up?! How does that make any sense?
    There is an accelereated procedure for eviction in the case of non-payment of rent.

    The correct way to resolve the situation is for either the tenant to pay up of the landlord to commence a legal eviction.


  • Registered Users, Registered Users 2 Posts: 7,202 ✭✭✭amacca


    Victor wrote: »
    There is an accelereated procedure for eviction in the case of non-payment of rent.

    The correct way to resolve the situation is for either the tenant to pay up of the landlord to commence a legal eviction.

    Out of curiosity, how accelerated is it? would genuinely like to know how long you have to wait before you can legally evict someone who is not paying their rent.

    Is it subject to any delay because of a backlog of cases? If it is I am of the opinion the PRTB are not fulfilling their role properly.

    If it is delayed can the landlord get compensation from the PRTB for the lost rental income during the delay? If the PRTB cant fulfill their role in a timely fashion then I am of the opinion they should make up the shortfall.

    Could be wrong but the system seems to be unfairly weighted in favour of the misbehaving tenant to me.


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  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    I think 14 days.


  • Registered Users, Registered Users 2 Posts: 5,477 ✭✭✭Hootanany


    I have heard of this scam before Micheal Keaton was in the film set in Frisco,
    I would personally take the Fxxcker by scruff off his neck throw him out in these times money is very tight and that guy is stealing your sisters


  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    Hootanany wrote: »
    I have heard of this scam before Micheal Keaton was in the film set in Frisco,
    I would personally take the Fxxcker by scruff off his neck throw him out in these times money is very tight and that guy is stealing your sisters

    Thats all well and good.
    Unfortunately- there is legal precedent in favour of the tenant. It used to be that the law was unfavourably biased in favour of landlords- unfortunately instead of finding a happy equilibrium- its now firmly in favour of tenants. Something has to give......


  • Registered Users, Registered Users 2 Posts: 7,202 ✭✭✭amacca


    smccarrick wrote: »
    Thats all well and good.
    Unfortunately- there is legal precedent in favour of the tenant. It used to be that the law was unfavourably biased in favour of landlords- unfortunately instead of finding a happy equilibrium- its now firmly in favour of tenants. Something has to give......

    Too true. I wonder why they find it so hard to achieve a balance.

    Surely a couple of dyslexic monkeys with a faulty typewriter and expensive coke habits could have come up with something better than what we currently have?

    What disconnected or perverse/self interested group of people sits down, draws up this legislation like this and gets it so ridiculously wrong. It generates lots of conflict and work for solicitors/lawyers. Actually using logic and decency to achieve a happy equilibrium is not good for business it seems.


  • Registered Users, Registered Users 2 Posts: 10,846 ✭✭✭✭eth0_


    Sounds like the guy could be mentally ill. OP, surely you have a next of kin for this guy that you can get in touch with? He may have done this before..


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  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Hootanany wrote: »
    stealing your sisters
    ???

    Relax. Advocating an illegal eviction is not acceptable.


  • Closed Accounts Posts: 324 ✭✭~me~


    Victor wrote: »
    ???

    Relax. Advocating an illegal eviction is not acceptable.

    i think he meant that the guy was stealing the OPs sisters money (he said moneys very tight and hes stealing hers).


  • Registered Users, Registered Users 2 Posts: 5,477 ✭✭✭Hootanany


    Yeah i meant by not paying rent he is stealing money from your sister she still has to service the loan or mortgage on the property while he lives rent free


  • Closed Accounts Posts: 314 ✭✭Gonzales


    Victor wrote: »
    ???

    :rolleyes: Blatantly obvious if you read the post with context in mind.


  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    Gonzales wrote: »
    :rolleyes: Blatantly obvious if you read the post with context in mind.

    Regardless of how obvious you consider something to be- you will be courteous towards fellow posters, or you will have a holiday from posting in this forum.

    Regards,

    SMcCarrick


  • Closed Accounts Posts: 913 ✭✭✭HarryD


    If heating is gas/oil, remove a component from the boiler (next time he's out) so the heating will not work.
    He won't last long come winter.


  • Closed Accounts Posts: 314 ✭✭Gonzales


    smccarrick wrote: »
    Regardless of how obvious you consider something to be- you will be courteous towards fellow posters, or you will have a holiday from posting in this forum.

    Regards,

    SMcCarrick

    I was in that post & will continue to be.


  • Registered Users, Registered Users 2 Posts: 10,263 ✭✭✭✭Borderfox


    Can you not push for 7 day eviction in case of unsocial and dangerous activity?


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