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Eviction - how long will this take?

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  • Closed Accounts Posts: 6,123 ✭✭✭stepbar


    I don't know why you find it so difficult to comprehend, but colleges are not the only place with security... :rolleyes:

    I'm glad my comment struck such a chord that you felt the need to respond to it. Well done you :rolleyes:

    Go on buddy, name an apt complex with onsite security and I'll name 10 that don't (and BTW concierge services are a different kettle of fish, so they don't count as far as I'm concerned)


  • Moderators, Society & Culture Moderators Posts: 32,279 Mod ✭✭✭✭The_Conductor


    Calm down guys.

    OP- if the landlord starts eviction proceedings within the first 6 month period- he/she does not have to specify any particular reason. If you delibertly contest the process- and the PRTB find against you- they can issue a legally binding judgement against you.

    I'd love to know what the story is with a private security company- I've yet to see one elsewhere. It may very well be the case that they are in fact employed by the Management Company- and there may be provisions for them in the long term leases for the units- in which case, they would not be considered as an agent of the landlord- rather an agent of the management company- and there can be a whole different set of rules governing their behaviour. Thread carefully on this- its not as clearcut as you appear to be imagining.

    Most apartment complexes have set noise rules- mine for example specify no playing music or loud noise after 10PM at night. You can still watch TV by all means- but sound carries incredibly in modern builds- and you would be expected to show due consideration for your neighbours- but also those who live above or below you. My lease goes as far as stating that I am legally obliged to have rugs on the floor (to muffle footsteps) and strictly prohibited from having a tiled floor in any areas of the apartment (bathrooms included).

    You can drag this out via the PRTB- which could take a few months- but you're just as likely to end up with a judgement against you, regardless of whether you have the means to satisfy the judgement or not. All it takes is a little paper work to have this over your head for the next 12 years........

    Be careful- get good advice- and seriously- regardless of how indignant you are about how you have been treated- ignore the internet- you need to get professional help on this.

    S.


  • Registered Users Posts: 198 ✭✭linola_c


    Very concerned over last post. Could anyone elaborate on this?


  • Registered Users Posts: 16,471 ✭✭✭✭astrofool


    It seems fairly comprehensive to me?

    Fact is, no one here can tell you the rules on your apartment, or the conditions of the lease, or what the PRTB will do. If you are going to go the legal route, you have to get professional legal help.


  • Banned (with Prison Access) Posts: 2,043 ✭✭✭me_right_one


    Get over it FFS. You pissed off the neighbours, landlord, and the security people. You were lucky you werent arrested. Move out, rent elsewhere, and sh1t in the beds on your last day!


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  • Registered Users Posts: 2,164 ✭✭✭hobochris


    Get over it FFS. You pissed off the neighbours, landlord, and the security people. You were lucky you werent arrested.

    under what section of the criminal justice act would that arrest be made under?
    :rolleyes:


  • Registered Users Posts: 170 ✭✭lion_bar


    linola_c wrote: »
    Ok so i will try to keep this as brief as i can.

    During November, one night there was about 5 people in our flat around 2.30am. We were not under any circumstances having a 'party' but we would have been watching tv and people were probably laughing and talking and the likes. We received a phone call the next day from the office our landlords (the lady in the office) who said that we had breached our lease as there had been noise etc and that we could expect a phone call from our landlord which we never did receive.

    Last night, there ended up being a party here - around 20 people i would say - music would have been played and yes we put our hands up there was definitely a party and it wasn't fair to our neighbours. We arrived back to the flat around 3am and the noise would have occured between 3.30 and 4. At 4, two security men let themselves into our apartment and removed everyone, acting extremely threatening in their manner. They entered the apartment once again after this to ensure everyone had left.

    Everyone did leave at this stage and we all went off to bed. Today we have received a notice of termination. The actual eviction notice is invalid and we are aware of this.

    Basically, we are 3 students and our lease is up at the end of may. We have been advised that the length of time a case takes at the PRTB can run into a number a months between obtaining a hearing date, the hearing and the decision and this will more than likely buy us enough time until our lease actually does end.

    We have applied to the PRTB on the basis of an invalid lease and reasons for it also being invalid due to provisions of our actual lease.

    Does anyone have any experience in the length of time it will take us with the PRTB?

    Thank you!

    Did the security men take the comma key from your keyboard?


  • Banned (with Prison Access) Posts: 2,043 ✭✭✭me_right_one


    hobochris wrote: »
    under what section of the criminal justice act would that arrest be made under?
    :rolleyes:

    Public disorder


  • Registered Users Posts: 42 That Dave Fella


    I think it's pretty standard fare to have it written into a lease that there's to be no loud noise after 10/11pm and that if you do this the landlord can have you evicted. It's in my lease anyway.


  • Registered Users Posts: 78,297 ✭✭✭✭Victor


    Public disorder
    In a private residence?


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