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Cant get tenant out...

  • 01-03-2010 3:13pm
    #1
    Communicationb
    Closed Accounts Posts: 147 ✭✭


    I have a tenant in the family business. The unit is now operating a dry cleaner. It was an inheritance from father who passed away and there is a sitting tenant since 2003....basically he is a disaster for late rent etc.

    He hasnt paid since August and we now want him out. His lease is until 2018.

    We want to take Ejectment Proceedings but must serve a Notice to Quit first.

    The Tenant is never at home and never in the premises so we cant serve the Notice to Quit. He is hiding.

    What can we do?


Comments

  • #2
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    You will need to hire a process server to serve him. It may take some creative measures to serve him.


  • #3
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Some leases permit forfeiture notices/notices to quit to be served at the leased premises.

    Also sometimes in this situation you would serve a forfeiture notice as opposed to a notice to quit. A notice to quit is served on someone who is on a periodic tenancy after a normal tenancy has terminated. A forfeiture notice is giving notice that since the term of the lease to pay rent has been breached, the landlord is deeming the lease forfeit.

    Given the rental market at the moment, many landlords however are not seeking ejectment and are just suing the tenant on foot of the lease for the money due as a contract debt.


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