New tenants not paying rent/deposit

Farolina81

Two weeks ago we rented our house out to a cousin and his pal. Cousin hasn't paid deposit or last two weeks rent yet but the other guy has. Nothing signed because it was 'family'... Turns out they're taking drugs too. He's supposed to be paying up this evening but we really want them out. Where do we stand?

Cathmandooo

Sounds messy.

If they're starting off oweing backrent and a deposit already then that pattern is likely to continue.

Not sure what the drugs has to do with things though unless you're willing to call the gardai on them over illegal drugs?

If they come up with the money tonight would you consider keeping them on?

Ask them for a months rent up front also and to sign a lease? They might run a mile and do you a favour?

Farolina81

Thanks Cathooo. It's messy alright. Turns out his Dad made the comment that we would be left waiting for the rent but it was taken as a joke! We've only just learned that in their last house, they had house parties where a number of them were stoned and did damage to the house. Even if they do come up with the money tonight, the ideal for us would be for them to find somewhere else.

Cathmandooo

HarleyNug wrote: »

Thanks Cathooo. It's messy alright. Turns out his Dad made the comment that we would be left waiting for the rent but it was taken as a joke! We've only just learned that in their last house, they had house parties where a number of them were stoned and did damage to the house. Even if they do come up with the money tonight, the ideal for us would be for them to find somewhere else.

I'd definitely ask them to sign a lease and a months rent up front along with the deposit, it sounds like they'd run a mile which is exactly what you want. Plus it means you don't look like the bad guy kicking 'family' out on the streets. Give them til the weekend to come up with the months rent in advance, along with the previous two weeks (and this week) for your cousin

D3PO

give them their notice now before they sign a lease. dont take any crap

Notice of Termination
As stated above, the Residential Tenancies Act 2004 affords greater security of tenure to tenants. During the three and a half year period the landlord can only terminate the tenancy on specified grounds.
Acceptable grounds include the

• tenant not complying with their obligations (e.g. not paying their rent)

However, please note that if a fixed term tenancy exists it cannot under any circumstances be terminated before the expiry of the term, unless the landlord or the tenant is in serious breach of the agreement. Please contact Threshold if you have any query about these rules.
The landlord must also give the tenant written notice of termination. The period of notice will depend on the duration of the tenancy.
Duration of Tenancy Notice by Landlord

• Less than 6 months 28 days

Cathmandooo

D3PO wrote: »

give them their notice now before they sign a lease. dont take any crap

tenant not complying with their obligations (e.g. not paying their rent)

They might have the full rent tonight and it's only been 2 weeks by one person unpaid. I believe you've to have a lot more owed rent than 2 weeks before you can pull that line. Plus evictions can be a lengthy process if they kick up, and it's family which will add to the headache.

D3PO

Cathooo wrote: »

They might have the full rent tonight and it's only been 2 weeks by one person unpaid. I believe you've to have a lot more owed rent than 2 weeks before you can pull that line. Plus evictions can be a lengthy process if they kick up, and it's family which will add to the headache.

Notice of termination and notice of eviction are 2 different things though. If there in the house under 6 months and havent signed a lease you can get rid as a landlord without a reason or recourse.

I just left the detail in about unpaid rent anyway but its not really relevent anyway.