Tenant wont move out!

christina51

hi there i had my house rented out before,basically to cut a long story short a new tenant moved in a week ago unfortunately circumstances have changed and i rang him to say he would have to move out but not until the 2nd week in january,he hasnt paid any rent or deposit or signed a lease and i told him he could stay in the house rent free and use the money towards a new place in january,hes completely flipped out and says he is going to his solictor today and he wants compensation(????)because he has nowhere to go and i am making him homeless!!please tell me what to do!!

RedXIV

If he has no lease, he has no legal footing i'd say

You let tenants in your house without them giving you a deposit or rent ? That weirdness aside he has no leg to stand on so tell him to get out straight away.

christina51

RedXIV thanks for reply.he is in such a temper though im actually afraid he might damage the property.ive tried to reason with him,and even let him stay rent free til after xmas is over but he wont hear of it,just screamed down the phone and called me everything under the sun!

RedXIV

I'd also be of the thought that you offering your hospitality for a few weeks for free and him throwing it in your face would be enough to retract that. Ring him up, tell him the Guards are on the way for trespassing on private property

Let the guards deal with him if he has a temper

christina51

RoverJames yes i know but he is a friend of a friend and had no money for a deposit or months rent up front but my friend vouched for him saying he was a really nice guy so i told him he could give me a months rent upfront at the end of december because he said he wouldnt have any money til then.

christina51

i really dont want to throw him out on the street,i know he had planned to have his kids over for xmas,which is why i told him stay til january,but now hes threatening me with solictor saying he has to be compensated because he has nowhere else to go.im never renting out my house again!

RedXIV

I know he's the friend of a friend, and in fairness, you must be a very generous person to offer what you did. But he's taking advantage of your kindness.

At the very least, get the friend of yours and this tenant to step in and give him a solid kick up the backside

sealgaire

Jesus put a fullstop in that paragraph!

MsFifers

maybe your mutual friend can intervene on your behalf, since they vouched for him? No offence, but you shouldn't have let out your place to someone without ensuring all the legalities were in place - lease, deposit, tenant references etc. and at least getting some rent in advance.

It sounds like he sees you as a soft touch - don't listen to any rants, he is just trying to intimidate you. You need to get him out a.s.a.p. and then change the locks.

christina51

thanks for all the replies everyone,i feel a bit better now,but that does anyone know if he is actually entitled to any compensation for me asking him to leave?

He sounds like a nutty scumbag bully. He had no leg to stand on, tell him to get out by end of today and then call the Gardai if he doesn't. Also get this friend of yours to get involved.

Ortiz

sealgaire wrote: »

Jesus put a fullstop in that paragraph!

No he didn't...

RedXIV

He's entitled to nothing.

The lease is the key, thats the legally binding document.

As far as the law will see it, your name is on the deed of the house, its your property and you want him off it which you're perfectly entitled to. The fact that you verbally agreed to let him rent it in the first place is not provable or relevant.

Get him out, if he can't be nice, he doesn't deserve to be treated nice

Captain Commie

No lease no rights, pure and simple, let him go to the solicitor, will end up costing him more in the long run. Any solicitor worth their salt will laugh him out of the office.

If he gives you any reason to feel that he may damage the property then get the gardai involved straight away and tell them everything, also keep a log with times that you have spoken to him etc etc, make it as detailed as possible. If he tries to take action a simple diary can be very effective.

Forget the fact that he is the friend of a friend, tell him that unless he can produce written evidence of a lease then he is trespassing on your property and he has 24 hours to get out else you will be getting the gardai involved, and follow through on your word, else he will see you as being weak and will milk it for all its worth

Keedowah

If he doesn't have money for rent then he doesn't have money for a solicitor - case closed.

In all seriousness though - I think you've been more then fair to him. As others have said, if he is being unreasonable, get his friend involved.

leeroybrown

I could understand someone being annoyed that you changed your mind but a month's notice rent free with no deposit in a situation without any lease is quite generous and should give him adequate time to find a new place. I'd have retracted that generous offer and told him that he was no longer welcome in the property the second he started with the threats. I'd suggest you do the same.

christina51

just rang a solictor for advice,she basically said even though there is no written agreement in place,there is still a verbal agreement and i have to give him 2 months notice to leave but if he refuses then basically ill have to get a court order to get him out,sounds ridiculous to me being honest.cant believe this is happening!

RedXIV

If i were you I'd ring the guards anyway. As said above, if he hasn't the money for rent, he hasn't the money for solicitors or court cases.

Did you tell the solicitor how long he had been there for? it sounds like she was quoting squatters rights?

ztoical

christina51 wrote: »

just rang a solictor for advice,she basically said even though there is no written agreement in place,there is still a verbal agreement and i have to give him 2 months notice to leave but if he refuses then basically ill have to get a court order to get him out,sounds ridiculous to me being honest.cant believe this is happening!

Where are they getting two months from? If he doesn't have a lease then he is a part 4 tenancy, he's been in the property less then 6 months so gets 28 days which you've more then given. Does the solictor you called deal with tenancy issues? If not I'd ring Threashold or the PRTB.

christina51

ya i explained the full situation to her but she said its a very grey area!going to ring threshold now and see what they say.

christina51

christina51 wrote: »

just rang a solictor for advice,she basically said even though there is no written agreement in place,there is still a verbal agreement and i have to give him 2 months notice to leave but if he refuses then basically ill have to get a court order to get him out,sounds ridiculous to me being honest.cant believe this is happening!

Don't waste your time with solicitors and threshold etc, tell this chap to get the f out of your house immediately.

djimi

christina51 wrote: »

i really dont want to throw him out on the street,i know he had planned to have his kids over for xmas,which is why i told him stay til january,but now hes threatening me with solictor saying he has to be compensated because he has nowhere else to go.im never renting out my house again!

Point him in the direction of daft.ie and tell him to pick somewhere!

Did you give him notice in writing that you wanted him out? It might be necessary for legal reasons, although that would also make his tenancy somewhat official so you may need to look into that...

jenny jinks

christina51 wrote: »

just rang a solictor for advice,she basically said even though there is no written agreement in place,there is still a verbal agreement and i have to give him 2 months notice to leave but if he refuses then basically ill have to get a court order to get him out,sounds ridiculous to me being honest.cant believe this is happening!

That solicitor knows nothing! If it is residential it must go to the PRTB.

christina51

ok threshold said i have to give him notice in writing 28days notice to be precise but if he still refused to move i would need a court order to get him off the property,this is such a nightmare.

RedXIV

Ring the guards. tell them he is trespassing. if he says he is renting, he should be able to produce a lease. He can't therefore he has nothing going for him. honestly. Just ring the guards

markear1

Sorry Christina but a verbal agreement has taken place and if I were you I would delete this thread as it is proof that a verbal agreement has occurred. You probably will have to give him 2 months notice but you should also get a lease. Maybe in the lease you could quote a ridiculous amount of rent to be paid and then he might leave before the 2 months are up as he is not able to afford the 2 months

listermint

christina51 wrote: »

ok threshold said i have to give him notice in writing 28days notice to be precise but if he still refused to move i would need a court order to get him off the property,this is such a nightmare.

TBH, tell him he's out. Tell him to your ringing the guards if he is not out by the end of the day/week. And get your 'friend' involved right now. Stop stepping around being nice with Threshold solicitors.etc. You will end up months at that stuff. Take hold of the situation you've been too nice so far. This guy is obviously a plank.

christina51

markear1 wrote: »

Sorry Christina but a verbal agreement has taken place and if I were you I would delete this thread as it is proof that a verbal agreement has occurred. You probably will have to give him 2 months notice but you should also get a lease. Maybe in the lease you could quote a ridiculous amount of rent to be paid and then he might leave before the 2 months are up as he is not able to afford the 2 months

really?but i really tought a verbal agreement wouldnt stand up in court?

RedXIV

How could it? He says it happened, you say it didn't? then what happens? thats why we need proof i.e. a physical lease.

Honestly, I wish my landlord was like you, i really do, and part of me is saying that because I know i'd probably get my way in rent reviews. You were doing this guy a favour and he took the mick. if your mutual friend IS a friend, they'd be doing this for you.

Its not worth the hassle of keeping him there. You'll feel a little guilty but you'll also get your life back on track

stephendevlin

He's not even paying for it???? No money = No solicitors is right. Throw the Bum out. He's chancing his arm. Buy him a tent and send him on his way. You've been more than nice about it and he has threw it back at you. :rolleyes:

MazG

Hi OP

It sounds to me like your tenant completely lost his temper when you gave him the news that he would have to move again. Perhaps he may be a bit more reasonable once he's had a chance to cool down.

Of course I don't excuse his behaviour in any way. But if what you ultimately want is to get your house back, it may be worth having another conversation with him. It might even be a good idea to bring along your mutual friend to 'witness' the conversation if possible

Best of luck

Edit: As to the people who say that it will be your word against his vis-a-vis the 'verbal agreement' to let the house to him, I would suggest that the fact that he has keys to the property and has moved all his stuff in there (maybe even had bills transferred to his name?)would be a bit of a giveaway that such a verbal agreement did, in fact, exist between you.

christina51

thanks for all the advice ,part of me just feels so guilty what with it coming up to xmas,he had planned to have his kids over,hes only there a week and im telling him go,which is why i said the second week in january would get him over the xmas and time to find a new place,i explained i wouldnt be doing this if i had any other option but i dont and ive a daughter to think about aswell.

markear1

A verbal agreement is difficult to prove but is definitely applicable in Irish law. You should contact citizens information. It might sound unbelievable but it was actually brought in to protect consumers. I know that your situation is not nice but if solicitors get involved it will drag out. Get a lease ASAP and charge him triple the rent that he thought it was going to be. If he does not sign it, then it is easier to get rid of him. If he does sign (which he will not), straight away give him notice of his eviction according to the terms of the lease. The gardai will probably not get involved into a situation where there is verbal agreements and the likes. They will just tell you to get a solicitor. It's a minefield but it's best to sort it out yourself and definitely get your friend involved since they vouched for him.

christina51

MazG wrote: »

Hi OP

It sounds to me like your tenant completely lost his temper when you gave him the news that he would have to move again. Perhaps he may be a bit more reasonable once he's had a chance to cool down.

Of course I don't excuse his behaviour in any way. But if what you ultimately want is to get your house back, it may be worth having another conversation with him. It might even be a good idea to bring along your mutual friend to 'witness' the conversation if possible

Best of luck

thanks very much,yes i told him yesterday and he lost his temper but i honestly didnt mind as understandably it was a shock to him and thought tomorrow he will have calmed a bit and we can have a reasonable conversation but when i rang him today he really went hell for leather and said i was making him homeless and he wouldnt take this lying down and he would be going to his solicitor today and would be looking for compensation,he called me a hundred different names before hanging up the phone,i dont know this guy at all,i really think im being fair,i wouldnt see anyone on the street at xmas time especially someone who would be having their children stay but i really tought he would be ok with having 6 weeks to get himself sorted out

Cathmandooo

He wont be on the street! There's plenty of places to rent, if he was able to pay to rent your house then I don't see what the difference is renting somewhere else You have to take your emotion out of it now, he's sounds like a piece of work. You have been far more than generous, he has thrown it back at you.

Give him his 28days notice in writing. The gardai can't do anything for you unless he gets violent (hopefully that wont happen). Contact your friend who vouched for him immediately, get them to have a word with him.

paky

christina51 wrote: »

hi there i had my house rented out before,basically to cut a long story short a new tenant moved in a week ago unfortunately circumstances have changed and i rang him to say he would have to move out but not until the 2nd week in january,he hasnt paid any rent or deposit or signed a lease and i told him he could stay in the house rent free and use the money towards a new place in january,hes completely flipped out and says he is going to his solictor today and he wants compensation(????)because he has nowhere to go and i am making him homeless!!please tell me what to do!!

you need to give him at least 28 days notice whether he has paid rent or not. after that he can be removed by the police with the eviction notice you gave him of course

paky

christina51 wrote: »

thanks very much,yes i told him yesterday and he lost his temper but i honestly didnt mind as understandably it was a shock to him and thought tomorrow he will have calmed a bit and we can have a reasonable conversation but when i rang him today he really went hell for leather and said i was making him homeless and he wouldnt take this lying down and he would be going to his solicitor today and would be looking for compensation,he called me a hundred different names before hanging up the phone,i dont know this guy at all,i really think im being fair,i wouldnt see anyone on the street at xmas time especially someone who would be having their children stay but i really tought he would be ok with having 6 weeks to get himself sorted out

why are you evicting him?

christina51

Cathmandooo wrote: »

He wont be on the street! There's plenty of places to rent, if he was able to pay to rent your house then I don't see what the difference is renting somewhere else You have to take your emotion out of it now, he's sounds like a piece of work. You have been far more than generous, he has thrown it back at you.

Give him his 28days notice in writing. The gardai can't do anything for you unless he gets violent (hopefully that wont happen). Contact your friend who vouched for him immediately, get them to have a word with him.

he didnt pay to rent my place,basically he had no money for deposit or rent upfront so he said he would pay at the end of december,i tought it would be better to have someone in the house than no one so i agreed to this but i told him on the phone today to keep the rent he was intending to pay me at the end of december to put towards a new place but he wasnt having any of it!

christina51

paky wrote: »

why are you evicting him?

tbh i had to rent out the house originally as like half of the country i was out of work and couldnt afford mortgage repayments so i moved back with my parents,i have a new job now so i can now afford my mortgage again but i had intended to keep the house rented out and stay with my parents but now my brother has split up from his wife and he will be moving back with my parents with his 4 children!i know my poor parents,they will never get rid of us lol so i cant stay there with my daughter as there isnt any room

Jumpy

So he hasnt paid a cent and wont leave. Am I correct here?

paky

christina51 wrote: »

tbh i had to rent out the house originally as like half of the country i was out of work and couldnt afford mortgage repayments so i moved back with my parents,i have a new job now so i can now afford my mortgage again but i had intended to keep the house rented out and stay with my parents but now my brother has split up from his wife and he will be moving back with my parents with his 4 children!i know my poor parents,they will never get rid of us lol so i cant stay there with my daughter as there isnt any room

so now your problem becomes his even though you had a contract? what makes you think the law should come down on your side?

christina51

Jumpy wrote: »

So he hasnt paid a cent and wont leave. Am I correct here?

yes thats correct

Susie_Q

It seems that you've been given lots of good and varied advice in here but you are refusing to take it.

Either take some action (preferably involving the guards kicking him or) or please stop repeating the same complaints over and over.

Good luck.

paky

Susie_Q wrote: »

It seems that you've been given lots of good and varied advice in here but you are refusing to take it.

Either take some action (preferably involving the guards kicking him or) or please stop repeating the same complaints over and over.

Good luck.

why is the guy guilty?

leeroybrown

paky wrote: »

so now your problem becomes his even though you had a contract? what makes you think the law should come down on your side?

The law is on her side. She can serve notice and ask him to leave. She can still ask for rent (he appears to have refused the offer of rent free accommodation of the month). On top of this a landlord (or family member) moving into the property is one of the strongest legal grounds for serving notice.

While it's not ideal for the tenant he's lucky to have been allowed to move in without rent/deposit up front and he's lucky to have been offered rent free accommodation.

christina51

paky wrote: »

so now your problem becomes his even though you had a contract? what makes you think the law should come down on your side?

no i have no contract signed with him,the house was originally leased to my friend but this new tenant only moved in last week as my friend had moved out

listermint

paky wrote: »

so now your problem becomes his even though you had a contract? what makes you think the law should come down on your side?

Its her house, This guy is a mentalist. And by your responsises your siding with the mentalist. He was bloody well lucky to get into a house with no money up front in the first place. She was more than reasonable letting him have a free roof over his head for the entire december and into January.

Are you for real mate??

listermint

OP, serve notice today, or at latest tomorrow. that will bring you right up to the time when you need to get in. Then get the guards involved.

christina51

Susie_Q wrote: »

It seems that you've been given lots of good and varied advice in here but you are refusing to take it.

Either take some action (preferably involving the guards kicking him or) or please stop repeating the same complaints over and over.

Good luck.

im sorry i just wanted to make sure i was doing the right thing.

christina51

thanks everyone xxxxxxxx