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Need help, threatening to tenant!

  • 06-04-2011 8:28pm
    #1
    peter93
    Closed Accounts Posts: 4 ✭


    Hello all,

    My tenant is moving out next weekend,they are late with last rent payment for a 7 days.I`m scared that they will use deposit as last rent.At the same time they are telling me that they will pay,but they are avoiding and keep promising.They are on SW and house still same as they moved in and I did not registered with PRTB.

    I got angry and sended wrong messege to my tenant.
    "Just letting u now that I will be out to house tomorrow morning and rent better be there.Cause I am going to report u to social.And get all ur rent stopped if u wana go down this road"

    Just wondering,what my tenant can do in this situation,because now i understand that it was completely threatening msg.
    Or best way for me is letting them to go.

    Any advice ,please!


Comments

  • #2
    Blackdragon
    Registered Users, Registered Users 2 Posts: 652 ✭✭✭Blackdragon


    Perhaps send a follow up text apologizing and say that the original text was intended for another tenant and you only now realized where you had sent it, (assuming the tenant is clueless as to if you are renting elsewhere)

    The orignal text would still remain in their heads and you might just see your rent turn up :)


  • #3
    mari2222
    Registered Users, Registered Users 2 Posts: 568 ✭✭✭mari2222


    send a text saying sorry for the earlier email, that you were upset. Ask for the rent again. Remember they may need a landlord's reference in future, so they may see sense and pay. But you also should be prompt in repaying the deposit - many tenants are made to wait for deposits for far too long.:)


  • #4
    peter93
    Closed Accounts Posts: 4 ✭peter93


    Thanks for replays,

    in this case ,where my tenants can go to complain about threatening ,they could do that ,just wondering what exacly they can do ... ?
    Thanks


  • #5
    jimbobaloobob
    Registered Users, Registered Users 2 Posts: 5,153 ✭✭✭jimbobaloobob


    How long is the tennant a resident there?

    Do they rent the full property? or rooms from you?


  • #6
    peter93
    Closed Accounts Posts: 4 ✭peter93


    ""How long is the tennant a resident there?""

    For a 11 months ,they have a baby and leaving because of anti-social neighbors. I didnt have any problems with the tenants.


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  • #7
    Darlughda
    Closed Accounts Posts: 1,886 ✭✭✭Darlughda


    peter93 wrote: »
    Hello all,

    My tenant is moving out next weekend,they are late with last rent payment for a 7 days.I`m scared that they will use deposit as last rent.At the same time they are telling me that they will pay,but they are avoiding and keep promising.They are on SW and house still same as they moved in and I did not registered with PRTB.

    You are not registered with PRTB. You are legally required to do so. Shame on you and other rogue amateur landlords like yourself! :mad:

    Decent tenants have to deal with the likes of you. Disgraceful.


  • #8
    the_syco
    Registered Users, Registered Users 2 Posts: 37,316 ✭✭✭✭the_syco


    peter93 wrote: »
    For a 11 months ,they have a baby and leaving because of anti-social neighbors. I didnt have any problems with the tenants.
    They could stay there for an extra 5 months, not pay rent, and you wouldn't be able to do jack sh|t about it. Be grateful that they're leaving the place in good condition.


  • #9
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    If they are moving out with 2 weeks rent owed and you have 4 weeks rent as a deposit, and the house is in good condition what are you worried about? Unless of course you haven't kept their deposit separately from your income and are depending on the rent to pay your mortgage?

    Are you declaring the income for tax and just not PRTB registered, or are you not paying tax?


  • #10
    deisedevil
    Registered Users, Registered Users 2 Posts: 3,252 ✭✭✭deisedevil


    My friend is going doing the exact same thing to his landlord. The landlord doesn't give a crap about all the broken bits and pieces and other things he was supposed to install as part of the contract. He just kept ignoring his calls and texts.

    The house is now in a better condition than when he moved in because he sorted it all out. The landlord has been getting tons of letters saying he is behind on his mortgage also all the way through the year and after being screwed over in the past by dodgy landlords my friend has decided he isn't willing to chance it and wait and see if the landlord will be decent and hand over the deposit.

    You are lucky OP, they are giving you the house back in good condition. If you are stuck for the rent money then use the deposit they already gave you. You still have their deposit.............don't you........


  • #11
    super_furry
    Registered Users, Registered Users 2 Posts: 27,349 ✭✭✭✭super_furry


    I don't blame your tennants for witholding their last months rent. You're not registered with the PRTB, what comeback do they have if you decide to just keep it?


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  • #12
    Darlughda
    Closed Accounts Posts: 1,886 ✭✭✭Darlughda


    super_furry wrote: »
    I don't blame your tennants for witholding their last months rent. You're not registered with the PRTB, what comeback do they have if you decide to just keep it?

    Actually, tenants still retain their full rights regardless if a landlord is registered with PRTB or not. They can still take a case against him.

    However, the OP cannot. One of the rights he loses as a landlord in failing in his legal requirement to register with PRTB is that he cannot take a case against his tenants. :pac:


  • #13
    deisedevil
    Registered Users, Registered Users 2 Posts: 3,252 ✭✭✭deisedevil


    Darlughda wrote: »
    Actually, tenants still retain their full rights regardless if a landlord is registered with PRTB or not. They can still take a case against him.

    However, the OP cannot. One of the rights he loses as a landlord in failing in his legal requirement to register with PRTB is that he cannot take a case against his tenants. :pac:

    Is that really true? Deadly. My friend is sorted so, he can hold off on the last month rent and leave without his deposit and there's nothing at all the landlord can do about it. Is that right?


  • #14
    Darlughda
    Closed Accounts Posts: 1,886 ✭✭✭Darlughda


    deisedevil wrote: »
    Is that really true? Deadly. My friend is sorted so, he can hold off on the last month rent and leave without his deposit and there's nothing at all the landlord can do about it. Is that right?

    The tenant is in the wrong if he uses his deposit as the last month's rent, without a personal agreement with themself and the landlord. However, this practice is common, as most there is a huge problem with landlord retaing deposits.

    If the landlord is registered with PRTB he/she can bring a case against that tenant.

    However, if the landlord is not registered, he/she leaves himself open to this kind of practice without being able to do a damn thing about it.


  • #15
    Azureus
    Registered Users, Registered Users 2 Posts: 2,130 ✭✭✭Azureus


    In the last place I lived, the landlord sent messages like the one you are referring to and it is really NOT a nice thing to do, regardless of the rent situation. I dont know what your previous relations are with this tenant, but you have said you had no problems with them as such so Im assuming its relatively good.

    Send a text to apologise for your rash message, but that they have put you in a stressful position with rent and you hope they can come to some sort of agreement. This will explain your unintentional threatening tone as well as possibly getting the tenant to emphathise with you.

    If it makes you feel any better, my landlord sent multiple messages worse than that, as well as screaming at me and throwing my stuff out the front door because the oven (broken, that they never fixed) wasnt clean and we had left a few clean glasses in the press (unfurnished, so she flipped). I also got a voicemail and multiple calls from various numbers which I stopped answering .When reposted to PRTB they did nothing about it and thereshold just told me to ignore it, so I imagine there will be no comeback.

    Its not very nice though, so apologise and sort it out directly with your tenant, theres no need for bad blood over one rent payment. As others have said, you have left yourself open to this by not registering, so count it as lesson learned.


  • #16
    Balmed Out
    Registered Users, Registered Users 2 Posts: 4,730 ✭✭✭Balmed Out


    As a tennant I dont see what he did is all that wrong....... surely a landlord has every right to get pissed if the rent is a week late


  • #17
    BostonB
    Closed Accounts Posts: 18,056 ✭✭✭✭BostonB


    Balmed Out wrote: »
    As a tennant I dont see what he did is all that wrong....... surely a landlord has every right to get pissed if the rent is a week late

    Indeed. But that isn't the way to deal with. TBH txt messages are completely unprofessional in this situation. Rent is late, send a warning letter. Follow the correct process. Register with the PTRB. They maybe be useless, (for a landlord) but you risk a fine if you don't.

    If the house is reasonable, and they use the deposit as the last months rent, after months of no problems, that is a good result. Certainly no need for that out burst. Apologies a lot, the LL completely overreacted. If your going to get that wound up, you're in the wrong business.

    Tenants should not use their deposit as rent. Its the same as refusing to pay rent, you'd be entitled to give them an official warning for that. Reporting them is a bit much unless you actually have a problem with them.


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