Getting evicted

dienbienphu

hi,

i was due to pay a months rent to my landlord on monday. i didnt have the money. i asked the landlord would he be willing to accept my deposit as the months rent since im moving out at the end of the month. he said hes not going to accept it and will evict me on friday if i dont produce the rent. i contacted my college and they told me i was entitled to 4 weeks notice before been evicted and he said he didnt care. he said he would pack my stuff and throw it outside the door. i felt quite intimidated and reported him to the guards but they didnt do anything. i cant find the money anywhere and i have exams starting next week!

what should i do?

Faolchu

pretty sure he cant legally do that i mean you're only a fe day late for god sake. contact the RPTB and threshold about it.

SteoL

Contact Threshold. Legally landlord must give you 28 days notice of termination after an initial request for payment of rent which is 2 weeks. So you should have at least 42 days before he can evict you.

rick_fantastic

dienbienphu wrote: »

hi,

i was due to pay a months rent to my landlord on monday. i didnt have the money. i asked the landlord would he be willing to accept my deposit as the months rent since im moving out at the end of the month. he said hes not going to accept it and will evict me on friday if i dont produce the rent. i contacted my college and they told me i was entitled to 4 weeks notice before been evicted and he said he didnt care. he said he would pack my stuff and throw it outside the door. i felt quite intimidated and reported him to the guards but they didnt do anything. i cant find the money anywhere and i have exams starting next week!

what should i do?

you should pay your rent as agreed with the landlord. why should the landlord be out of pocket so you can live the easy life? its not their problem you have exams / cant find the money.

while its totally illegal, i wouldnt assume that it wont happen...

many landlords take this approach and deal with the fallout later...

id start looking for friends places to crash while you finish your exams or commute from home.

good luck

quozl

If the landlord does what he has threatened he will lose the subsequent PRTB case and you will be awarded compensation.

It would be completely illegal of the landlord.

I can't guarantee he isn't stupid enough to do if, of course, but if he does and you report it to the PRTB (which you should) he will regret it.

Obviously you should be paying him his rent, as agreed, but if you cannot then there are laws to be followed and what he is threatening falls far outside them.

Talk to threshold.

ztoical

Speak to Threashold and the PRTB. While you legally have to pay your last months rent and can't use your deposit, he can't evict you in such a quick manner for none payment of rent. He needs to isse you with a notice to pay with 14 days of the notice being issued and only then can he start an evication process were in he must give you 28 days [there are different lengths depending on the type of tenancy but its most likely 28 days] If he enters the property, moves your belongings, changes the locks etc etc that is an illegal eviction so make sure you stress to him that you are aware of your rights, might be enough to scare him off while you sort paying your outstanding rent and moving out at the of the month.

dienbienphu

thanks for the replies

so if he evicts me illegally how much compensation would i be due?

ive spoken to threshold and the prtb and they just gave adice saying 'he cant do that' but the fact is he will do it

rick_fantastic

see now posters, you putting the $$$ in the eyes of the OP...

@ OP - IF and its a BIG IF your case makes it to court, which your looking at maybe three years before thats going to happen, you *may get something... but i wouldn't be counting on it...

Have you confirmed your landlord is PRTB registered?

at BEST you will get a judgement against the landlord which doenst necessarily mean you will actually get any cash...

go and borrow your rent money / take responsibility for your actions....

Ray Palmer

Legally it can't do it but he might simply not care. He may be a bully but the simplest solution is to get him the rent money. If you even get the case to court it will take a long time.

Sir Oxman

The OP will win their case if this landlord is stupid enough to go through with his threat.
There are no ifs and buts and maybes about it.

SteoL

rick_fantastic wrote: »

see now posters, you putting the $$$ in the eyes of the OP...

Wasn't my intention and disappointed to see that post by the OP I must be honest.

quozl

rick_fantastic wrote: »

@ OP - IF and its a BIG IF your case makes it to court, which your looking at maybe three years before thats going to happen, you *may get something... but i wouldn't be counting on it...

Shocking mis-information. It's better not to reply rather than to just guess at it if you don't know what you're talking about. The other is just misleading.

Firstly, it won't go to court, it'll go to the PRTB. The fact that you don't understand that speaks volumes about your quality of advice in relation to this matter.

Have you confirmed your landlord is PRTB registered?

It doesn't matter to the tenant in this case. The landlord does not need to be registered with the PRTB in order for the tenant to make a complaint to the PRTB.

For false eviction "the tenants may claim compensation from the PRTB of up to €20000." - http://www.citizensinformationboard.ie/publications/relate/relate_2010_4.doc

I've never heard of a figure like that being awarded, I assume it would be with serious aggravating circumstances. However 5000 would not be surprising.

As to $$$ signs. I don't like an attitude of trying to extract money from someone and I would suggest that the OP explain to the landlord that he knows his rights and the likely out-come for the landlord if he proceeds with his threat. However if the landlord then actually does proceed with his threat the OP should go to the PRTB. A fine - which this would pretty much amount to - would almost certainly stop such a landlord illegally evicting any future tenants. A landlord who would do that - especially over a few days delay - is scum, frankly, and would need to be held to account.

rick_fantastic

gambiaman wrote: »

The OP will win their case if this landlord is stupid enough to go through with his threat.
There are no ifs and buts and maybes about it.

Gambiaman - there are plenty of Ifs / Buts / Maybes

If the landlord can prove there is a history of non payment of rent / other issues...

If the tenant has been previously warned for non payment of rent..

At the end of the day, there is prob a lease in place, which the OP has broken by not paying the rent in the first place... this goes against tenant IF it

There is LOADS of illegal evictions happening in Ireland all the time.. .VERY few of them make it to court / any action taken.

rick_fantastic

@ OP -

Make sure you have all correspondence with your landlord in writing. this will be essential if your going to go to PRTB.

Pay your rent!

rick_fantastic

rick_fantastic wrote: »

Gambiaman - there are plenty of Ifs / Buts / Maybes

If the landlord can prove there is a history of non payment of rent / other issues...

If the tenant has been previously warned for non payment of rent..

At the end of the day, there is prob a lease in place, which the OP has broken by not paying the rent in the first place... this goes against tenant IF it

There is LOADS of illegal evictions happening in Ireland all the time.. .VERY few of them make it to court / any action taken.

quozl wrote: »

Shocking mis-information. It's better not to reply rather than to just guess at it if you don't know what you're talking about. The other is just misleading.

Firstly, it won't go to court, it'll go to the PRTB. The fact that you don't understand that speaks volumes about your quality of advice in relation to this matter.


It doesn't matter to the tenant in this case. The landlord does not need to be registered with the PRTB in order for the tenant to make a complaint to the PRTB.

For false eviction "the tenants may claim compensation from the PRTB of up to €20000." - http://www.citizensinformationboard.ie/publications/relate/relate_2010_4.doc

I've never heard of a figure like that being awarded, I assume it would be with serious aggravating circumstances. However 5000 would not be surprising.

As to $$$ signs. I don't like an attitude of trying to extract money from someone and I would suggest that the OP explain to the landlord that he knows his rights and the likely out-come for the landlord if he proceeds with his threat. However if the landlord then actually does proceed with his threat the OP should go to the PRTB. A fine - which this would pretty much amount to - would almost certainly stop such a landlord illegally evicting any future tenants. A landlord who would do that - especially over a few days delay - is scum, frankly, and would need to be held to account.

sorry a mistake on my part = PRTB / Court same thing in this instance.

Mr. Presentable

This is why I would never be a landlord. The only leverage a LL has is to evict you if you don't pay, but that's not allowed.

Recall the Bray case a couple of years ago where she paid no rent for months on end and the LL ejected her? She was compensated at his expense.

PRTB is a joke from the LL poiny of view.

OP, you owe the rent and should pay it, but there's sod all he can legally and effectively do if you don't.

quozl

True. If he had any cop on he would offer to accept the deposit in lieu of rent on condition that he inspects the premises beforehand. This leaves him vulnerable to any damage the OP caused but that is better than his current approach!

It's not a good situation for the landlord but he is going about things the wrong way. I would guess he is just hoping to scare the OP into finding the money somewhere. Alternatively he may be an idiot.

ztoical

rick_fantastic wrote: »

Gambiaman - there are plenty of Ifs / Buts / Maybes

If the landlord can prove there is a history of non payment of rent / other issues...

If the tenant has been previously warned for non payment of rent..

At the end of the day, there is prob a lease in place, which the OP has broken by not paying the rent in the first place... this goes against tenant IF it

There is LOADS of illegal evictions happening in Ireland all the time.. .VERY few of them make it to court / any action taken.

Those evictions take place because people aren't aware of their rights. The fact is when it comes to tenancy law it is weighted very much in favor of the tenant. Just ask the LL's who've posted looking to evict a tenants who've stop paying rent months ago and have no intention of moving and the LL are told by the law they can't do anything.

There is a proceedure for evicting someone that the LL has to follow and it doesn't matter what sort of tenant the OP has been if the LL shows up and chucks their belongings out and changes the locks they are in the wrong end of.

I do agree that the OP's attitude of how much money they could get out of this is distasteful and pretty much every poster has told them they need to pay the rent. No one is saying hey live there for free ha ha, they are simply imforming the OP of their rights as a tenant and as it stands they can't be evicted for being a few days late with the rent. As they are moving out at the end of the month it's most likely they will ride out the month and not get their deposit back.

rick_fantastic

the attitude of renters in this country STINKS...

saying that the attitude of ALOT of the landlords is terrible too...

SteoL

rick_fantastic wrote: »

the attitude of renters in this country STINKS...

saying that the attitude of ALOT of the landlords is terrible too...

:rolleyes:

Yeah same way all cops are pigs, all priests are paedos etc etc. :rolleyes: :rolleyes: :rolleyes:

Such a country for tarring everyone with the same brush, makes me ashamed to be Irish sometimes.

Raskolnikov

rick_fantastic wrote: »

There is LOADS of illegal evictions happening in Ireland all the time.. .VERY few of them make it to court / any action taken.

You are completely wrong.

http://public.prtb.ie/tribunal2010.htm

There are hundreds of proceedings currently going on just for the year 2010 when a landlord illegally evicted a tenant. Some of the judgments passed against landlords are 5-figure sums.

OP: If the landlord evicts you illegally, he has broken the law and will be liable for all your expenses. Keep all receipts related to costs you have incurred. Keep all correspondence you have gotten from the landlord.

I hope you fight this, don't let this bully walk all over you.

rick_fantastic

So, if you check the report with subject of dispute, you will see that there was 23 cases for "Unlawful termination of tenancy"

The majority of the cases is for deposit retention on landlord.

So from the unknown number of illegal eviction there is 23 cases of determination against the landlord for illegal eviction...

and on a quick scan through them there is only a couple where the fine / compensation exceeds €1k

odds_on

PRTB Dispute Ref: DR1573/2008
Claim brought by tenants (who don't appear to have breached their obligations).
Decision:
Landlord shall pay €5,190 being
€1,500 for a breach of the Respondent Landlords obligations for unlawfully entering into the tenancy of the dwelling on 7 December 2008; €3,000 for illegally and unlawfully evicting the Applicant Tenant from the above premises; €450 retained security deposit and €240 for damage caused to Applicant Tenants belongings.

However, OP has also breached his obligations by not paying the rent. Have some witnesses the day the landlord threatens to evict. He will be acting highly illegally. If he tries to enter the property call the garda.

the_syco

dienbienphu wrote: »

he said he would pack my stuff and throw it outside the door.

Tell him if he does this you'll sue him for illegal eviction... but if you don't have money for rent, will you have money for a lawyer?

quozl wrote: »

Firstly, it won't go to court, it'll go to the PRTB. The fact that you don't understand that speaks volumes about your quality of advice in relation to this matter.

What's the backlog with the PTRB? Also, dot he PTRB have much legal bite?

quozl wrote: »

True. If he had any cop on he would offer to accept the deposit in lieu of rent on condition that he inspects the premises beforehand.

Student house can equal a messy leaving party that leaves the place in disrepair, thus if the landlord has more than two years renting experience, I can't see them doing this.

smcgiff

Sorry for the Landlord in this case... pity he didn't look for a larger deposit.

Mr. Presentable

Raskolnikov wrote: »

You are completely wrong.

http://public.prtb.ie/tribunal2010.htm

There are hundreds of proceedings currently going on just for the year 2010 when a landlord illegally evicted a tenant. Some of the judgments passed against landlords are 5-figure sums.

OP: If the landlord evicts you illegally, he has broken the law and will be liable for all your expenses. Keep all receipts related to costs you have incurred. Keep all correspondence you have gotten from the landlord.

I hope you fight this, don't let this bully walk all over you.

But the OP didn't pay his rent! Show some judgments where the LL has ANY rights. His LL has no recourse to occupy his own property :eek: The OP ceases to rent when he stops paying. Still the LL is screwed.

I get it that some LLs are monsters, but at least a tenant has all the law on his side - even when he is the agreement breacher. The Landlord has nothing.

not even wrong

Mr. Presentable wrote: »

But the OP didn't pay his rent!

He is unable to pay his rent, and offered the landlord a reasonable compromise which would not leave the landlord out of pocket. In response he got threats of illegal eviction. I know whose side my sympathies lie on....

djmcr

smcgiff wrote: »

Sorry for the Landlord in this case... pity he didn't look for a larger deposit.

Maybe, just maybe the landlord has spent deposit already and had planned on screwing the OP out of it (can't say it doesn't happen).

the_syco

not even wrong wrote: »

He is unable to pay his rent, and offered the landlord a reasonable compromise which would not leave the landlord out of pocket. In response he got threats of illegal eviction. I know whose side my sympathies lie on....

In some of the student houses I've rented in the past, there has been people in the house who caused damage during the "finished the exams" party. So, the student tells landlord to use the deposit for the last months rent. Not reasonable, as it gives the landlord no comeback if the student thrashes the place.

3DataModem

dienbienphu wrote: »

so if he evicts me illegally how much compensation would i be due?

Aha. Things become clearer.

What did you spend your rent money on OP?

Osgoodisgood

not even wrong wrote: »

He is unable to pay his rent, and offered the landlord a reasonable compromise which would not leave the landlord out of pocket

You're assuming that the property is in good condition of course. Have you ever rented a property to students?

In response he got threats of illegal eviction. I know whose side my sympathies lie on....

Indeed. Your prejudice is quite clear.

Osgoodisgood

djmcr wrote: »

Maybe, just maybe the landlord has spent deposit already and had planned on screwing the OP out of it (can't say it doesn't happen).

Or maybe the dog ate it. Or Mork took it.

Or possibly the tenant hasn't offered all of the relevant information.

dienbienphu

hi,
my lease began on the 2nd of april and was due to end the second of june. it was short term accomodation only. ( and the chances of damage occuring within that time are slim )
i paid a deposit and months rent up front. i was planning to have a job by now but it fell through. i contacted st vincent the paul and they would be able to help but it would be next week at the earliest.

paky

Mr. Presentable wrote: »

But the OP didn't pay his rent! Show some judgments where the LL has ANY rights. His LL has no recourse to occupy his own property :eek: The OP ceases to rent when he stops paying. Still the LL is screwed.

I get it that some LLs are monsters, but at least a tenant has all the law on his side - even when he is the agreement breacher. The Landlord has nothing.

thats not true. the law doesnt favour the tenant. a landlord can terminate an agreement within six months if it suits him. if a tenant does this he loses his deposit. tell me how the law favours the tenant in this situation?

rick_fantastic

dienbienphu wrote: »

hi,
my lease began on the 2nd of april and was due to end the second of june. it was short term accomodation only. ( and the chances of damage occuring within that time are slim )
i paid a deposit and months rent up front. i was planning to have a job by now but it fell through. i contacted st vincent the paul and they would be able to help but it would be next week at the earliest.

Hi OP, are you in receipt of grant? Have you tried the Student Assist Fund in your college? The Welfare Officer or Grant Officer?

So your effectively in a short term lease for a few months and on second month you cant pay your rent???? or are you in lease since april 2010?

If your only there since April 2nd this year and you cant make the first rental payment, I'd kick you out on your ass too.

dienbienphu

rick_fantastic wrote: »

Hi OP, are you in receipt of grant? Have you tried the Student Assist Fund in your college? The Welfare Officer or Grant Officer?

i got the student assistant fund before christmas. they will only give it once.
i was in receipt of the grant which was 3000 but that has been spent. im so close to finishing college after such a difficult year.

rick_fantastic wrote: »

So your effectively in a short term lease for a few months and on second month you cant pay your rent???? or are you in lease since april 2010?

no april of this year

rick_fantastic wrote: »

If your only there since April 2nd this year and you cant make the first rental payment, I'd kick you out on your ass too.

thanks thats very reassuring

Joey the lips

The landlord knows the risks when renting. You just cannot evict and get rid of a tenent that easy. If the landlord is stupid enough to try it then the landlord deserves to be brought to court.

As for the tenent. Its a renters market at the moment so references wont be necessary but I would always keep a bank statement showing my payments of rent to the landlord. It acts as proof you paid rent if the landlord does not give you a reference.

dienbienphu

Joey the lips wrote: »

The landlord knows the risks when renting. You just cannot evict and get rid of a tenent that easy. If the landlord is stupid enough to try it then the landlord deserves to be brought to court.

As for the tenent. Its a renters market at the moment so references wont be necessary but I would always keep a bank statement showing my payments of rent to the landlord. It acts as proof you paid rent if the landlord does not give you a reference.

i have a rent book and the tenancy agreement is in that. will that do as evidence if he goes through with it?

Ray Palmer

In fairness you are a terrible tenant and would anger most normal people if after a month you can't afford the rent and are already moving out.

Do the right thing yourself and move out without any fuss. Try to get a friend to put you up for the month while you do your exams. Why exactly do you feel the landlord should put up with your behavior? I know you have him on a legal point but morally you got to admit it is bit on the low side.

dienbienphu

Ray Palmer wrote: »

In fairness you are a terrible tenant and would anger most normal people if after a month you can't afford the rent and are already moving out.

Do the right thing yourself and move out without any fuss. Try to get a friend to put you up for the month while you do your exams. Why exactly do you feel the landlord should put up with your behavior? I know you have him on a legal point but morally you got to admit it is bit on the low side.

i offered the man a compromise but he rejected it. he then made illegal threats to evict me? what do u expect me to do?
the contract is till the 2nd of june. i am a student. to be honest i think the landlord is a complete low life bully who thinks he can getaway with intimidating students.
i'll excercise my rights if i have too. thats what they're there for

rick_fantastic

Whats this compromise you talk about...? Trying to use your security deposit as rent isnt a compromise, its a demand to suit YOU!

So you rent a place, knowing full well that you cant afford to pay the rent, cop on to yourself...

You refuse to pay your rent and then claim the landlord is "bullying" you to pay your rent or leave the property...

Back to your mothers teat there, your not mature enough for the real world.

dienbienphu

rick_fantastic wrote: »

Whats this compromise you talk about...? Trying to use your security deposit as rent isnt a compromise, its a demand to suit YOU!

So you rent a place, knowing full well that you cant afford to pay the rent, cop on to yourself...

You refuse to pay your rent and then claim the landlord is "bullying" you to pay your rent or leave the property...

Back to your mothers teat there, your not mature enough for the real world.

my mothers a full blown alcoholic. i wish i could turn to her but i cant

rick_fantastic

sorry to hear that but its still not an excuse for you not having your act together.

you need to check with PRTB and Threshold your rights since your only in the tenancy for 1 month and cant pay rent already... short term tenancies dont carry same rights AFAIK.

i dont think you have same rights are someone who has been in residence for longer period...

Also just a thought... are you renting a room / house / full apartment... if you are renting a room in share accomodation then I doubt your a leaseholder, in that case the PRTB wont want to know. more than likely you have a sub licensee agreement which give you little or no rights.

dienbienphu

rick_fantastic wrote: »

sorry to hear that but its still

ya but still

SteoL

Rick is correct. IIRC if the tenancy is under 6 months the LL can evict you without having to give a reason. However, notice periods etc still apply so he can't just "turf" you out on the street.

unclejunior

rick_fantastic wrote: »

sorry to hear that but its still not an excuse for you not having your act together.

you need to check with PRTB and Threshold your rights since your only in the tenancy for 1 month and cant pay rent already... short term tenancies dont carry same rights AFAIK.

i dont think you have same rights are someone who has been in residence for longer period...

Also just a thought... are you renting a room / house / full apartment... if you are renting a room in share accomodation then I doubt your a leaseholder, in that case the PRTB wont want to know. more than likely you have a sub licensee agreement which give you little or no rights.

its a good thing that you familiarise yourself with the law if you think landlords can go around evicting tenants without any regard of the law.

the tenant has every right to request 28 days notice. he already offered his deposit up.
the law states that he must get 28 days notice. nobody should be above the law.

OP you should make an example of this guy if he illegally evicts you. there are too many gombeen landlords in this country who think they can do what they like with out any respect for peoples human right to a home.
make a stand against this scumbag. if it takes 3 years to get him to court, do it. he will think twice about doing it again

rick_fantastic

the landlord also has a right to expect payment of rent on the due date without issue.

the tenant has an obligation to pay the rent on time without issue.

the OP hasn't clarified if they are a leaseholder, sub licensee tenant or renting a room.

this makes a huge difference in regards to the rights of the tenant and also in the eyes of the PRTB.

sub licensee tenants can be asked to leave at 7 days notice.

unclejunior

rick_fantastic wrote: »

the landlord also has a right to expect payment of rent on the due date without issue.

thats why legislation like this exists. its unrealistic for landlords not to forsee something like this happening. the landlord needs to get a reality check. this isnt the 1800s.

Ray Palmer

dienbienphu wrote: »

i offered the man a compromise but he rejected it. he then made illegal threats to evict me? what do u expect me to do?
the contract is till the 2nd of june. i am a student. to be honest i think the landlord is a complete low life bully who thinks he can getaway with intimidating students.
i'll excercise my rights if i have too. thats what they're there for

You are a chancer and not willing to take responsibility for your own actions.

So what if you are a student you agreed to pay rent you couldn't afford and are surprised that the landlord gets angry and threatens you. He is not threatening you because you are a student it is because you are trying to stiff him on rent after being there a month. The rights are there to protect people who need protection you are using them like a weapon because you can't afford your rent which you knew before you signed an agreement.

Grow up take responsibility and stop trying to play the victim when it is the landlord that is actually the victim.

What people said about your question about how much you would get is very apparent now.

rick_fantastic

its also unrealistic for tenant to expect to live in a property rent free cos they couldn't be arsed budgeting there money properly.

its also bad form and wrong to think your security deposit can be used as last months rent.

unclejunior

rick_fantastic wrote: »

its also unrealistic for tenant to expect to live in a property rent free cos they couldn't be arsed budgeting there money properly.

its also bad form and wrong to think your security deposit can be used as last months rent.

seems to me the landlord would of gotten the money either way. i bet hes just sorry he couldnt get a chance to skim the ops deposit before he gave it back to him. the landlord sounds like a pr.ick. any reasonable person would accept the deposit if the tenant was stuck for money. hes made it quite clear he has no money but the landlord just doesnt care. seems quite odd to me. if he evicts the tenant, he will still get the money but will be facing legal action from the tenant if this happens.