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Social Welfare Tenant Disaster

  • 26-09-2012 10:32am
    #1
    Registered Users, Registered Users 2 Posts: 145 ✭✭


    HI - can someone please give me advice here.

    I rented out my apartment to a girl and her daughter on social welfare. She said she would supply the €700 deposit herself on the day of moving in. She gave me a €150 security deposit. On day prior to her moving in, i was going to be away the next day so I gave her the key and said I would be over the next evening ( as she said she would have the rest of the deposit the next day ) On the next evening she said the social would come out and oversee apartment on the following day and pay deposit , i said fine. Then when social came they said they would send cheque at end of month but she said she would get it to me the following week - as i said this had been our agreement! I have so far got another €150 & €130 off her. She is there 3 weeks now.

    I am constantly chasing her - she wont ring me when she says she will.

    She said the rent would be lodged by the social yesterday - nothing has arrived. I have said I am considering ending the lease.

    I actually cant afford to not have all this money, and her lies are too much for me now. Its like when I am talking to her she is saying I will definetely call you tomorrow, no problem. And then she just doesnt call and when i ask her - no excuses , just ah well i forgot.

    Anybody have social welfare tenants - are the payments always bad like this?

    What are my options?

    Thanks


«13

Comments

  • Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    This is the main thing that pops up again and again and again.

    If a person on RA doesn't have the deposit and first months rent in hand when they go to sign the lease and collect the keys, walk away. Most of the time they are the worst case Rent Allowance tenants. Rent Allowance is only paid in arrears by the way so she won't receive any money from them until the end of the month every month.

    The good tenants will generally be like normal private renting tenants. Deposit and months rent as lease is signed. It shows they can save even on low incomes and will have money for the rent. Then when the 1st months rent allowance comes in, cos they paid out of their own pocket they can use that as the second month. That way the rent is always paid in advance as it should on the agreed date. It's a simple thing that many people overlook. If you agree to take it in installments, it generally turns out the way it is now. You'll get it bit by bit and always a tale about waiting from social welfare office or they haven't gotten it yet, but will next week.

    Rent Allowance always gets paid in arrears. Remember that when she's telling you next month that she hasn't gotten it yet but is expecting it at the end of the week. It's usually paid into the bank account on the last Thursday of the month btw.


  • Registered Users, Registered Users 2 Posts: 145 ✭✭Carriexx


    Thanks Yawms, I know its a mess. So she moved in Sept 4th - does that mean they pay a month in arrears - will i get it this month ? or end of next month?


  • Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    She moved in the 24th. If she's paid by bank account she prob won't get paid until last Thursday in October. That's only if all the documentation is sent in and been processed. Some people wait for a few months before getting Rent Allowance paid to them. They get it all backdated but the ban tenants won't pay you in the mean time. The good ones will pay the rent on time anyway.

    I know a couple who were as bad as tenants could be. They didn't get it sorted for about 5 months and didn't pay anything in the mean time. There are good people out there too on Rent Allowance so I do try not to tar but I fully understand the frustration with dealing with Rent Allowance tenants. I'm one too currently. Rent is paid on time along with all bills.


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


    You let someone move in without a deposit and 1 months up front. Seriously what were you thinking. RA might not get set up for months and month. The problem isn't the tenant. Its you. The tenant is taking advantage because you haven't a clue what you are doing. Maybe shes as equally clueless but I doubt it. This will only get worse. End it now. And do it properly read up on how you do it legally. And be aware how useless that process is. I hope it all works out though.


  • Registered Users, Registered Users 2 Posts: 145 ✭✭Carriexx


    BostonB wrote: »
    You let someone move in without a deposit and 1 months up front. Seriously what were you thinking. RA might not get set up for months and month. The problem isn't the tenant. Its you. The tenant is taking advantage because you haven't a clue what you are doing. Maybe shes as equally clueless but I doubt it. This will only get worse. End it now. And do it properly read up on how you do it legally. And be aware how useless that process is. I hope it all works out though.


    Boston, thanks for that.


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  • Closed Accounts Posts: 947 ✭✭✭zef


    Sometimes people get paid RA weekly, are you sure she will be getting a monthly cheque?
    Also best to have the cheque made out to your bank acc. number, and not to her.
    Maybe she is not taking advantage, and is stressed out over it too.
    I hope you can work it out, the system is flawed in the waiting time for RA to be approved.
    She might have 'rights' after being there 3 weeks with her daughter , no?


  • Registered Users, Registered Users 2 Posts: 8,184 ✭✭✭riclad


    As far as i know all rent allowance tenants get paid 1 cheque monthly,IT would be incredibly complex if not impossible,to start paying rent allowance,by the week, i was on ra.
    ANY landlord should expect a deposit plus 4 weeks, rent minimum ,before tenant move in.thats at least 7- 800 euro.
    you can get advice from centrecare or threshold,say tenant moves in today, it may be 3 to 4 weeks before she gets the 1st cheque.
    She should have got a deposit cheque in first week.

    i know a landlord takes ra tenants, he gets deposit and 4 weeks rent
    before you get a key to the flat.
    i dont want to be rude ,but, you should understand how the ra,system works or else stick to private tenants.
    depends on the rent ,the tenant on ra pays about 20 per cent, a single mother might pay ten per cent ,approx ,of the rent ,
    the cheque covers the rest.
    the cheque maybe sent by post or else lodged in her bank account.

    i,d say most landlords who take ra, know the system inside out.
    i dont know ,there maybe a delay ,it should,nt take more than six weeks to get the first cheque, in the first week,her welfare officer
    should have the forms,plus bout 5 documents, bank statement etc
    in order to process ,accept the application.
    if theres a delay,the tenant will get all the back rent,
    rent allowance,cheques, then its up to her to pay it to you.
    She may be just avoiding you, cos shes waiting for cheque no1 to arrive.
    you can go to the health centre or centrecare and find out how system works .
    re processing ra forms.,cheques in general.
    i would get a cheque once a month ,by post, always the first wednesday of the month.
    i cant remember exactly, i think i got 1st cheque after 5 weeks,
    there certainly was not months of delay.
    i heard of some people getting the cheque 1 week late,
    ie after 5 weeks ,but thats unusual ,once your claim is processed,and accepted.
    i think after 2 weeks, living there, the welfare officer visited to check, i was living there,
    thats standard procedure.
    i,ve never heard of anyone getting a ra,cheque weekly, that would be expensive on postage ,processing,there s at least 40 thousand people on ra.

    IF someones living there on ra, its crazy after 3 weeks,
    to think ,oh ill give her notice to quit.

    Thats why you get a large deposit, plus 4 weeks rent , as a form of insurance .
    And to show the tenant is reliable.


  • Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    Some places in the country do get it weekly along with their jobseeker's allowance in the post office for example. I was going to suggest that but the OP has a location as Kildare so most likely the tenant will be dealing with the Central Rents Unit in Dublin. They do it on a monthly basis and not weekly. People in Longford get it on a weekly basis.


  • Registered Users, Registered Users 2 Posts: 4,006 ✭✭✭MistyCheese


    riclad wrote: »
    i,ve never heard of anyone getting a ra,cheque weekly, that would be expensive on postage ,processing,there s at least 40 thousand people on ra.

    I know two people in Dublin who receive a weekly Rent Supplement cheque and lots of people who get it weekly through the Post Office.


  • Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    I have known quite a number of people who were waiting a number of months for RA to kick in. It can be pretty straight forward. I did find that when I was in Longford it was a few basic forms and some info submitted and that was that. In Kildare when dealing with the Central Rents Unit, it was a lot more info looked for and things such as a solicitor's letter stating who owned the house.

    If I couldn't give a solicitor's letter, I needed a copy of the deeds or mortgage. As if any LL would give a prospective tenant a copy of deeds or mortgage agreement...


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  • Registered Users, Registered Users 2 Posts: 8,184 ✭✭✭riclad


    I looked at a ra,form a few months ago, ,it says letter from bank stating landlord has a mortgage on the house, or copy of the deeds,
    ie landlord should have a letter ,saying ,i paid x amount on the mortgage in 2011.
    perhaps some landlords don,t take ra cos of the extra paperwork involved.
    NO one is forced to take on a ra tenant,
    the councils also have a scheme they get a tenant,for say 2 years,
    the council gaurantees the rent, they choose the tenant.
    a letter saying joe bloggs paid interest on mortgage to bank x,


    on house x in 2011 would probably be enough.
    maybe different areas ,countys have slightly different
    ra procedures.
    i think its natural you take a tenant on ra ,there might be some delay in the first month.
    Thats why you ask for a large deposit.
    i dont think they require the full mortgage agreement.
    i,d see no point in them sending out ra cheques to
    every tenant ,every week,
    it seems very unnecessary.i,m not saying it doesnt happen.
    i think after 3 weeks ,is very early to be panic, ing about this.
    the welfare officer needs to know the landlord owns or has a mortgage
    on the house,
    IN order to verify this is a legal tenancy,and to prevent fraud.


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


    riclad wrote: »
    ...
    NO one is forced to take on a ra tenant, ....

    One tactic I've seen is to pay the deposit the first couple of months rent then tell the LL the need to claim RA. At which point the LL can't refuse it.


  • Registered Users, Registered Users 2 Posts: 4,310 ✭✭✭Pkiernan


    OP:

    You are about to be financially screwed. You will find out how hard it is for a LL to evict a scumbag tenant.

    You must now issue in writing a 14 day notice of arrears. The tenant has 14 days to pay the arrears.

    After the 14 days has elapsed, if the rent has not been paid, you can serve a 28 day notice of of termination of the tenancy.

    At this point if the tenant still refuses to leave, you are in a mess, as it will typically take over a year to get them out during which time they will probably not be paying you a penny in rent.

    Get on the the PRTB immediately.

    Visit irishlandlord.com asap for more info on how to get the above notices correct (they have to be right, otherwise they are not valid notices).

    Good luck getting this filth out of your house. Remember you experience and relate it to any left wing politicians who come looking for your vote in the future.


  • Registered Users, Registered Users 2 Posts: 4,310 ✭✭✭Pkiernan


    Note that termination of tenancy does not mean eviction - eviction can only happen after the tenancy has been terminated.


  • Registered Users, Registered Users 2 Posts: 8,488 ✭✭✭Goodshape


    Pkiernan wrote: »
    ...a scumbag tenant..

    ...

    Good luck getting this filth out of your house.

    That's harsh. You have no idea who this girl is except that she's unable to pay rent for herself and her daughter.

    That doesn't change the landlords position ( = the subject of this thread), but scumbag filth? Bit harsh.


  • Closed Accounts Posts: 1,787 ✭✭✭edellc


    ^^^^

    a bit harsh...its down right disgusting tbh

    we are hearing one side of this story and to call someone by such derogatory names is well below par and speaks volumes about the type of person the poster is....

    As for you question OP

    If your lease that you issued says rent paid monthly then the rent is paid in this way and its paid the last thursday of the month into the post office or if your tenant is a lone parent then it can be paid into her bank account

    however if your lease says weekly then the RA will be issued weekly

    what you have to remember is that it is up to you to vet your tenants and its your judgement if they can pay rent or not.

    I have been both a private and RA tenant and regardless of which I am I always have my mths rent and deposit up front, I am always honest with the landlord about rent allowance if I am in need of it and every time it has been dealt with within the first month that I have been there so there has never been a delay in paying my rent and in that regard I am just like any other private paying tenant.

    Speaking as a mother, I know that my child is my priority and having a home for him is the most important thing on my agenda so there is no way that I would jeopardise this by giving the landlord the run around. She may be dong exactly as she said and waiting for the cheque to be issued and is terrified of you ringing every day looking for something that isnt going to arrive until next week. Likewise I understand that you cant be out of pocket but if your going to rent to RA tenants then you should educate yourself as to how the system works and request a months rent and deposit up front anyway.

    She could be genuine or she could be playing you, but you are the one that vetted her and you should be able to tell if someone is a genuine or not, but I do think the majority of RA tenants are honest but the length of time it takes the system to work gives them a bad name which is unfortunate as with the economy the way it is there are plenty people who are in need of such help through no fault of their own and to tar them all with comments like the previous poster is wrong


  • Registered Users, Registered Users 2 Posts: 145 ✭✭Carriexx


    Hi - thanks all for your replies. I asked her yesterday for a letter from social to say money was on its way. SHe turned off her phone. So i called central rents - and she has never given in any forms relating to my apartment she is receviing a rent to a proerty in dublin. So she has lied saying it would be in the bank account on tuesday - as they know nothing about it. Central rents told me to report her to her office and gave me the number. She has not turned her phone on since and didnt come home until approx 11 last night ( I live in the same block )

    Im too trusting of people - please dont make me feel like sh*t over this - i already do...but she IS NOT going to be living in my apartment rent free!!


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    Has she signed a fixed term lease? If not then you can terminate the tenancy for any reason in the first 6 months. If this is an option for you then you may be wise to consider it...


  • Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    Unfortunate to hear this turn of events. At least you now see the error about how to conduct a tenancy be it RA or private. The genuine ones will have a deposit and months rent. Some genuine people may not be able to have it but if they don't then unfortunately I would be tough in those cases even if genuine and say no.

    The prick kind of tenants generally won't have the deposit or savings up front. Most of them won't. Of course some may have it and still turn out to be bad tenants but that's a risk regardless. They generally won't have it because they can't save or stop pissing money against the wall. As someone mentioned above, when they were receiving the RA, it would appear that they are a private renting tenant because the rent was never late. I'm like that and so are a hell of a lot of good people who rely on the RA. I would generally save up the rent during the month and not get a lot of stuff during those weeks. When the money comes through at the end of the month I would then fill the chest freezer etc. I generally get by on about €30 - €40 each week for bread, milk etc. Chest freezer full for the most part at the end of the month to cover food for the next month. Rent and bills are all paid from weekly money.

    If you signed a fixed term lease then it could get tricky if this girl knows what she's entitled to etc. Follow the advice above about notices and do not do anything rash like chucking her stuff and changing the locks. If you do that you can be brought to court where you will lose and end up paying her thousands. It has happened, even with tenants not paying rent.


  • Closed Accounts Posts: 12,455 ✭✭✭✭Monty Burnz


    Carriexx wrote: »
    Hi - thanks all for your replies. I asked her yesterday for a letter from social to say money was on its way. SHe turned off her phone. So i called central rents - and she has never given in any forms relating to my apartment she is receviing a rent to a proerty in dublin. So she has lied saying it would be in the bank account on tuesday - as they know nothing about it. Central rents told me to report her to her office and gave me the number. She has not turned her phone on since and didnt come home until approx 11 last night ( I live in the same block )

    Im too trusting of people - please dont make me feel like sh*t over this - i already do...but she IS NOT going to be living in my apartment rent free!!
    Summary: it turns out she is a scumbag. :(

    Any chance of landlords banding together and creating a register of renters? I've talked about it before here - I don't understand why those who rely on rental income don't do it.


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  • Registered Users, Registered Users 2 Posts: 8,184 ✭✭✭riclad


    if i was a landlord i wouldn,t take on anyone, unless
    i get deposit and 4 weeks rent.
    but i know some landlords outside dublin depend on
    ra clients,to pay the mortgage.


  • Closed Accounts Posts: 4,692 ✭✭✭Jarren


    OP

    you don't need that hassle.

    Follow the proper procedures and get rid off her asap


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    Jarren wrote: »
    OP

    you don't need that hassle.

    Follow the proper procedures and get rid off her asap

    Unfortunately for the OP the hassle has already started. Even following proper procedure it could take months to get rid of such a tenant.


  • Registered Users, Registered Users 2 Posts: 133 ✭✭zombiepaw


    The HSE can write cheques for the unemployed covering their deposit, only asking that they get it back when tenancy is over. It can be a laborious process sometimes. maybe this is what your tenant was waiting when first moving in.


  • Registered Users, Registered Users 2 Posts: 4,306 ✭✭✭Zamboni


    Any chance of landlords banding together and creating a register of renters? I've talked about it before here - I don't understand why those who rely on rental income don't do it.

    I can only imagine the legal issues arising from data protection alone.


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    Any chance of landlords banding together and creating a register of renters? I've talked about it before here - I don't understand why those who rely on rental income don't do it.

    Surely if you look for references and follow up on them properly then this should not be required?


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


    djimi wrote: »
    Surely if you look for references and follow up on them properly then this should not be required?

    Unfortunately people who do these kinda scams are adept at creating believable references, one I had experience went so far as to work in a charity for a while to use as on of their references, and indeed had a number of people who all vouched from them, but all got taken advantage of in one form or another.


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    BostonB wrote: »
    Unfortunately people who do these kinda scams are adept at creating believable references, one I had experience went so far as to work in a charity for a while to use as on of their references, and indeed had a number of people who all vouched from them, but all got taken advantage of in one form or another.

    Ouch. Ive heard of people putting their mates down as references but thats just ridiculous.


  • Registered Users, Registered Users 2 Posts: 145 ✭✭Carriexx


    The money still not arrived in bank - she says she will get social to contact me in the morning telling me it has been lodged....Im not holding my breath for that call.......


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  • Banned (with Prison Access) Posts: 702 ✭✭✭goodie2shoes


    riclad wrote: »
    if i was a landlord i wouldn,t take on anyone, unless
    i get deposit and 4 weeks rent.
    but i know some landlords outside dublin depend on
    ra clients,to pay the mortgage.
    • NEVER EVER accept RA.
    • NEVER rent to people who offer you cash and insist on moving in immediately.
    • ALWAYS insist on (at least) 1 month's deposit & 1 month in advance. personally if it's a nice place i'ld insist on 2 month's deposit.
    • check ALL references.
    • INTERVIEW all potential tenants. (if you get a bad vibe/gut feeling, decline).

    my experience has been, if the tenancy starts off badly, the situation rarely improves. cut your losses immediately and get rid.

    go down the legal route, and exhaust all avenues available.
    failing that, a friend of mine knows a few lads who "will assist her with moving" ;)


  • Banned (with Prison Access) Posts: 702 ✭✭✭goodie2shoes


    Carriexx wrote: »
    The money still not arrived in bank - she says she will get social to contact me in the morning telling me it has been lodged....Im not holding my breath for that call.......

    been there.
    she's stringing you along.
    next thing it'll be "the dog ate it":rolleyes:


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


      if it's a nice place i'ld insist on 2 month's deposit.

    Has anyone ever agreed to that for you? I dont know many renters who agree to pay two months deposit; not considering how many cowboys there are out there who wont give back the one month deposit, let alone two months... Its also just not something you expect to be asked for, and I doubt many people prepare for it.
    cut your losses immediately and get rid.

    Easier said than done. Once a fixed term lease is signed its very hard for a landlord to break it. An illegal eviction, no matter how bad the tenant may be, can prove extremely costly for the landlord should the tenant take a case against them. The laws in this country are stacked very much in favour of the tenant; rightly so for the most part, but it can lead to ridiculous situations where it is protecting the utter scum who know how to fully exploit it to get get away with paying as little rent as possible, and in a lot of cases to live somewhere rent free for months.


  • Registered Users, Registered Users 2 Posts: 19,050 ✭✭✭✭murphaph


    • NEVER EVER accept RA.
    • NEVER rent to people who offer you cash and insist on moving in immediately.
    • ALWAYS insist on (at least) 1 month's deposit & 1 month in advance. personally if it's a nice place i'ld insist on 2 month's deposit.
    • check ALL references.
    • INTERVIEW all potential tenants. (if you get a bad vibe/gut feeling, decline).
    Agree with all that except NEVER renting to RS (I preume you mean RS, not RA).

    I have super RS tenants for the last 4 years who came to me only because their previous landlord was selling up. He vouched for them and I am delighted I took them. Not once in 4 years have I had to chase them for any money. They keep the house spotless and are no bother to the neighbours etc. Model tenants basically.

    If someone on RS comes to you with good references and a solid reason for leaving last accomodation and they have the gumption to have saved the deposit and rent in advance then there's a good bet they will be ok tenants.

    I would NEVER rent to anyone who didn't have the deposit and rent in advance however. That is asking for trouble.

    To the OP: serve the legal noticees and try to get her out asap. You might be lucky (if she really is renting another property in the city) and she might move back to it without a fuss. If you are unlucky, you could be in for a long drawn out process which might be better to avoid (the non-legal way can easily be cheaper, even with the fines, than waiting for legal possession, but that's hard to guess at the outset. You need to see if you think she'll stay on indefinitely once you issues your notices)


  • Closed Accounts Posts: 1,787 ✭✭✭edellc


    • NEVER EVER accept RA.
      a bit judgemental there aren't you, most RS tenants are fine and above board as long as you have your mths rent in advance and deposit then there is no difference between RS tenant and private tenants

    • NEVER rent to people who offer you cash and insist on moving in immediately.
      no worry with cash as for immediately maybe it could be an issue but with references and a valid reason as to why then I dont see an issue

      ALWAYS insist on (at least) 1 month's deposit & 1 month in advance. personally if it's a nice place i'ld insist on 2 month's deposit.
      a months rent thats all fine by two and your having a laugh, way to many dodgy landlords who try deduct money for no valid reason

      [*]check ALL references.
      no problem there

      [*]INTERVIEW all potential tenants. (if you get a bad vibe/gut feeling, decline).
      that should go without saying tbh


  • Banned (with Prison Access) Posts: 702 ✭✭✭goodie2shoes


    @djimi

    agreed. most tenants will not give 2 month's deposit.
    but then do you really want most tenants?
    i'ld rather leave my places vacant for 6 months than accept some tenants.

    there are a number of circumstances a landlord can invoke in order to issue an eviction notice. my favourite is "i've decided to move into the place myself, so you need to leave". it works.;)


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  • Banned (with Prison Access) Posts: 702 ✭✭✭goodie2shoes


    murphaph wrote: »
    Agree with all that except NEVER renting to RS (I preume you mean RS, not RA).

    RS, RA whatever? The minute you hear the question "will ya accept rent allowance/supplement ......" my advice is to hang up.

    glad u have had a good experience with them. there are exceptions to every rule i suppose.


  • Registered Users, Registered Users 2 Posts: 145 ✭✭Carriexx


    Op here.
    In my lease I hate stipulated if rent is not paid landlord is entitled to take property back at anytime.
    I am not paying for her to live there.
    I want to give her one weeks notice to leave tomorrow, her parents live down road. It is not my responsibility to pay for someone to live in my apartment. She can f off


  • Banned (with Prison Access) Posts: 702 ✭✭✭goodie2shoes


    Carriexx wrote: »
    Op here.
    In my lease I hate stipulated if rent is not paid landlord is entitled to take property back at anytime.
    I am not paying for her to live there.
    I want to give her one weeks notice to leave tomorrow, her parents live down road. It is not my responsibility to pay for someone to live in my apartment. She can f off

    OP i wouldn't do that just yet without first getting good legal advice. despite what the tenancy agreement says, tenants have basic rights which cannot be signed away. if you attempt to ride roughshod over these rights you WILL get yourself into bother.
    you might want to contact the citizen advice bureau &/or threshold also. just pretend you are the tenant and ask for their advice.

    do not be discouraged, just remain calm and determined to rectify this situation.
    Good Luck!


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    Carriexx wrote: »
    Op here.
    In my lease I hate stipulated if rent is not paid landlord is entitled to take property back at anytime.
    I am not paying for her to live there.
    I want to give her one weeks notice to leave tomorrow, her parents live down road. It is not my responsibility to pay for someone to live in my apartment. She can f off

    You can not put something into the lease that goes against the residential tenancy act, and even is she signed it it does not make it legal. You are not entitled to take it back at any time and you are not legally allowed to give her one weeks notice to leave. I know that she is taking the piss but if you dont follow proper eviction procedure and look to evict her illegally then you are leaving yourself open to a massive fine if she knows what she is at and takes a case against you with the PRTB (and believe me, these people usually know the law inside out).


  • Registered Users, Registered Users 2 Posts: 145 ✭✭Carriexx


    If admitted there was a problem, I would help her. I just can't take the lies anymore...


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  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    @djimi

    agreed. most tenants will not give 2 month's deposit.
    but then do you really want most tenants?
    i'ld rather leave my places vacant for 6 months than accept some tenants.

    there are a number of circumstances a landlord can invoke in order to issue an eviction notice. my favourite is "i've decided to move into the place myself, so you need to leave". it works.;)

    Most tenants are fine, just like most landlords are fine; we usually only hear the horror stories, but as with anything of this nature you never hear or have any reason to hear about the good tenants/landlords, who Im sure outweigh the bad ones many times over.

    If you can afford to be picky then more power to you, but stipulating that you want 2 months deposit is basically cutting off the majority of the rental market to you, as most people will not even give your ad a second glance.


  • Registered Users, Registered Users 2 Posts: 4,939 ✭✭✭goat2


    djimi wrote: »
    Has anyone ever agreed to that for you? I dont know many renters who agree to pay two months deposit; not considering how many cowboys there are out there who wont give back the one month deposit, let alone two months... Its also just not something you expect to be asked for, and I doubt many people prepare for it.Easier said than done. Once a fixed term lease is signed its very hard for a landlord to break it. An illegal eviction, no matter how bad the tenant may be, can prove extremely costly for the landlord should the tenant take a case against them. The laws in this country are stacked very much in favour of the tenant; rightly so for the most part, but it can lead to ridiculous situations where it is protecting the utter scum who know how to fully exploit it to get get away with paying as little rent as possible, and in a lot of cases to live somewhere rent free for months.
    and what i also understand, you will not be able to evict her due to also making a child homeless,
    i have heard that it is a sticky situation when there is a child also, her fight to stay will be stronger, and she can string you out for a long time,

    can anybody else enlighten me to this, or have more information of tenancy when a child is also in the picture.


  • Registered Users, Registered Users 2 Posts: 3,472 ✭✭✭Grolschevik


    Carriexx wrote: »
    Op here.
    In my lease I hate stipulated if rent is not paid landlord is entitled to take property back at anytime.
    I am not paying for her to live there.
    I want to give her one weeks notice to leave tomorrow, her parents live down road. It is not my responsibility to pay for someone to live in my apartment. She can f off

    So there is a lease? A year, yeah?

    It doesn't matter what you put in it, nobody can be legally bound to a document where they effectively contract their statutory rights away, no matter what the thing she signed said.

    Talk to a solicitor, FLAC, your local Citizens' Information, your council, or even Threshold before you do something that will see you breaking the law and thus becoming, in the eyes of the system, the bad guy.


  • Registered Users, Registered Users 2 Posts: 2,072 ✭✭✭sunnysoutheast


    Carriexx wrote: »
    Op here.
    In my lease I hate stipulated if rent is not paid landlord is entitled to take property back at anytime.
    I am not paying for her to live there.
    I want to give her one weeks notice to leave tomorrow, her parents live down road. It is not my responsibility to pay for someone to live in my apartment. She can f off

    Unfortunately the tenancy will still be subject to the terms of the RTA and the entire arrangement is ridiculously biased towards the tenant. If you do not follow the exact legal process to the letter you may find you will eventually have to pay the tenant for the privilege of living in your apartment for months rent-free.

    Good luck with it anyway.


  • Registered Users, Registered Users 2 Posts: 28,696 ✭✭✭✭drunkmonkey


    She's not even there a month, she has not paid the agreed amount. She's constantly told lies. Remove here from your property straight away. If she want's to go down a legal route let her just keep a record of everything and deal with it if it ever happens. Keep the receipts for what she has paid. Refund her if it's possible.


  • Registered Users, Registered Users 2 Posts: 4,939 ✭✭✭goat2


    i think you have to look up evicting a person when there is a child involved, as this is a bit different,
    this also happened to me yrs ago, and i was told at the time that i could not remove a person who has a minor from my property that easy, as they had stronger rights,
    has any others on here heard of this.
    i had to put up with them for six months, and they just paid half rent per week, better half than none, and i knew i would have lost more than gained if i went down the solicitor route, that could be long drawn out, and while waiting for things to come to court i was told, that the tenant could stop paying until a verdict came through, so i had no choice, it would have been very costly


  • Registered Users, Registered Users 2 Posts: 747 ✭✭✭littleredspot


    Op, there is an incredible amount of bad and illegal advice in this thread (and some good) you should walk away from this thread quicker than you walk away from your problem tenant.


  • Registered Users, Registered Users 2 Posts: 4,939 ✭✭✭goat2


    Op, there is an incredible amount of bad and illegal advice in this thread (and some good) you should walk away from this thread quicker than you walk away from your problem tenant.
    you say there is bad advice,
    i am only putting a problem which was similar that i had with a tenant, and the advice that i received, but that was 15 yrs ago, maybe laws are different since


  • Banned (with Prison Access) Posts: 1,435 ✭✭✭areyawell


    Leave it till the first of the month and see if she pays up, if not get rid on the 2nd


  • Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    OP it's all well and good people telling you to get rid of her. However in legal terms it will not happen soon so don't start trying to show who's boss so to speak. Have a word about the rent and when it's 14 days over, hand deliver them a written notice. Do it above board and proper. There is a number of cases where people were deemed illegally evicted even without paying rent, the result was the LL paying sums ranging in the region of €20k.

    People will tell you to change the locks etc do not do this. She's signed a lease and it is now officially her home and the child's home. That is how the law will look at it. It's your house/apartment but it's their family home now. So take the polite but firm route instead. try to avoid legal confrontations as she may drag her heels in. Go have a chat and explain it was supposed to be x amount on day 1 and you are not happy. Tell her if she vacates immediately you will give her the deposit back that she has paid thus far minus the rent for 1 week or if you want shot fast give it all back. Talk to her parents as you said they were close by if you must. If you go legal it could take months but most likely it will take a year or more just to get a court ordered eviction after which you must still get them out of your house. If it comes to a court ordered eviction, these type of people still drag it out for another few weeks / months.


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