Eviction Advice

emcor

My wife rented an apartment just under a month ago and we need to evect the tennant beacuse of consistent noise and other serious anti-social behavior; fully documented by onsite management company.
We met with tenant a earlier this week by arrangement and explained that they had to leave and they were in agreement that we would meet this evening to read meter and handover keys etc. When we met this evening they they refused to leave and started on about getting their solictor involved.

Our view is simple; they breached the terms of the lease and must leave. Rent was due to be paid yesterday and remains unpaid. We need this tennant out of the propery ASAP and felt that by changing the locks next week and reimbursing deposit pro-rata would be the way to go.

Anyone with any practical advice it is very much appreciated

OMD

emcor wrote: »

My wife rented an apartment just under a month ago and we need to evect the tennant beacuse of consistent noise and other serious anti-social behavior; fully documented by onsite management company.
We met with tenant a earlier this week by arrangement and explained that they had to leave and they were in agreement that we would meet this evening to read meter and handover keys etc. When we met this evening they they refused to leave and started on about getting their solictor involved.

Our view is simple; they breached the terms of the lease and must leave. Rent was due to be paid yesterday and remains unpaid. We need this tennant out of the propery ASAP and felt that by changing the locks next week and reimbursing deposit pro-rata would be the way to go.

Anyone with any practical advice it is very much appreciated

Are you serious or is this just a wind up?
You need to give notice. You haven't done so.

emcor

its very serious. In tenancies <6Mth no reason is needed and a min of 7 days notice required by PRTB -but if in agreement with tenant may be less.

Its very serious case and need this tenant out. As I said practical advice is needed and appreciated.

OMD

emcor wrote: »

its very serious. In tenancies <6Mth no reason is needed and a min of 7 days notice required by PRTB -but if in agreement with tenant may be less.

Its very serious case and need this tenant out. As I said practical advice is needed and appreciated.

As I understand you have not yet given written notice so you therefore have not given notice.

From another thread on this forum.
"With a fixed term lease during the first 6 months, a landlord may evict a tenant with 28 days notice, no warning required, if the tenant is in breach of the terms and conditions of the lease.

The only exceptions are for rent arrears (14 day notice required) and anti-social behaviour."

burke027

emcor wrote: »

its very serious. In tenancies <6Mth no reason is needed and a min of 7 days notice required by PRTB -but if in agreement with tenant may be less.

Its very serious case and need this tenant out. As I said practical advice is needed and appreciated.

Well to be honest lets call a spade a spade u might need them out asap but they don't have to leave u haven't given the correct notice or anything therefor ur in breach. You are totally wrong and these tenants could drag this out for months on end and that's the reality of the situation.
One other bit of advice don't change the locks with them there r still living there are you mad in the head they will have u in court and let me tell u they will win hands down.
Ur best bet is to be nice and hope the leave and cut ur losses otherwise if they drag there heals u could still be trying to get them out at xmas

emcor

thanks for this all. Realize that it can go on months. In the PRTB guidelines there is a stipulation that for serious Anti Social Behavior they can be given 7-days notice. We gave a termination notice on 06/08 to be out 09/08. We will give 7-days notice Monday Am and after that need to go the nuclear option IMO

djimi

My advice is get yourself legal help and make sure you do everything by the book. You need to follow the law to the letter otherwise you will find yourself in trouble, and no offense but you sound like you haven't got a clue what you are doing.

the world wonders

emcor wrote: »

Its very serious case and need this tenant out. As I said practical advice is needed and appreciated.

Spend a few hundred quid on a consultation with a solicitor with experience in this area. It will save you money in the long run.

Do not change the locks or cut off utilities unilaterally -- this could leave you open to damages for wrongful eviction.

Rent was due to be paid yesterday and remains unpaid.

You should issue a 14-day notice of rent arrears immediately -- sample here.

sunnysoutheast

emcor wrote: »

thanks for this all. Realize that it can go on months. In the PRTB guidelines there is a stipulation that for serious Anti Social Behavior they can be given 7-days notice. We gave a termination notice on 06/08 to be out 09/08. We will give 7-days notice Monday Am and after that need to go the nuclear option IMO

There is no nuclear option. The tenant holds all the aces. They will have access to a plethora of free advice from Threshold etc. whereas you, as the landlord, will have to pay for everything.

From the sound of it you haven't followed the defined eviction process which you need to do to the letter.

In terms of practical advice you may need to think about finding out how much the tenant will accept as a bribe to leave.

hfallada

In some states in the US you go down to the local courthouse and get an eviction notice for anti social behaviour which is a few parties and they are evicted within 24 hours. Ireland needs a system that is quick and transparent like this.

the_syco

sunnysoutheast wrote: »

In terms of practical advice you may need to think about finding out how much the tenant will accept as a bribe to leave.

Give them the 7 day notice. Check with a solicitor if you have to give their deposit back when you evict them, but I really doubt it.

If you don't have to, tell them (verbally) that if they are not gone within 4 days of you sending the letter to their solicitor and to them by registered post that you will not be giving them any of their deposit back when they are evicted. If they move out after 2 days, they get 50% of their deposit back, after 3 days 25%, and nothing after 4 days. But ensure you check with a solicitor first before doing this.

You'd be surprised how much "free" money motivates people :pac:

Oh, and before you say you shouldn't need to do so, it's the quickest option.

emcor

Final thoughts on this...

They are gone. They were members of our indigenous nomadic tribe (who were inadvertently given a lease)The serious anti-social behavior included amongst other issues episodes of chronic domestic violence - some of which were in plain sight of other residents and their children in the common areas. This experience has been stressful on a lot of people and cost a lot of time and money.

Yes we are inexperienced landlords and this has been an education; however When I began this thread I sought practical advice on how to remove this tenant from our property. My understanding of practical is just that; I was comfortable with assuming legal responsibility for my actions and presumption otherwise was unhelpful. With slim exception what I received was a commentary on how to apply due process and various legal opinions.

I am a fan of boards.ie. I like that I can login to different forums and engage with lots of people with different views and experiences. I think that its really informative. However some of my friends do not. They have become cynical towards boards and say that its a soap-box for people who can have a rant without risk of reproach, to promote personal agendas or for an embellishment of sorts to an ego.

Some advice I once overheard was "the best time to give advice is when its asked for" - I thought this was really good advice and goes well with "if you've nothing to say don't say anything as all".

PS. Many thanks to the person who PM'ed me on this.

Victor

emcor wrote: »

Yes we are inexperienced landlords and this has been an education; however When I began this thread I sought practical advice on how to remove this tenant from our property. My understanding of practical is just that; I was comfortable with assuming legal responsibility for my actions and presumption otherwise was unhelpful. With slim exception what I received was a commentary on how to apply due process and various legal opinions.

We're not going to tell you how to break the law, or encourage you to do it.

Moderator

lomb

If rent isnt paid Id move in with them , sit down and make myself a cup of tea saying Ive no where else to go. I doubt thell stay long! Proper landlord insurance is undoubtadly the way to go though saying all that.

fasttalkerchat

lomb wrote: »

If rent isnt paid Id move in with them , sit down and make myself a cup of tea saying Ive no where else to go. I doubt thell stay long! Proper landlord insurance is undoubtadly the way to go though saying all that.

Try that on me and you would be forcibly removed and the guards called and it would go through the courts.

the world wonders

emcor wrote: »

Yes we are inexperienced landlords and this has been an education; however When I began this thread I sought practical advice on how to remove this tenant from our property. My understanding of practical is just that; I was comfortable with assuming legal responsibility for my actions and presumption otherwise was unhelpful. With slim exception what I received was a commentary on how to apply due process and various legal opinions.

So what you're saying is that you're a cowboy landlord and you wanted people to tell you how to break the law and get away with it.

I am a fan of boards.ie. I like that I can login to different forums and engage with lots of people with different views and experiences. I think that its really informative. However some of my friends do not. They have become cynical towards boards and say that its a soap-box for people who can have a rant without risk of reproach, to promote personal agendas or for an embellishment of sorts to an ego.

And the main thing I don't like about boards.ie is people who ask for advice and get all pissy when they don't get the answer they wanted.

emcor

disappointing to see the opportunity to miss the point was taken. If you role is to moderate a discussion then I suggest this what you do - if it needs moderation. At no stage did I seek advice on illegal activity.

whiteandlight

emcor wrote: »

disappointing to see the opportunity to miss the point was taken. If you role is to moderate a discussion then I suggest this what you do - if it needs moderation. At no stage did I seek advice on illegal activity.

But you did? In your OP you were planning to change the locks

zl1whqvjs75cdy

Surely by the type of tenants you took on you knew you were asking for trouble. I am in no way suggesting that all members of the travelling community are anti-social but there is a significantly higher risk of anti social behavior from a portion of this group.