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Ex-tenant Issue

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  • 11-02-2014 2:48pm
    #1
    Registered Users Posts: 837 ✭✭✭


    I had a tenant move out on me on 6th December without giving any notice whatsoever. First I knew was when I got a call from a neighbour to say they thought she had moved!

    They left owing me 4 weeks rent plus the house was in an absolute state. Lots of rubbish and belongings left. They wouldn't return phone calls, text messages, emails or facebook messages (surprise surprise!). They even changed their phone number and deleted their facebook page!

    I got their new address last week. I know at this stage that there isn't much I can do. I don't think there's any point going down the legal route as the tenant is a single mother with 2 young boys so no judge will rule against her even if it went that far. I didn't have a deposit (well I did but it was used for previous rent and yes, I know that was a stupid thing for me to allow her do!).

    All I can do, I think, is call to the new house and let her know that I will be arriving with all her rubbish and belongings next week if she doesn't make some effort to settle things. I was going to contact her new landlord as a matter of courtesy first. Other than that, I was thinking of going to social welfare and informing them as she was getting rent supplement.

    Anyone any other ideas? I've accepted in my own mind that i won't get any money off her so I'm just finishing doing up the house now to get ready for new tenants.

    Thanks....


Comments

  • Registered Users Posts: 13,238 ✭✭✭✭djimi


    Short of taking out a PRTB case I dont really see the point in doing a whole lot other than walking away, chalking it up to experience, and being glad to see the back of her.

    Id be wary leaving rubbish in her house as it might be seen as you dumping.


  • Registered Users Posts: 837 ✭✭✭Stationmaster


    Yea I was thinking that too. There's a lot of her belongings left too though including a pool table, large table and 4 chairs, tv, bed, and lots of clothes.toys etc. It has filled a whole room!


  • Moderators Posts: 9,368 ✭✭✭The_Morrigan


    Yea I was thinking that too. There's a lot of her belongings left too though including a pool table, large table and 4 chairs, tv, bed, and lots of clothes.toys etc. It has filled a whole room!

    Contact her and tell her that she has x amount of days to collect her belongings or you will be forced to dispose of them - just make sure it is a reasonable timeframe (7-10 days)

    If she doesn't show up, then throw the whole lot up on adverts for free and they will be picked up within the day.


  • Registered Users Posts: 7,879 ✭✭✭D3PO


    Yea I was thinking that too. There's a lot of her belongings left too though including a pool table, large table and 4 chairs, tv, bed, and lots of clothes.toys etc. It has filled a whole room!

    send her a registered letter indicating the money she owes you and indicating the property she has left behind.

    advise her that if the property is not collected by X date that you will determine it as having been abandoned and you will be disposing of it and advise you will be taking a PRTB case for the owed rent (weather you intend to or not is irrelevent letting her know that you will may make her come to some arrangement to pay back any overdue rent) if not you have lost nothing anyway

    if that date passes and she hasnt collected the stuff im sure some of the stuff has a value so sell it on adverts, done deal etc and recoup some of your lost money.


  • Registered Users Posts: 837 ✭✭✭Stationmaster


    Yea, I was thinking there wasn't much more I could do but thanks for those tips. Will put it down to experience and make sure I get references and full deposit in future!


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  • Registered Users Posts: 13,238 ✭✭✭✭djimi


    Maybe Im going a bit far with this, but should the OP be carrying out an eviction process first? I know the tenant has done a runner, but would the landlord still not be obliged to follow the proper procedure of eviction (in this case for rent arrears), just to cover themselves?

    Or am I being overly cautious?!!


  • Registered Users Posts: 2,000 ✭✭✭mitosis


    OP, have you changed the locks yet?


  • Registered Users Posts: 7,879 ✭✭✭D3PO


    way over cautious. If the tenant made a claim of illegal eviction (which lets get real wont happen) the OP can easily prove that the OP moved out both by having the neighbour and also the other LL to call upon to prove the fact.


  • Registered Users Posts: 837 ✭✭✭Stationmaster


    Yea, changed the locks after a few days.


  • Registered Users Posts: 2,200 ✭✭✭Arbiter of Good Taste


    Considering the tenant abandoned her stuff in the first place, presumably she doesn't care if the OP gets rid. Not sure there is anything OP can do. I would contact her current LL. Prevent someone else from getting screwed over (I know it's cold comfort) and contact the social welfare. She was given taxpayers money for rent. Where has that been spent?

    Just make sure she can't accuse you of defamation.

    It's a shame. Someone like that is scum and makes it difficult for honest people. At the very least, it means the OP will think twice about doing a good turn in the future. He doesn't even have a deposit to fall back on now.


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  • Registered Users Posts: 13,238 ✭✭✭✭djimi


    D3PO wrote: »
    way over cautious. If the tenant made a claim of illegal eviction (which lets get real wont happen) the OP can easily prove that the OP moved out both by having the neighbour and also the other LL to call upon to prove the fact.

    Fair enough; Im just cautious because of the stories you hear about tenants looking for any reason to take cases for illegal eviction. I know how it looks, but there is no harm in making absolutely sure!


  • Closed Accounts Posts: 6,496 ✭✭✭Boombastic


    Contact social welfare, she was getting rent supplement and spending it fraudulently, report to the gardai also


  • Moderators, Society & Culture Moderators Posts: 7,223 Mod ✭✭✭✭Michael D Not Higgins


    Boombastic wrote: »
    Contact social welfare, she was getting rent supplement and spending it fraudulently, report to the gardai also

    It's not a garda matter, it's a civil matter. But yes, do contact the social welfare on the fraud.


  • Moderators Posts: 9,368 ✭✭✭The_Morrigan


    whippet wrote: »
    best advice OP ... just move on and chalk it down to experience.

    From now on don't accept rent allowance tenants .. it will dramatically lessen your chances of getting stung like this again.

    You'd be surprised at how well these degenerates know their rights and ability to use the law to assist them in being able to walk away unscathed from things like this.

    I would advise against contacting their new landlord as this could be construed in many ways by the tenant, landlord and especially the authorities.

    Even though you haven't been paid rent; I would suggest sending a letter, email and text to your address and the last contact details you have for her with the 14 notice of arrears, then follow up with a 28 day notice to quit and then you have covered all bases. Technically by changing the locks you have hindered her access to the property (which she hasn't given notice that she is leaving) and could be construed as an illegal eviction.

    On the 28th day .. bin everything and start afresh. If you need to work on the house and get it ready for the next tenancy, just send the last contact number you have for her a text giving 24 hours notice that you will require access.

    Lodge a claim with the PRTB as should you win, they do publish online notices and hopefully a future prospective landlord might stumble across her name.

    And just to stress - avoid Rent Allowance tenants, it will reduce the chances of getting caught out like this again .... from experience I know.

    Generalisations like that are not welcome here.


  • Moderators Posts: 9,368 ✭✭✭The_Morrigan


    whippet wrote: »
    to clarify I wasn't calling RA tenants degenerates, I was calling tenants who don't pay rent, trash houses and jump ship leaving landlords to pick up the mess and cost degenerates.

    whippet don't argue with a mod on thread - take it to pm if you wish.
    Your entire post is aimed at RA tenants as you warned the OP off taking them on twice in your post. The warning stands for you and any other poster who wishes to make the same generalisations.


  • Closed Accounts Posts: 1,586 ✭✭✭V.W.L 11


    whippet wrote: »
    to clarify I wasn't calling RA tenants degenerates, I was calling tenants who don't pay rent, trash houses and jump ship leaving landlords to pick up the mess and cost degenerates.
    don't judge a book by its cover,not all RA tenants are the same,some cash paying tenants are just as bad if not worse!and i'm talking from my experience on that,i used live in an apt block that was a mixture of RA tenants and cash only tenants,i seen many a tenant paying cash come and go in my 10 years there,while I sympathise to an extent with stationmaster its partly his own doing also as he admitted. (references/deposit)


  • Moderators Posts: 9,368 ✭✭✭The_Morrigan


    Folks please get back on topic.


  • Registered Users Posts: 7,879 ✭✭✭D3PO


    V.W.L 11 wrote: »
    don't judge a book by its cover,not all RA tenants are the same,some cash paying tenants are just as bad if not worse!and i'm talking from my experience on that,i used live in an apt block that was a mixture of RA tenants and cash only tenants,i seen many a tenant paying cash come and go in my 10 years there,while I sympathise to an extent with stationmaster its partly his own doing also as he admitted. (references/deposit)

    he clarified he wasnt talking about RA tenants so lets move on shall we ?


  • Registered Users Posts: 268 ✭✭efc67


    Myself, and i know this will add further cost to you, but i would hire a van and take everything that she left there out of the house and dump it in her new properties front garden.


  • Registered Users Posts: 7,675 ✭✭✭whippet


    efc67 wrote: »
    Myself, and i know this will add further cost to you, but i would hire a van and take everything that she left there out of the house and dump it in her new properties front garden.

    the OP could be done for littering in this case.

    From experience I know that it is virtually impossible to get any satisfaction from a rogue tenant and any attempt to get 'revenge' or even recoup costs will in fact incur added expenses and higher blood pressure.

    Cover your track and move on .....


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  • Registered Users Posts: 539 ✭✭✭chinacup


    <SNIP>
    to the OP I suggest you do at least one of the suggestions mentioned already if at least for your own sanity. Informing social welfare is a wise move in my books because it will get people like her off the system, she's giving the rest of us a bad rep!


  • Moderators Posts: 9,368 ✭✭✭The_Morrigan


    Folks, warnings have already been issued on thread in relation to the comments made towards RA tenants - that is not the subject matter here. Please keep on topic.

    If you have a problem with a post report it and leave it to the Mods to deal with.

    Thank you


  • Closed Accounts Posts: 3,601 ✭✭✭cerastes


    djimi wrote: »
    Short of taking out a PRTB case I dont really see the point in doing a whole lot other than walking away, chalking it up to experience, and being glad to see the back of her.

    Id be wary leaving rubbish in her house as it might be seen as you dumping.

    Agree with not returning their rubbish, you may be seen as dumping.
    A prtb case would be an option OP, if they broke their tenancy obligations, it could be easy to win a case, but why cant a judgement in court be made against such a person I cannot understand? although that might cost?
    Yea I was thinking that too. There's a lot of her belongings left too though including a pool table, large table and 4 chairs, tv, bed, and lots of clothes.toys etc. It has filled a whole room!
    sell or use them, after said letter to remove them with 7-10 days registered.
    Contact her and tell her that she has x amount of days to collect her belongings or you will be forced to dispose of them - just make sure it is a reasonable timeframe (7-10 days)

    If she doesn't show up, then throw the whole lot up on adverts for free and they will be picked up within the day.

    agree with first paragraph, but then sell or use, recoup some of your cost.


  • Registered Users Posts: 47 homerno


    whippet wrote: »
    the OP could be done for littering in this case.

    From experience I know that it is virtually impossible to get any satisfaction from a rogue tenant and any attempt to get 'revenge' or even recoup costs will in fact incur added expenses and higher blood pressure.

    Cover your track and move on .....
    I had a similar experience a couple of year back .Only recently i am starting to cause this x tenant lots of problems with welfare and other stuff aswell , i will spend years looking to get money owed and if i get some great and if i do not its also great , you will get great satisfaction from it, I know i do


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