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First time landlord - The bad and the ugly crazy tenant nighmares

  • 26-10-2014 3:52am
    #1
    Registered Users, Registered Users 2 Posts: 29


    Hi all, It is 3 in the morning and it has taken me quite a bit of thought before writing this post. I had stayed strong during this time. But I need advises on situations that I am about to describe.

    My husband and I bought our first house this summer and has decided to rent three of our rooms out. From a friend's recommendation, we had two international students staying with us from late august to end of may next yr. In the first two months, I tried my best to assist them in anyway I can, I give them lifts to college sometimes, drove them to the visa office, pick up food for them in shops, write official documentations for them. Last week the nightmare has started.

    When I sent a text msg to one of my the student ask whether I can enter her room to close the window ( it was at 2 in the afternoon and the window has been open since morning), and I follow up text her saying if she s back soon, then I d just leave the windows and go out. She replied that she s coming back straight away. I was then back home further in the afternoon, seeing windows still remained open, to prove that I can see her window open from our backyard, I went out and took a picture and sent it to her. I then texted her asking about the window. She replied back accusing me have entered her room.

    I have then trying to explain to her that I don't need to enter her room to see the window is open, she then started using words that intimidates me. I sensed a strong distrust and I said to her if she wants to leave, please let me know as soon as possible. Then she started asking her full deposit back.

    It was extremely hard to explain the Irish renting system, the law and sometimes even common sense. She then consistently being very rude, intimidating and very unpleasant. I text her saying I don't appreciate the way she talks to me and wish she can stop the intimidation. She then followed up telling me to learn my Irish law first before talking to her. So I asked if she is still not using the right manner to talk? She text a big 'YES' back to me.

    On the same night and the night following she and her other tenant friend asked to 'HAVE A TALK' with me and my husband. Then the intimidation is on again. So below are some of her requests that she wants us to satisfy her:

    1. My husband and I can only take showers between certain hours and is not allowed to turn it on, because the electric shower is too loud! (Between our bedroom and hers , there is a hot press and a large main bathroom and a full size built in wardrobe)

    2. She needs her room window open in all day time, regardless she is in or out of the house. Then her room temperature has to remain at 23degree C through the whole time even with her window open!

    3. She said she hated talking to me and I can never talk to her or text her or contact her. She is going to filter me out! The only way if I want to tell her anything is to through my husband.

    4. All the evidence I have collected against her does not count as evidence unless it has been certified by her college, or government. ( I have taken the picture of her unclosed window and she says it is not a solid evidence?!?!?! WHAT??????)

    5. Any rules that the landlord did not write on the lease does not count as a rule and she can do anything she wants as long as it was not written on the lease. I have no way on saying anything about her.

    6. The landlord does not have the rights on making household rules. She pays the money and she is the person that needs to make the rules, any rules I make does not count in her world.

    7. She has already told me she wanted to move out, then she regret it saying it was only her 'thought' and it doesn't count. She also has said in front of me, my husband and her friend that she is going to move out in another occasion, then regret it saying it was only her 'intention' and intention does not count. She then finally said she wants a to move out just before christmas and find someone to replace her. But if she doesn't find anyone to replace her, she is going to stay in my house in her own will. I have signed a lease with her initially. In the lease, it states if a tenant cannot fulfill the whole contract term, it is a loss to the landlord, deposit is not refundable. (Our house is near a big uni and from back experience in searching for a roommate replacement after october being extremely difficult, we think we d be losing out money and that is why tenants have to fulfill their contract period or they lose the deposit.)

    8. She wanted to write me as her emergency contact and I stupid enough agreed when she moved in. This week, I have told her that she needs to change her emergency contact to someone else. She refuses and said I don't have a choice to not be her emergency contact and I can not contact her insurance company. (What a joke!!)

    9. She said any text message sent between me and her,will not be read carefully and it will be my fault that there are messages that she has missed to interpret. (I told her that this is a part of negligence and obviously she disagrees and saying negligence is not a breach of law.....)

    10. Cleaning kitchen and living room floor is the duty of landlord. And she has always thought so! Even when the floor is dirty with her hair and food.....

    And then it goes on and on and on.... In the end she had 12 points that wanted us to satisfy her!! When she was looking at the unclosed window picture, she actually said to me that the window in the picture is closed!!! I can not believe how unreal that is, it was a wide open window and she is saying she can't see it!!! And she told me that is not an evidence ??? WHAT???? I said no to her about all these ridiculous points, but she said she is going to apply them anyways, regardless of what I said.

    I have stayed strong but very angry through all these crazy points!!! Can anyone please help me ! Can I sue her? She s only stayed for 2 months, and she is asking for her deposit back! But I have been intimidated by her in so many ways. I can not believe how she has behaved like a 2 yr old.


«1

Comments

  • Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    If you are a live in landlord you can boot anyone out at any time as they are licencee's.
    http://www.citizensinformation.ie/en/housing/owning_a_home/home_owners/rent_a_room_scheme.html

    If you rent out a room in your home, you are not covered by landlord and tenant legislation so the rights and obligations under that legislation do not apply to you. For example, you are not obliged to register as a landlord with the Private Residential Tenancies Board (PRTB), provide a rent book to the tenant or ensure that the accommodation provided meets any minimum physical standards.

    This also means that private tenants living in your home are living under alicensee agreement,not a tenancy agreement, and are really only entitled to reasonable notice if you choose to terminate the agreement. Tenants are, however, entitled to refer disputes to the Small Claims Court.


  • Registered Users, Registered Users 2 Posts: 1,299 ✭✭✭moc moc a moc


    eriepeking wrote: »
    I can not believe how she has behaved like a 2 yr old.

    She's not the only one.


  • Registered Users, Registered Users 2 Posts: 29 eriepeking


    Hi Ken,

    Thanks so much for the quick reply! We have been looking into this. Can I just say she is being an unpleasant tenant and please go tomorrow? Do I need to return her deposit and thinking I am just unlucky :( She then gets it away so easy and thinking she has won it all?? Thank you !!


  • Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    Give them one week's notice. Put it in writing in their own language since you speak it.

    Tell them it's not negotiable and not up for discussion. Point out if they don't leave, you're entitled to put their stuff on the street. Give them back the deposit and leave it at that.


  • Closed Accounts Posts: 500 ✭✭✭indigo twist


    No you can't sue her. But as an owner-occupier, you could theoretically ask her to leave without notice. In your position, I'd give her two weeks notice, return the full deposit (assuming no damage done), and change the locks. And I'd read up on owner-occupier rights and responsibilities before taking on any more tenants.


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  • Closed Accounts Posts: 990 ✭✭✭timetogo


    Don't worry about the emergency contact thing. Its for her benefit to have somebody she trusts on it. If she doesn't want to change it and you ever get contacted you have no obligation to do anything.

    Did she sign a lease with you. Does it mention a notice period. If so, give that notice tomorrow. In writing. Get your husband to do it if she only wants to deal with him. At the end of the notice inspect the room. If everything is fine then get the keys back and then give the deposit back and move on and just advertise the room again. Of course you have to return the deposit if there's no damage done to the place and her rent is up to date. You'll probably have it rented out again within a week. It's good that she wants the deposit back. It means she wants to move out. Life's too short to be renting out to somebody who's giving you stress.

    One problem you had is assuming that she would clean up after herself. Id assume that too but some people need everything spelled out for them. Do out a list of rules for the next tenant and agree them before they give a deposit.

    She doesn't sound like a nightmare. Just somebody who isn't used to the real world yet. Might be her first time living away from home and probably gettin crappy advice from her friends. That's not your problem.


  • Registered Users, Registered Users 2 Posts: 2,995 ✭✭✭Dr Turk Turkelton


    You and your wife need to man up, pack her bags for her and put her on the side of the street fairly sharp.
    Get the locks changed then.


  • Registered Users, Registered Users 2 Posts: 402 ✭✭Thewife


    Serve her notice and give her back her deposit .. I rented a room years ago to what can only be described as a nightmare ... Came home from
    Work every day to the kitchen being a scene from a war movie (tenant didn't work so had all day to make lots of mess) ended up eating my dinner out most days as in order to eat at home Id have to clean her mess ...mess was there for so long had to throw away most of my pots and pans as the food and burn couldn't be removed .... Most days also came home to a strange man who she found on tele text dating .. Coming home to a strange man everyday who is sprawled out on your sofa was to much for me to handle ... She had to go !!!


  • Registered Users, Registered Users 2 Posts: 6,003 ✭✭✭handlemaster


    Get rid.
    Had french student before like that. No talking to someone like that with one brain cell. Give one week at most to get out.


  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    She is *not* a tenant- and tenancy law doesn't apply to her.
    She is staying with you and your husband, in your house, under license, and can be asked to leave at any time.
    I would advise giving her a week's notice- and giving her her deposit back in full.

    Unfortunately international students often have unreasonable expectations- she probably thinks she is a tenant and tenancy law applies- well, even if she were, and tenancy law did apply- you could still ask her to leave within the first 6 months- without reason- however this is not the case.

    She has no rights. Tell her to get out.


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  • Registered Users, Registered Users 2 Posts: 29 eriepeking


    Thewife wrote: »
    Serve her notice and give her back her deposit .. I rented a room years ago to what can only be described as a nightmare ... Came home from
    Work every day to the kitchen being a scene from a war movie (tenant didn't work so had all day to make lots of mess) ended up eating my dinner out most days as in order to eat at home Id have to clean her mess ...mess was there for so long had to throw away most of my pots and pans as the food and burn couldn't be removed .... Most days also came home to a strange man who she found on tele text dating .. Coming home to a strange man everyday who is sprawled out on your sofa was to much for me to handle ... She had to go !!!

    That sounds like another one that lives in her own world. I never thought it is this difficult when i was sharing houses with other people. But I guess the chance of getting a bad tenant is still really high


  • Registered Users, Registered Users 2 Posts: 29 eriepeking


    timetogo wrote: »
    .She doesn't sound like a nightmare. Just somebody who isn't used to the real world yet. Might be her first time living away from home and probably gettin crappy advice from her friends. That's not your problem.

    Very much so and i think I have become the cushion for her cultural shock in many ways.I d think twice next time if my new tenant is first time living outside of her country.


  • Registered Users, Registered Users 2 Posts: 29 eriepeking


    Give them one week's notice. Put it in writing in their own language since you speak it.

    Tell them it's not negotiable and not up for discussion. Point out if they don't leave, you're entitled to put their stuff on the street. Give them back the deposit and leave it at that.

    Hi ABajaninCork,

    I will eventually get her out ! The only thing is it is soo hard to tell her what law has entitled me. Even if I show her the exact info on citizeninformation.ie! she takes it as a joke ! Or she tells me her english is too poor to understand it. ( yet she is in 4th yr uni in Ireland) When i take the route of neither explaining nor discussions, she tells me i am being unreasonable and she is going to ignore what i have informed her.

    I know regardless what she thinks she is getting kicked out. But I guess it will be the hard way after the notice period, i.e. lock changed, stuff on the street!


  • Registered Users, Registered Users 2 Posts: 20,725 ✭✭✭✭El_Duderino 09


    Sounds like a nightmare OP.

    Maybe she has servants at home, maybe she is deluded about the real world and maybe she knows she is taking you for a ride.
    Either way she sounds like a bully. If, the others suggest, she is not a tenant or covered by tenancy law and you decide to evict her, expect her to turn from tiger to kitten. Expect snot and tears and promises that she is sooooo sorry. Just be firm and explain that you took her advice and became familiar with the law.

    If she is that concerned about the deposit you could tell her to keep herself to herself and behave and if there is no damage or undue disruption in the notice period then she will get her full deposit back.

    Hope it works out


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


    eriepeking wrote: »
    Hi ABajaninCork,

    I will eventually get her out ! The only thing is it is soo hard to tell her what law has entitled me. Even if I show her the exact info on citizeninformation.ie! she takes it as a joke ! Or she tells me her english is too poor to understand it. ( yet she is in 4th yr uni in Ireland) When i take the route of neither explaining nor discussions, she tells me i am being unreasonable and she is going to ignore what i have informed her.

    I know regardless what she thinks she is getting kicked out. But I guess it will be the hard way after the notice period, i.e. lock changed, stuff on the street!

    B1tches be mad!

    Seriously though, she's taking you for a fool. Get her out ASAP and let her have her deposit provided she hasn't done damage


  • Registered Users, Registered Users 2 Posts: 2,995 ✭✭✭Dr Turk Turkelton


    eriepeking wrote: »
    Hi ABajaninCork,

    I will eventually get her out ! The only thing is it is soo hard to tell her what law has entitled me. Even if I show her the exact info on citizeninformation.ie! she takes it as a joke ! Or she tells me her english is too poor to understand it. ( yet she is in 4th yr uni in Ireland) When i take the route of neither explaining nor discussions, she tells me i am being unreasonable and she is going to ignore what i have informed her.

    I know regardless what she thinks she is getting kicked out. But I guess it will be the hard way after the notice period, i.e. lock changed, stuff on the street!

    You won't need perfect English to explain a black bag on the doorstep and new locks.


  • Registered Users, Registered Users 2 Posts: 29 eriepeking


    You won't need perfect English to explain a black bag on the doorstep and new locks.

    When the black bags are out on the street, i ll post an update with picture!

    Thank you so much for support !!


  • Registered Users, Registered Users 2 Posts: 1,179 ✭✭✭salamanca22


    Here is what I would do.

    First of all I would explain in plain english (You are in Ireland and have no obligation to explain in any other language) how she is not a tenant and that she does not have the protection of tenancy law. I would print out the relevant information on citizens information and hand this to her with a list of drafted rules you have come up with yourself. These might include that licensees are responsible for cleaning up after themselves and must keep common areas tidy, rules about guests and rules about having windows open. After the inevitable argument I would then give them 5 days to find somewhere else to live. After those five days if they are not gone yet I would give them two more days meanwhile letting them know they are trespassing on private property and the guards will be involved if she does not remove herself.

    If it ends up she is not cooperative about leaving I would change the locks and remove the costs from the deposit. You have no reason to keep the rest of her deposit unless she causes you financial troubles as you are the one asking her to leave.

    Best of luck with it OP.


  • Closed Accounts Posts: 632 ✭✭✭Forest Demon


    Give her the deposit back unless there is any damage to justify keeping it and give her a weeks notice but do stand by it. Dont take any grief and stand your ground.


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


    By giving her a lease you have given her more rights than a rent a room agreement. I asked on here before I rented a room out and the unanimous advice was not to sign a lease with the person moving in.

    If your lease has a break clause then you need to abide by that notice period rather than "reasonable notice "


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  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    eriepeking wrote: »
    The only thing is it is soo hard to tell her what law has entitled me.
    This is irrelevant really. It's not your responsibility to explain the law to her. If she doesn't know the law, that's her problem.

    Your problem is that both you and your husband are too nice, you allow yourselves to be taken advantage of, and this lodger knows it. So do as others say and give her a few days notice and then the boot. If she gets the Gardai involved, they will assist you in throwing her out.

    In future, avoid being excessively nice. Giving them lifts, buying food, doing work for them? Nah, what happens is that you find a student who takes you for a sucker and treats you like a parent, not a landlord.

    By all means be nice and give them a lift - only if it happens to be on your way to where you're already going. If you're going shopping, offer to bring them with you and bring them home again, don't do their shopping for them. Help them localise themselves by offering advice, not by doing their documentation or making phone calls on their behalf.

    And write up a set of house rules and make them clear for all lodgers. It's not a democracy, it's a dictatorship. Your house, your rules. Anyone who disagrees can leave. I know it seems easier for everything to be relaxed and laid back, but unless you treat this like a business arrangement, then you will be taken advantage of.


  • Registered Users, Registered Users 2 Posts: 20,725 ✭✭✭✭El_Duderino 09


    Be sure to give her the deposit either by electronic transfer or get her to sign that she received it. You don't want her to claim she never received it and demand another deposit back


  • Closed Accounts Posts: 4,180 ✭✭✭hfallada


    athtrasna wrote: »
    By giving her a lease you have given her more rights than a rent a room agreement. I asked on here before I rented a room out and the unanimous advice was not to sign a lease with the person moving in.

    If your lease has a break clause then you need to abide by that notice period rather than "reasonable notice "

    But a contact has to have a legal standing. You cant have a contract with a hit man to take out your neighbour, as contract killing is illegal. The same way you can have a contract with a licensee in your house, as they dont have rights like a regular tenant.

    OP you arent a landlord and just some who has let a few rooms. You havent acted in a professional manner with the tenant. I dont know what the petty BS about the window is about. Its her room, let her do what ever with it, as long as it doesnt damage your property. I find people from the contitent have unreasonable standards when it comes to renting in Ireland. But I believe knowing the "landlord" isnt going to come into my room, to close the window for some stupid reason is something anyone can expect.

    Letting rooms to people isnt for everyone


  • Closed Accounts Posts: 990 ✭✭✭timetogo


    hfallada wrote: »
    Its her room, let her do what ever with it, as long as it doesnt damage your property.



    Don't know about the ops house but if a window was left open all day in mine during the recent weather I'd have had rain damage.

    Then there's the fact that the tenant wants to leave the window open all day whether she's in or out. In my house that'd be a problem with security. My alarm wouldn't turn on with an open window and I wouldn't be happy going out knowing that the window was left open.

    Then there's the heating. The tenant wants the window open and the room heated to 23 degrees. Feck that.


  • Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    Not to mention a nice little invitation to the burglars!


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    hfallada wrote: »
    But a contact has to have a legal standing. You cant have a contract with a hit man to take out your neighbour, as contract killing is illegal. The same way you can have a contract with a licensee in your house, as they dont have rights like a regular tenant.
    This is not correct. You're right in that a contract which agrees to perform illegal acts is void, but you're incorrect because renting out a room in your house is perfectly legal. Therefore any contract based on that, is also legal.
    A contract is basically legal once all signatories to it have agreed to it. The only thing which a contract can't do is override the minimum rights set out in law.
    Where there are no rights in law, a contract very much can give you new or additional ones.

    However, we must be careful about the word "rights" here. Where a right exist in law, the state has the power to enforce those rights.
    Where a right exists only in a contract, the state will not enforce those rights. So where a right in a contract is violated, it's a civil matter which requires a court case.

    What this means in the case of renting is that if a tenant with exclusive residence of a property is evicted without following the due process, the Gardai can and will assist in getting that person back into their home.

    Where a lodger (licensee) finds their stuff out on the street and the locks changed, the Gardai will not (cannot) help them get back into the property, regardless of what contract exists between the licensee and the property owner.
    OP you arent a landlord and just some who has let a few rooms. You havent acted in a professional manner with the tenant. I dont know what the petty BS about the window is about. Its her room, let her do what ever with it, as long as it doesnt damage your property.
    I find the contradiction between these two statements puzzling. She's not a landlord, yet you think she should act like one and let the lodger do what she wants provided it doesn't damage the property.

    Aside from an open window potentially causing damage to the property by letting in heavy rain, it's also a big vent out which through any heat disappears. It's been colder and windy the last two weeks. Even with the door closed, an open window will let heat escape and cause doors and windows throughout the property to slam shut.


  • Registered Users, Registered Users 2 Posts: 5,063 ✭✭✭Greenmachine


    Change the locks and refuse her unaccompanied entry to the house. Inform her she may only enter the house when she has found alternative accommodation, to remove her property. See if this will bring about a change of behaviour.


  • Registered Users, Registered Users 2 Posts: 1,049 ✭✭✭groovyg


    Op did you advertise your rooms through the college accommodation office? If its not working out maybe get on to them as well.

    Had you or your husband rented with other people before you bought your house? As this was your first time renting out rooms maybe you should have tried it for a semester as opposed to a full year to see if you like doing it.


  • Registered Users, Registered Users 2 Posts: 29 eriepeking


    hfallada wrote: »
    But a contact has to have a legal standing. You cant have a contract with a hit man to take out your neighbour, as contract killing is illegal. The same way you can have a contract with a licensee in your house, as they dont have rights like a regular tenant.

    OP you arent a landlord and just some who has let a few rooms. You havent acted in a professional manner with the tenant. I dont know what the petty BS about the window is about. Its her room, let her do what ever with it, as long as it doesnt damage your property. I find people from the contitent have unreasonable standards when it comes to renting in Ireland. But I believe knowing the "landlord" isnt going to come into my room, to close the window for some stupid reason is something anyone can expect.

    Letting rooms to people isnt for everyone

    Hi ,

    I appreciate the post. Just to clarify that I have never entered her room. By looking from our backyard is more than sufficient to know that her window is wide open.

    I totally agree its her room, but she only has the right in using it. She does not own it. When she s out of the house, she has her window wide open for potential theif to climb in and rob the whole house! I think this is a common sense that at least she should close the window when she is not in the house ! And that is the only thing i have asked. And she refused !


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  • Registered Users, Registered Users 2 Posts: 29 eriepeking


    timetogo wrote: »
    Don't know about the ops house but if a window was left open all day in mine during the recent weather I'd have had rain damage.

    Then there's the fact that the tenant wants to leave the window open all day whether she's in or out. In my house that'd be a problem with security. My alarm wouldn't turn on with an open window and I wouldn't be happy going out knowing that the window was left open.

    Then there's the heating. The tenant wants the window open and the room heated to 23 degrees. Feck that.

    That is exactly how i felt ! She told me that there is a smell in her room that she can not tolerate. So me my husband, her friend and her other friend all went into her room under her permission and supervision to smell it out . We couldnt smell anything! And she opened her desk drawer saying there is a smell of new furniture inside there that is giving her a headache !

    She told me to give her money to see a professional doctor for this headache ! Which of course i refused!

    I cant smell it anyways and i have asked the chairman of our community to come in and smell it out ! Ha it will be funny! All 3 rooms we rent out has the same desk. Dont know what she is on about!


  • Registered Users, Registered Users 2 Posts: 29 eriepeking


    seamus wrote: »
    Aside from an open window potentially causing damage to the property by letting in heavy rain, it's also a big vent out which through any heat disappears. It's been colder and windy the last two weeks. Even with the door closed, an open window will let heat escape and cause doors and windows throughout the property to slam shut.

    Seamus, That is exactly what i worries about! Please have a read on my reply to 'timetogo'. I ve explained there how she found a smell in her room and we r acting like dogs in my own house to sniff it out ! Ha


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


    eriepeking wrote: »

    She told me to give her money to see a professional doctor for this headache ! Which of course i refused!

    Sounds to me that she certainly needs to see some kind of professional head doctor........


  • Registered Users, Registered Users 2 Posts: 29 eriepeking


    Just to add another bit on this heasache issue. She told me the smell in her room was so bad and a mosquito flew in her room and immediately passed out and died on the floor !

    I just dont know how to respond to comments like that !


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


    eriepeking wrote: »
    Just to add another bit on this heasache issue. She told me the smell in her room was so bad and a mosquito flew in her room and immediately passed out and died on the floor !

    I just dont know how to respond to comments like that !

    Tell her that the best thing for all of you is for her to move out at the end of the week, that you are terminating the license agreement and that she will have her deposit returned pending a satisfactory room inspection... Unless your "lease"says otherwise


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


    eriepeking wrote: »
    Just to add another bit on this heasache issue. She told me the smell in her room was so bad and a mosquito flew in her room and immediately passed out and died on the floor !

    I just dont know how to respond to comments like that !

    I think at that point you just have to laugh. She's a mentaller. Seriously, I would be scared of someone like that. Kick her out and change the locks.


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  • Registered Users, Registered Users 2 Posts: 5,063 ✭✭✭Greenmachine


    eriepeking wrote: »
    Just to add another bit on this heasache issue. She told me the smell in her room was so bad and a mosquito flew in her room and immediately passed out and died on the floor !

    I just dont know how to respond to comments like that !

    We don't have mosquitoes in ireland for a start, then there is the fact that it is too cold for them this time of year.


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    eriepeking wrote: »
    Hi Ken,

    Thanks so much for the quick reply! We have been looking into this. Can I just say she is being an unpleasant tenant and please go tomorrow? Do I need to return her deposit and thinking I am just unlucky :( She then gets it away so easy and thinking she has won it all?? Thank you !!

    As the owner of the house because you also live there any people that you rent rooms to are only "guests" and can legally be put out on the street with their bags and belongings at any time with only minimal notice.

    normally notice would be a minimum of about a month for most people as they will get on very well with their guests but when things turn sour or nasty the notice period can be as little as a week or even 24hours!

    You have the right to set a time and date by which the guest must be gone and after that time if they have not removed all their belongings you are entitled to put them out in the garden.

    You will have to change the locks for any keys that the guest might have had access to and if she was friendly with other guests I would be asking them to leave too as they might give the problematic guest their key or get one cut for her.

    Basically YOU have all the power and the law is firmly on your side!


  • Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    I wouldn't give her any notice, just pack her stuff and leave it outside, I'd try and get someone out today to change the locks.

    Who knows what she'll do if she knows she's being kicked out.


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Thewife wrote: »
    Serve her notice and give her back her deposit .. I rented a room years ago to what can only be described as a nightmare ... Came home from
    Work every day to the kitchen being a scene from a war movie (tenant didn't work so had all day to make lots of mess) ended up eating my dinner out most days as in order to eat at home Id have to clean her mess ...mess was there for so long had to throw away most of my pots and pans as the food and burn couldn't be removed .... Most days also came home to a strange man who she found on tele text dating .. Coming home to a strange man everyday who is sprawled out on your sofa was to much for me to handle ... She had to go !!!
    Was she a prostitute maybe?
    eriepeking wrote: »
    Hi ABajaninCork,

    I will eventually get her out ! The only thing is it is soo hard to tell her what law has entitled me. Even if I show her the exact info on citizeninformation.ie! she takes it as a joke ! Or she tells me her english is too poor to understand it. ( yet she is in 4th yr uni in Ireland) When i take the route of neither explaining nor discussions, she tells me i am being unreasonable and she is going to ignore what i have informed her.

    I know regardless what she thinks she is getting kicked out. But I guess it will be the hard way after the notice period, i.e. lock changed, stuff on the street!
    Tell her she is "not in Kansas anymore" and that irish law applies and she is being kicked out!
    Be sure to give her the deposit either by electronic transfer or get her to sign that she received it. You don't want her to claim she never received it and demand another deposit back
    Don't give her any deposit back until the room is checked and the locks or the barrel part of the locks(the small round part that the key goes into) is changed
    eriepeking wrote: »
    Just to add another bit on this heasache issue. She told me the smell in her room was so bad and a mosquito flew in her room and immediately passed out and died on the floor !

    I just dont know how to respond to comments like that !
    Hmmm, Stand facing her, with your hands up beside your head palms facing the front place your thumbs in your ears, cross your eyes if able and stick out your tongue whilst wiggling your fingers!


  • Registered Users, Registered Users 2 Posts: 10,632 ✭✭✭✭Marcusm


    She is *not* a tenant- and tenancy law doesn't apply to her.
    She is staying with you and your husband, in your house, under license, and can be asked to leave at any time.
    I would advise giving her a week's notice- and giving her her deposit back in full.

    Unfortunately international students often have unreasonable expectations- she probably thinks she is a tenant and tenancy law applies- well, even if she were, and tenancy law did apply- you could still ask her to leave within the first 6 months- without reason- however this is not the case.

    She has no rights. Tell her to get out.

    With the greatest of respect, that statement is untrue and unhelpful. You acknowledge that she is a licensee but you seem not to take any regard of the fact that the OP has entered into a written agreement which will very much have standing should it go further. The OP should be recommended to give notice in accordance with the written agreement which she has with the student.


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  • Registered Users, Registered Users 2 Posts: 274 ✭✭Betty Bloggs


    eriepeking wrote: »
    Just to add another bit on this heasache issue. She told me the smell in her room was so bad and a mosquito flew in her room and immediately passed out and died on the floor !

    I just dont know how to respond to comments like that !

    Bwahahahahhaha:pac::pac::pac:

    She's either a looney OP, or else she's smoking some seriously heavy weed in that room out the window and that's why she keeps the window open all the time to get rid of the smell. Maybe both! :)

    Seriously though, is it a non smoking house? Might she be sneaking a few cigs or other out the window and trying to keep the room aired to mask the smell because it would break the terms of whatever contract she signed with you?
    Sure she could have just moved into a smoking house but it can be very hard sometimes to find a suitable house in the location you want that allows smokers A lot of ads say "non smokers only" or "non smoking house".

    Either she keeps the window wide open 24 hours a day because she's (a)trying to hide the smell of smoke, or (b) she keeps it open all day because there are toxic, headache causing, mosquito killing fumes (that nobody else can smell) present, and she also enjoys the Irish wind and rain lashing in on top of her, or else (c) she's just a crazy fecker!

    I would think a or c or more likely a combination of both.

    Can't believe she asked you to pay for doctor.

    This girl is deluded and I wouldn't feel comfortable around her at all.
    Follow the advice you've been given here and turf her out asap - as long as you don't break your contract by doing so.


  • Registered Users, Registered Users 2 Posts: 29 eriepeking


    Bwahahahahhaha:pac::pac::pac:

    She's either a looney OP, or else she's smoking some seriously heavy weed in that room out the window and that's why she keeps the window open all the time to get rid of the smell. Maybe both! :)

    Seriously though, is it a non smoking house? Might she be sneaking a few cigs or other out the window and trying to keep the room aired to mask the smell because it would break the terms of whatever contract she signed with you?
    Sure she could have just moved into a smoking house but it can be very hard sometimes to find a suitable house in the location you want that allows smokers A lot of ads say "non smokers only" or "non smoking house".

    Either she keeps the window wide open 24 hours a day because she's (a)trying to hide the smell of smoke, or (b) she keeps it open all day because there are toxic, headache causing, mosquito killing fumes (that nobody else can smell) present, and she also enjoys the Irish wind and rain lashing in on top of her, or else (c) she's just a crazy fecker!

    I would think a or c or more likely a combination of both.

    Can't believe she asked you to pay for doctor.

    This girl is deluded and I wouldn't feel comfortable around her at all.
    Follow the advice you've been given here and turf her out asap - as long as you don't break your contract by doing so.

    Nobody smokes currently in my house including her ! And when we bought the house we spent over 15k renovating it. So no residue smells And that is why i felt she is crazy, whatever she is smelling....


  • Registered Users, Registered Users 2 Posts: 250 ✭✭Funky G


    Sounds like your "tennant" is away with the fairies. Maybe she'll fly out as she seems to want to want her window kept open 24/7

    Tell her the window can't be left open 24/7 - insurance reasons. No need to provide proof. Insurance companies - 123.ie - dont even allow you to keep a key in on the other side of the door in case someone uses a side window to break in. Imagine what could happen when you tell them well, the bedroom window of my lodger's room was open.....

    Tell her to clean up after herself, floors etc, - she is renting a room, not staying in a hotel.

    As for the emergency number, just call your phone company and get her number barred from ringing you.

    As a live in landlord she can spout up all she wants. Just tell her to move out, give her a weeks notice, return deposit if all is ok with the room and change the locks. You've documented enough in case she does something. My inkling thinks she won't do anything.

    Simples.


  • Registered Users, Registered Users 2 Posts: 5,095 ✭✭✭Rubberchikken


    stop explaining things to her. just act.

    also, with next tenant/room renter, don't drive them places, don't facilitate them in any way. they are adults. they will manage.
    get proper rules set out. have them sign the rules. enforce the rules.
    that or stop renting out the room.


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


    Any update OP?


  • Registered Users, Registered Users 2 Posts: 20,725 ✭✭✭✭El_Duderino 09


    In the tenancy agreement you signed, how long is the notice period?

    If she is going to be awkward it might be wise to err on the side of caution and give her the notice in the agreemen.


  • Registered Users, Registered Users 2 Posts: 29 eriepeking


    In the tenancy agreement you signed, how long is the notice period?

    If she is going to be awkward it might be wise to err on the side of caution and give her the notice in the agreemen.

    I see many asking about the lease.

    The terms that related with this topic that i have on the lease are:

    -Tenant accepts that it is not entitled to end this Agreement before the end of the Term
    -To immediately comply with any notice that may be given by the landlord requiring any damages to the property or items on the inventory to be made good.

    -The landlord may recover posession of the Room and the tenancy will come to an end (subject to any statutory provisions) and the tenancy will come to an end (subject to any other rights or remedies the landlord may have) if any time:

    a. Any Rent or any part of the Rent payable under this agreement is outstanding for 14 days after becoming due (whether formally demanded or not); or
    b. There is a breach by the Tenant of any obligation or other provision of this agreement; or
    c. The Tenant becomes bankrupt


    There is not a part mentioning the notice period on neither side. Basically there is not a term describing how one can get out of the lease unless you breach the contract !


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


    eriepeking wrote: »
    I see many asking about the lease.

    The terms that related with this topic that i have on the lease are:

    -Tenant accepts that it is not rntitled to end this Agreement before the end of thr Term
    -To immediately comply with any notice that may be given by the landlord requiring any damages to the property or items on the inventoru to be made good.

    -The landlord may recover posession of the Room and the tenancy will come to an end (subject to any statutory provisions) and thr tenancy will come to an end (subject to any other rights or remedies the landlord may have) if any time:

    a. Any Rent or any part of the Rent payable under this agreement is outstanding for 14 days after becoming due (whether formally demanded or not); or
    b. There is a breach by the Tenant of any obligation or other provision of this agreement; or
    c. The Tenant becomes bankrupt


    There is not a part mentioning the notice period on neither side. Basically there is not a term describing how one can get out of it unless you breach the contract !

    Proof positive that you should not handcuff yourself in this way. You have given the licensee rights they are not entitled


  • Registered Users, Registered Users 2 Posts: 29 eriepeking


    athtrasna wrote: »
    Any update OP?

    Updates is she and her friend now wants to move out before christmas on an agreed date and find a replacement that meets our requirements and satisfy everyone else left in the house. ( believe me i ll carefully select this time)

    But they r already 2 days behind the rent. So if you can see my previous post and the term. I think this might happen first.

    I think there is a chance she coming back to me saying she regrets about whole thing again and try to talk to my husband and negotiate. But i ve told my husband to keep complete silence with them. Meanwhile, she seems all quiet down a lot.


  • Registered Users, Registered Users 2 Posts: 29 eriepeking


    athtrasna wrote: »
    Proof positive that you should not handcuff yourself in this way. You have given the licensee rights they are not entitled

    Which is ????


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