Damage to apartment,need advice..

FrostBit2015 · 24-01-2015 5:34pm #1

First time poster here. I am looking for a bit of directional advice.Give you a bit of background on the situation.

I am a student who recently celebrated my 21st, I had a few friends from college who were attending, so I booked an apartment in my local town through Airbnb.com. under my name. So after the party a few of my friends went back to the apartment, a lot of uninvited guests also came back and there was damage done to the apartment. There was a shower door €200, mirror worth €50 and pictures worth about €25, all broken. Myself nor none of my friends know who done the damage and of course nobody is owning up to it.

So the next day, I contacted the person who was caretaker of the apartment and told them that damage had been done, I told them I would pay for the damaged items. They said not to worry and that they would discuss it with the apartment owners, at this point I had returned the keys.

A couple of days passed and I get a phone call from the owners saying that the damage done was €1200, that they would have to replace the carpets and lino throughout the whole apartment, along with the other items already stated. I explained to them that I was willing to pay for the broken items but wouldn't pay for lino and carpet replacement, as both coverings were about 10 years old and in very bad state when I arrived.

Next thing another couple of days pass, I receive a phone call from local Garda station,saying the owner had made a compliant against me and I owed €1,200, the Garda was taken it as gospel that what the owner was saying was true. The Garda asked me if I was willing to pay this, I explained I willing to pay €500 towards the items broken but that was it, as the floor coverings were in bad state before we arrived.

The Garda then informed me that this wasn't good enough and it would have to go to court. So he has now asked me to come in and give a statement. What I am wondering is under what law will this statement be taken, as I cant see how I have broke the law and how this is a criminal matter, is this not something for the small claims court.

Any advice, I haven't engaged a solicitor yet, as I am not sure if this is a criminal matter.

muletide · 24-01-2015 5:37pm

Sounds like the landlord has a friend in the force

FrostBit2015 · 24-01-2015 5:41pm

muletide wrote: »

Sounds like the landlord has a friend in the force

He has more than one, he owns another building in our town that is being rented to the district court for our area.

jimmii · 24-01-2015 5:45pm

If they are being excessive and you can't come to an agreement they are covered by the Host Guarantee but they would have to have prove of the cost of the damage.

Get a full list of what they say was damaged in your group would be the first thing to do. Do you have proof that the floor coverings were in poor condition before you were there?

seankb · 24-01-2015 5:51pm

You could suggest to have the floor professionally cleaned they might go for that it's cheaper than replaceing the whole floor. Prob just gonna be an argument of your word against them.

FrostBit2015 · 24-01-2015 5:54pm

seankb wrote: »

You could suggest to have the floor professionally cleaned they might go for that it's cheaper than replaceing the whole floor. Prob just gonna be an argument of your word against them.

Funny enough there bill is charging for cleaning of carpets and the replacement, I know that doesn't make sense but that on the bill.

Is this an issue that the Guards should be dealing with or should it be the small claims court.

hullaballoo · 24-01-2015 5:54pm

Have we all read the charter now?

FrostBit2015 · 24-01-2015 5:57pm

hullaballoo wrote: »

Have we all read the charter now?

Apologises first time user, hope I haven't infringed any rules.

hullaballoo · 24-01-2015 6:05pm

FrostBit2015 wrote: »

Apologises first time user, hope I haven't infringed any rules.

Just as much a reminder to everyone else. The thread is very close to the line but practical assistance can be given without crossing over to legal advice, which is not allowed.

Marcusm · 24-01-2015 7:16pm

Clearly there's an issue as you are the "renter" and damage has been done. Given the amounts involved and the Garda contact, it would be worthwhile seeing whether you anyone in your family has a solicitor friend who might be willing to call the Garda on your behalf. Surely, they should only be involved if "criminal damage" was in point but that should involve the people who caused the damage. The GArda might well butt out if he was called by a solicitor. The right forum for this seems to be Airbnb's resolution service.

Little CuChulainn · 24-01-2015 8:57pm

Marcusm wrote: »

Clearly there's an issue as you are the "renter" and damage has been done. Given the amounts involved and the Garda contact, it would be worthwhile seeing whether you anyone in your family has a solicitor friend who might be willing to call the Garda on your behalf. Surely, they should only be involved if "criminal damage" was in point but that should involve the people who caused the damage. The GArda might well butt out if he was called by a solicitor. The right forum for this seems to be Airbnb's resolution service.

Criminal damage would involve the people who damaged it. And the firs port of call to find out who that was would be to find out who was there, hence the op.

the dark phantom · 24-01-2015 9:02pm

If you don't admit to doing anything in statement you can't be charged and brought to court as there won't be any evidence to suggest you committed Criminal Damage.

So keep mum as they say and don't throw anymore parties.

Marcusm · 24-01-2015 9:05pm

Little CuChulainn wrote: »

Criminal damage would involve the people who damaged it. And the firs port of call to find out who that was would be to find out who was there, hence the op.

The appropriate means for the GArdai to deal with an allegation of criminal damage is not to ring someone and demand money be paid over.....

FrostBit2015 · 24-01-2015 9:05pm

the dark phantom wrote: »

If you don't admit to doing anything in statement you can't be charged and brought to court as there won't be any evidence to suggest you committed Criminal Damage.

So keep mum as they say and don't throw anymore parties.

But in that situation who covers the cost of the damage to the apartment?

jimmii · 24-01-2015 9:08pm

FrostBit2015 wrote: »

But in that situation who covers the cost of the damage to the apartment?

Host guarantee if they can prove the damage was done by someone who booked via the site.

dimsumss · 24-01-2015 9:10pm

it would be a civil matter not a garda ,talk to solicitor before you go to garda station

iwillhtfu · 24-01-2015 9:12pm

FrostBit2015 wrote: »

But in that situation who covers the cost of the damage to the apartment?

Did you pay a deposit? If not then is there a contract in place and a mention of damages?

Ken. · 24-01-2015 9:12pm

Is there any chance that photos were taken on the night that might have the carpet and lino in them?. Could go towards showing there old and worn.

Escapees · 24-01-2015 9:13pm

Off-topic I know, but I can't believe the OP used Airbnb to rent a 'venue' in their local town for their 21st! I think that says a lot, to be honest with you.

FrostBit2015 · 24-01-2015 9:13pm

iwillhtfu wrote: »

Did you pay a deposit? If not then is there a contract in place and a mention of damages?

No paid no deposit.

jimmii · 24-01-2015 9:15pm

Escapees wrote: »

Off-topic I know, but I can't believe the OP used Airbnb to rent a 'venue' in their local town for their 21st! I think that says a lot, to be honest with you.

Why? I would have thought it would be one the first places people would look if they wanted to rent an apartment to host a party.

macyard · 24-01-2015 9:17pm

jimmii wrote: »

Why? I would have thought it would be one the first places people would look if they wanted to rent an apartment to host a party.

If it's in your local area why not just host it in your house unless you had a feeling that the place would end up trashed

BrianBoru00 · 24-01-2015 9:18pm

the dark phantom wrote: »

If you don't admit to doing anything in statement you can't be charged and brought to court as there won't be any evidence to suggest you committed Criminal Damage.

So keep mum as they say and don't throw anymore parties.

Thats a ridiculous post. The gardai & DPP will decide on whether or not there is a case to answer. Someone not admitting to something does not mean it won't go to court.

OP - Gardai have nothing to do with you having to pay an amount to replace items - that would be a civil case.
I'm not sure under which law the gardai can prosecute you but based on the evidence so far I don't think they would pursue it BUT remember:
The Law is an ass

jimmii · 24-01-2015 9:20pm

macyard wrote: »

If it's in your local area why not just host it in your house unless you had a feeling that the place would end up trashed

Not many 21 year old college kids have their own house I would have thought.

Little CuChulainn · 24-01-2015 9:22pm

Marcusm wrote: »

The appropriate means for the GArdai to deal with an allegation of criminal damage is not to ring someone and demand money be paid over.....

You are correct. What he should have done was arrest the op on suspicion of criminal damage and detain him and interview him.

FrostBit2015 · 24-01-2015 9:22pm

BrianBoru00 wrote: »

OP - Gardai have nothing to do with you having to pay an amount to replace items - that would be a civil case.
I'm not sure under which law the gardai can prosecute you but based on the evidence so far I don't think they would pursue it BUT remember:
The Law is an ass

Thanks Brian.

Now that the Guard has asked me to provide a statement, how do I go about saying that I feel this is a civil case and should not be dealt with by the Guards.

macyard · 24-01-2015 9:26pm

jimmii wrote: »

Not many 21 year old college kids have their own house I would have thought.

It usually happens in mummy's gaff and if you rent anything it would be a room in a pub or something, he said he lives in the area why not have it house where you live

jimmii · 24-01-2015 9:30pm

macyard wrote: »

It usually happens in mummy's gaff and if you rent anything it would be a room in a pub or something, he said he lives in the area why not have it house where you live

It doesn't really matter much now. Lets get it back on topic!

MarkAnthony · 24-01-2015 9:42pm

the dark phantom wrote: »

So keep mum as they say and don't throw anymore parties.

Schtum... Keep Schtum, and mum's the word. Keeping mum sounds like you've someone locked in the attic.

OP absolutely no sympathy for you, I'd suggest paying it or doing as Marcusm suggests, you have no idea the fecking hassle crap like this causes. If you want to do this kind of crap rent a warehouse in the middle of nowhere.

The only advice I would give you is not to speak to the guards without consulting a solicitor. Expect no end of hassle which is so richly deserved.

MarkAnthony · 24-01-2015 9:51pm

FrostBit2015 wrote: »

Thanks Brian.

Now that the Guard has asked me to provide a statement, how do I go about saying that I feel this is a civil case and should not be dealt with by the Guards.

"Guard I feel this is a civil case and on the advice of my solicitor I have no comment." Just make sure the second bit has actually involved a solicitor. Guard may feel different but there is sod all you can do about that. I'd be making sure my driving was beyond reproach for the next, oh I dunno, decade or so.

FrostBit2015 · 24-01-2015 9:55pm

MarkAnthony wrote: »

"Guard I feel this is a civil case and on the advice of my solicitor I have no comment." Just make sure the second bit has actually involved a solicitor. Guard may feel different but there is sod all you can do about that. I'd be making sure my driving was beyond reproach for the next, oh I dunno, decade or so.

Perfect, probably best to this in person or could I contact him over the phone.

MarkAnthony · 24-01-2015 9:57pm

FrostBit2015 wrote: »

Perfect, probably best to this in person or could I contact him over the phone.

Personally I'd just keep mum, but a solicitor will advise you. In all honesty they'll probably do this over the phone for free initially. Alternatively speak to your local FLAC. Hopefully it's a lesson learned.

BrianBoru00 · 24-01-2015 10:21pm

FrostBit2015 wrote: »

Thanks Brian.

Now that the Guard has asked me to provide a statement, how do I go about saying that I feel this is a civil case and should not be dealt with by the Guards.

Again, it doesn't really matter if you feel its a civil issue - if your requested to make a statement its up to you if you want to. If I were in the situation I would politely say I have no statement on the matter as I wasn't present when the alleged incident took place (or you could just use that as your statement).
They would need to bring you in for questioning but thats a step further - you could refuse to do that and risk arrest on suspicion for something.
As I said, I would be surprised if they pursued it as a criminal case as AFAIK you are not responsible for the criminal act so I don;t think any court could convict you but as I said above ...you just cannot be 100%.

There are many very decent guards out there but there are also some that are not so be polite when dealing with them and avoid any confrontation if possible.

Damage to apartment,need advice..

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