Tenant Disappeared - No contact and no rent for over a month

marathonic

I'm aware that a landlord cannot evict a tenant without going through the due process.

However, what happens where a tenant disappears leaving no contact information and rent is no longer being paid?

I have a friend who's renting a house for which the money is lodged to his bank account every month on the 14th.

Over Christmas, my friend noticed that the December payment wasn't made. It's a tenant of foreign nationality so, as the tenant wasn't in the property over Christmas, it was assumed that he was home for the holiday period.

It's now come to the point where the January payment hasn't been made and he still hasn't been able to contact the tenant. His phone is offline, he wasn't in the house on any occasion that my friend went there and the next door neighbor confirms that it's been a while since he's seen him.

At what point is my friend legally able to gain entry, change the locks and rent the house out to new tenants?

The_Valeyard

Have anyone entered the property yet (in the past month)

Hate to be grim, but is there a possibility that the tenant passed away?

marathonic

The_Valeyard wrote: »

Have anyone entered the property yet (in the past month)

Hate to be grim, but is there a possibility that the tenant passed away?

The thought hadn't crossed my mind - I'll ask my friend but I believe the tenant has a car which isn't there at the moment. It's impossible to say though.

My friend, as would I, respects the tenants right to privacy. However, I think I'll advise him, at a bare minimum, he should get a ladder and have a look inside all rooms in the property. I think two months unpaid rent gives him the right to do this and the contents remaining in the house may give him an idea of whether the tenant has 'done a runner'. It's probably something he should do anyway considering your question and the fact that he lives alone.

marathonic

.45auto wrote: »

Maybe the guy was kidnapped or killed by an asassin or maybe he did the aul hang himself wan*kng job while in a spiderman costume

How exactly is this post helpful? Of is it just a bad sense of humour?

TheChizler

marathonic wrote: »

The thought hadn't crossed my mind - I'll ask my friend but I believe the tenant has a car which isn't there at the moment. It's impossible to say though.

My friend, as would I, respects the tenants right to privacy. However, I think I'll advise him, at a bare minimum, he should get a ladder and have a look inside all rooms in the property. I think two months unpaid rent gives him the right to do this and the contents remaining in the house may give him an idea of whether the tenant has 'done a runner'. It's probably something he should do anyway considering your question and the fact that he lives alone.

If there's a possibility that they're injured or worse inside then surely that would be classed as an emergency so they could go in and check it out? But only to check on the tenant, if they're not there then get out.

athtrasna

marathonic wrote: »

How exactly is this post helpful? Of is it just a bad sense of humour?

Mod note

If you have an issue with a post please report, don't retort.

Subcomandante Marcos

I think your friend should contact the Gardai and say they fear for the tenant's safety as they haven't been able to contact them for over a month and haven't received due payments two months in a row and ask they Gardai if they'd be willing to enter the house with her to ensure the tenant isn't in there dead.

It sounds grim but sadly it's a possibility and the Gardai will be more than willing to oblige. Has happened to a friend of mine who rented a house to a retired man in his late 60's. Never late with rent never had a problem and then missed 2 months rent and couldn't be contacted, friend had to ask the Gardai to enter with him incase something was wrong, Gardai did it no problem and then sorted out phoning an ambulance and finding out how to contact the family of the man in the UK to notify them of the death.

The Raptor

I wouldn't even get a ladder and look in windows, thats just plain odd unless you're painting windows.

Its clear as daylight the guy has done a runner. No rent for two months and the neoghbour hasn't seen him.

Just go in and if they magically appear, tell them work needed to be done or something.

Graces7

Wise and kind to check inside. Thank you. I was once caretaker for a house of bedsits and had to let parents into a room as they had not heard from her daughter for weeks. Thankfully all was well. Wise for folk who live alone to have some kind of contact if need be too. If I do not contact family for three days, they raise the alarm here. Please check. Thank you

Arbiter of Good Taste

OP, is it not pretty obvious that the tenant has done a runner?

Ken.

There was a thread that I can't find now about this time last year about a girl who didn't want to pay rent because she went home to her home country for a month over Christmas.

Op- Did your friend get a reference from the tenant from his work. Maybe could ring his boss and ask is he on holidays as he's worried he hasn't heard from him.

XrayGolf

I would head over to the property and give a good firm knock on the door. If no answer is received, I would let myself in and move from room to room to see if anyone is still residing there or if the tenant has done a runner.

I think 2 months without contact or rent payment is good grounds to enter to check on the welfare of the tenant, given that he hasn't been seen around the property and there's no visible signs that he's still resident. Also, given that there's been no sign of the property being occupied, one could also enter to ensure there's no damage done to the pipe work during the recent cold weather.

Dial Hard

The Raptor wrote:

Just go in and if they magically appear, tell them work needed to be done or something.

Or if they magically appear, tell them you were checking to make sure they weren't lying dead in the shower as they hadn't been or heard from in two months. Absolutely no need for any subterfuge or excuses.

martinr5232

Dial Hard wrote:

Or if they magically appear, tell them you were checking to make sure they weren't lying dead in the shower as they hadn't been or heard from in two months. Absolutely no need for any subterfuge or excuses.

And most importantly wheres me two months rent that you owe me :-)

shellsfinn

send a letter to the property and a text to the phone to give notice that if you do not hear back you will be entering the property in 2 weeks for an inspection. Mind you, I would have done that a month ago - at this point, I'd be round there banging on the door and if you get no joy the police.

antoinolachtnai

Secrion 37 applies, I think, but if in doubt you should consider getting legal advice.

http://www.irishstatutebook.ie/eli/2004/act/27/enacted/en/print#sec37

Nekarsulm

Mr.S wrote: »

What happens in this case, if you just leave without notice and break your lease? Always wondered! How hard is it for the landlord to track you down and demand payment?

References would only get you so far, they are hardly going to tell you where the person now lives..?

Waste of time even trying. Get a new tenant in ASAP, hopefully the tenant hasn't left a huge ESB or Gas bill.

Had similar happen twice with properties we were managing. First case turned out to actually be part of a rent allowance/multiple identity social security scam ( plus the lad had got 3 months jail) and the second case the girl and her children just up and left. Left all belongings in the house, clothes on line etc. Changed locks after three months . A week later I had a crowd from Mullingar Temporary Emergency Accomodation ( or some such name)on to me about "kicking a family out on the street"
I had already been to the Gardai and sniffed through the letterbox etc.
She had paid first month plus deposit then left.

godtabh

Check your insurance. Many only allow for 30 days unoccupied as if there are problems i.e leaking pipe and no one picks it up early the damage can be worse

Lux23

I think I would knock on the door loudly and then let myself in because most likely they are well gone. It's odd though, I think if I ever had to do a moonlight flit, I would at least email the landlord and tell him I was gone a couple of days later. Very selfish behaviour.

Taboola

Lux23 wrote: »

I think I would knock on the door loudly and then let myself in because most likely they are well gone. It's odd though, I think if I ever had to do a moonlight flit, I would at least email the landlord and tell him I was gone a couple of days later. Very selfish behaviour.

I really wouldn't be going down the route of just letting yourself in. Contact the Gardai.

m5ex9oqjawdg2i

Arbiter of Good Taste wrote:

OP, is it not pretty obvious that the tenant has done a runner?

No, no it's not obvious. Hence the questions from the op. It's a possibility though.

Have you had any problems with the tenant in the past op?

km991148

Nekarsulm wrote: »

hopefully the tenant hasn't left a huge ESB or Gas bill.

I wouldn't have thought that was an issue tho? Unless the bills were in the LLs name?


I would be more worried the tenant is either A) Dead/Injured or (Hopefully and prob more likely) done a runner.

manonboard

You could slide a slice ham through the letter box or under the apartment door. In 2 days time "You got a wierd smell coming from the apartment" and all the evidence that theres been no contact with the tenant. Might make the guards accompany you into the place.. Just to be sure they are ok of course

Taco Chips

Bizarre and telling that the first reaction of many on here is that the tenant must have done a runner and trying to stick the LL rather than the more natural, human concern that there may be an emergency and the tenant is injured/deceased.

Cakes and Ale

ken wrote: »

There was a thread that I can't find now about this time last year about a girl who didn't want to pay rent because she went home to her home country for a month over Christmas.

Op- Did your friend get a reference from the tenant from his work. Maybe could ring his boss and ask is he on holidays as he's worried he hasn't heard from him.

There was another - on here if I remember rightly - about someone who was feeding the neighbour's pets; they went home, 'disappeared' for ages and then re-appeared after it turned out they took an extended stay in their home country. But I don't think it was that long, nor that there was rent payments involved.

Nomis21

I vacated a property in UK as I got a job at short notice in another country. No answer from the Landlord's phone so I went to what I thought was the Landlords office in town and posted a note and the keys through the letterbox.

Apparently the Landlord had moved address and the new owners of the office never passed on the note and keys.

Eventually, 6 weeks later, the Landlord traced me to Amsterdam and sent me a stinking letter for not informing him that I had left the property!

Nekarsulm

km991148 wrote: »

I wouldn't have thought that was an issue tho? Unless the bills were in the LLs name?


I would be more worried the tenant is either A) Dead/Injured or (Hopefully and prob more likely) done a runner.

If the service is cut off, the landlord will be paying the reconnection fee, and may have to wait up to a week..

It's highly unlikely the tenant is lying dead in there, by this time, even with the cold weather, I'm sure you'd small something through the letterbox. Ask a Guard to accompany you in to be on the safe side.

Nekarsulm

Taco Chips wrote: »

Bizarre and telling that the first reaction of many on here is that the tenant must have done a runner and trying to stick the LL rather than the more natural, human concern that there may be an emergency and the tenant is injured/deceased.

Not bizarre at all. It's probably 1/1000 chance the tenant is dead. 999/1 they have vacated.
I'm sure the OP has a photocopy of ID and work references etc. might help trace them.

foggy_lad

Nekarsulm wrote: »

Waste of time even trying. Get a new tenant in ASAP, hopefully the tenant hasn't left a huge ESB or Gas bill.

Had similar happen twice with properties we were managing. First case turned out to actually be part of a rent allowance/multiple identity social security scam ( plus the lad had got 3 months jail) and the second case the girl and her children just up and left. Left all belongings in the house, clothes on line etc. Changed locks after three months . A week later I had a crowd from Mullingar Temporary Emergency Accomodation ( or some such name)on to me about "kicking a family out on the street"
I had already been to the Gardai and sniffed through the letterbox etc.
She had paid first month plus deposit then left.

Any electric or other utility charges are nothing to do with the landlord or owner or next tenants!

Nekarsulm

foggy_lad wrote: »

Any electric or other utility charges are nothing to do with the landlord or owner or next tenants!

Try getting reconnected without paying the re-connection fee, see how far you get with that argument!
As a landlord, or a letting/managment agent, you have no right to know what is owed by a tenant.

pc7

Mr.S wrote: »

What happens in this case, if you just leave without notice and break your lease? Always wondered! How hard is it for the landlord to track you down and demand payment?

Nigh on impossible, I'm yet to have to give a tenant get their deposit back, all have never paid their last months rent saying take it out of the deposit.
Family member had tenants (working tenants) wreck their house before leaving, sent solicitors letters to work place and home place ( left driving license behind), they just laughed and ignored it all.

magicmushroom

foggy_lad wrote: »

Any electric or other utility charges are nothing to do with the landlord or owner or next tenants!

No, but if the tenant isn't paying either and is in arrears, the utility companies will disconnect.

The LL will then need to pay quite a lot of money to get the services reconnected.

marathonic

Just a quick update that I couldn't post earlier due to the Boards site issues: The tenant has contacted the landlord upon returning to the property and seeing the notice the landlord put through the letterbox.

As suspected, he was at home on holidays. He has apologised and told the landlord that money is short so he can pay 2 weeks worth of rent every week from now until his arrears are cleared. He asked me for my advice which was that, if the tenant has no ability to repay quicker, his best option is to proceed with the tenants plan and be more proactive in the future.

I'm sure the advice above will be useful for him, or other landlords, in the future. Most of the online information appears to be related to the more common scenario of getting a tenant out of a property when they will not leave as opposed to cannot be contacted.

Arbiter of Good Taste

marathonic wrote: »

Just a quick update that I couldn't post earlier due to the Boards site issues: The tenant has contacted the landlord upon returning to the property and seeing the notice the landlord put through the letterbox.

As suspected, he was at home on holidays. He has apologised and told the landlord that money is short so he can pay 2 weeks worth of rent every week from now until his arrears are cleared. He asked me for my advice which was that, if the tenant has no ability to repay quicker, his best option is to proceed with the tenants plan and be more proactive in the future.

I'm sure the advice above will be useful for him, or other landlords, in the future. Most of the online information appears to be related to the more common scenario of getting a tenant out of a property when they will not leave as opposed to cannot be contacted.

Well I honestly didn't see that one coming. My view would be, If the LL is prepared to take a risk on this guy, that's his business, but if there is one more infraction, I would be issuing eviction notices pronto.

Money was short because he prioritised his holiday home over his rent.

garhjw

Arbiter of Good Taste wrote: »

Well I honestly didn't see that one coming. My view would be, If the LL is prepared to take a risk on this guy, that's his business, but if there is one more infraction, I would be issuing eviction notices pronto.

Money was short because he prioritised his holiday home over his rent.

i agree. i would suggest the landlord issue a letter to the tenant regarding the payment plan - if the repayments are not made as agreed, eviction notice will be issued.