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Eviction without written notice

  • 12-11-2016 11:00pm
    #1
    Edups
    Closed Accounts Posts: 678 ✭✭✭


    Just been wondering - we lived in a house for about 4 months at which time the landlord threatened eviction twice the second he did evict us. In fairness we were a week late with rent because the bank had paid him the rent but not taken it from us and some bills came along that took the money, leaving us overdrawn, so the following week I couldn't pay double, so I pay the rent plus half, and again the week after. What I'm basically wondering is do I have a case with the RTB even though it's been so long?
    What basically happened leading to our departure is this:

    His brother let himself in unannounced screamed at the top of his voice that we are to leave, <mod edit> insulted me<edit> when I asked him what he's doing in my house, (I don't care what anyone says when renting it's our house)
    There was no eviction notice
    He took 100 from our deposit for not cleaning the oven which was used twice by us and definitely not cleaned when we moved in
    We were never registered with the RTB
    And he never signed a lease but we paid electronically so I have proof I paid rent to him including the missed rent
    His brother left a note in our letter box saying something like "it's not working out" because we paid on Wednesday every week, we had told him this was happening but he wanted rent Monday??

    Are we too late to pursue this? We couldn't do anything at the time as we were left genuinely homeless and ended up living in a B&B.


Comments

  • #2
    davindub
    Registered Users, Registered Users 2 Posts: 1,447 ✭✭✭davindub


    How long ago was it? There is a short time frame for RTB cases for eviction, 28 days.


  • #3
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Edups wrote: »
    Just been wondering - we lived in a house for about 4 months at which time the landlord threatened eviction twice the second he did evict us. In fairness we were a week late with rent because the bank had paid him the rent but not taken it from us and some bills came along that took the money, leaving us overdrawn, so the following week I couldn't pay double, so I pay the rent plus half, and again the week after. What I'm basically wondering is do I have a case with the RTB even though it's been so long?
    What basically happened leading to our departure is this:

    His brother let himself in unannounced screamed at the top of his voice that we are to leave, when I asked him what he's doing in my house, (I don't care what anyone says when renting it's our house)
    There was no eviction notice
    He took 100 from our deposit for not cleaning the oven which was used twice by us and definitely not cleaned when we moved in
    We were never registered with the RTB
    And he never signed a lease but we paid electronically so I have proof I paid rent to him including the missed rent
    His brother left a note in our letter box saying something like "it's not working out" because we paid on Wednesday every week, we had told him this was happening but he wanted rent Monday??

    Are we too late to pursue this? We couldn't do anything at the time as we were left genuinely homeless and ended up living in a B&B.

    You have a case for illegal eviction and AFAIK there is no time limit on when you can open a case with the RTB. Clearly you and many others will not be in a position to open cases within 28 days if left homeless by such actions!

    You were entitled to notice of arrears and once paid up to date that is dealt with, The Landlord's brother entered your home illegally, You were evicted illegally!

    You can be asked to leave(with 28 day's notice) within 6 months of starting a part4 tenancy but if you had signed a lease or made a verbal agreement to stay for a year or more that timeframe is how long you would be entitled to stay.

    You can deal with the RTB even if the landlord never registered the tenancy, he will also be fined for that.


  • #4
    [Deleted User]
    Posts: 24,714 ✭✭✭✭ [Deleted User]


    foggy_lad wrote: »
    You have a case for illegal eviction and AFAIK there is no time limit on when you can open a case with the RTB. Clearly you and many others will not be in a position to open cases within 28 days if left homeless by such actions!

    You were entitled to notice of arrears and once paid up to date that is dealt with, The Landlord's brother entered your home illegally, You were evicted illegally!

    You can be asked to leave(with 28 day's notice) within 6 months of starting a part4 tenancy but if you had signed a lease or made a verbal agreement to stay for a year or more that timeframe is how long you would be entitled to stay.

    You can deal with the RTB even if the landlord never registered the tenancy, he will also be fined for that.

    If I'm reading his post correctly he was in the house less than 6 months. This means he can be asked to leave for any reason as he is not on part 4.


  • #5
    Edups
    Closed Accounts Posts: 678 ✭✭✭Edups


    Erick Low Oarsman wrote: »
    If I'm reading his post correctly he was in the house less than 6 months. This means he can be asked to leave for any reason as he is not on part 4.

    I was yes. But still they must give you 28 days written notice?


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