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Old landlord harassing me

  • 21-02-2019 12:20pm
    #1
    Registered Users, Registered Users 2 Posts: 7


    Okay so I was living in this apartment with my partner for 2 years. We called the landlord in November and said we were leaving and would be gone in December (2018). He said that was fine considering we weren't on a contract and he knew we had been looking for somewhere new.
    We paid him up to December's rent and left the apartment in immaculate condition.
    (He doesn't live in the city where the apartment is and he is too sick to come visit)
    Almost every day since December first he has been calling me claiming I never paid September, October, November or December's rent. (I've got receipts to prove)
    He's also saying I'm liable for January AND Februarys rent because he lives out of the city and never collected the apartment keys. (He's selling the apartment so the realtor has the keys, and he knows that)
    Also the power got cut to the apartment after we left, and since its prepay there's been a daily charge so the current balance is over -100 at the moment which he also says I'm liable for!
    He says all this because he CLAIMS we never told him we were leaving and never gave him a date.
    Also I never received my deposit back, and considering he thinks I owe him literal thousands in unpaid rent I don't think I will be seeing it anytime soon.
    He's been calling me looking for money and making ridiculous claims since December and I can't take it anymore. He's had the realtor call me too and his son. And he calls me on private numbers and phone numbers I don't recognise to trick me into answering too.
    I'm living in fear and I honestly don't know what to do.
    He keeps telling me he knows people who know my parents and he has their address because I used it as the return address for my rent checks. He also said he knows a private detective in my hometown.
    There's no way I could afford January and February rent on an apartment im not even living in!
    What can I do here? Should we just block him or what can i do? I don't want to go to the police with harassment charges because we got on so well while we were living there and I do like him as a person. I just don't know what to do.
    Has he any legal standing considering we weren't on a contract? And the apartment was not registered as being rented either. He just wanted us in until he sold it, which obviously took a lot longer than he was hoping.


Comments

  • Registered Users, Registered Users 2 Posts: 2,409 ✭✭✭1874


    what country is this in?


  • Posts: 0 [Deleted User]


    If you have receipts and were not under a lease I would ignore him.

    If he persists, I would go down the police route and report him for harassment. Regardless of your previous relationship, you need to protect yourself.


  • Registered Users, Registered Users 2 Posts: 1,122 ✭✭✭killanena


    Block his number, completely ignore any engagement with him. Keep a dairy of everything that happens from now on. If he fails to stop, go to the guards.


  • Registered Users, Registered Users 2 Posts: 14,234 ✭✭✭✭Dial Hard


    killanena wrote: »
    If he fails to stop, go to the guards.

    Pretty sure the OP has wandered onto Boards without realising it's an Irish site.


  • Registered Users, Registered Users 2 Posts: 7,071 ✭✭✭ebbsy


    Tell him you are popping in to have a chat with Revenue as well.


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  • Registered Users, Registered Users 2 Posts: 7 stormlover27


    I'm in ireland


  • Registered Users, Registered Users 2 Posts: 530 ✭✭✭Hedgelayer


    Sounds like he's doeting, or loosing it.
    Just hold onto the receipts and block him from contacting ye.

    He's probably just forgetful and not with it


  • Registered Users, Registered Users 2 Posts: 767 ✭✭✭claiva


    change your number and report him to the guards


  • Registered Users, Registered Users 2 Posts: 3,627 ✭✭✭Fol20


    -How did you notify your ll that your leaving and how dod you specify the date. If you have it on a text message. Dave this for your own protection. If acknowledged your leaving in some written form this could also be useful

    - if you did electronic transfer for rent. Your covered. I would not engage with the ll any longer.

    -if the ea makes contact with you again. Inform him that you will report them to the gardai for harassment. Normally i wouldnt expect an ea to act like that

    - make a detailed diary of every communication you have with them and date stamp them going forward.

    - in regards to your deposit. Dispute it with the rtb.

    Speaking from a ll point of view, ll like this give us a bad name. If your not cut out for the business just hand it off to someone that can do the work. Honestly if he cant make it to your city because he is sick. Its not your fault. He should have local people to help out.


  • Registered Users, Registered Users 2 Posts: 2,531 ✭✭✭Car99


    Tell him to stop harassing you or you will be reporting him to the Gardai. That's his warning if he persists contact the Gardai.


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  • Registered Users, Registered Users 2 Posts: 7 stormlover27


    Thank you for your reply! I notified him during a phone call, which looking back probably wasn't the smartest thing to do, but then again I could have never seen this coming.
    I payed him rent via postal order once a month, he wouldnt give me bank details etc. Probably because the apartment was not registered as having tenants....
    I am going to start a diary of communication, I have already got plenty of screenshots from my phone records and text messages.


  • Registered Users, Registered Users 2 Posts: 3,627 ✭✭✭Fol20


    Thank you for your reply! I notified him during a phone call, which looking back probably wasn't the smartest thing to do, but then again I could have never seen this coming.
    I payed him rent via postal order once a month, he wouldnt give me bank details etc. Probably because the apartment was not registered as having tenants....
    I am going to start a diary of communication, I have already got plenty of screenshots from my phone records and text messages.

    Did he ever communicate to you via text that he knew you were leaving. It strengthens your case. Tbh the RTB are very anti ll also so as long as you appear reasonable when you discuss your issue. You should win.

    Postal order is a new one to me. Normally people do cash or eft. Not sure how postal order works but you sound organized so should be fine.

    There comes a time when being nice has got to give and if he has been pestering you for 2 months, i would be firm and formal with him.potentially record the phone calls also if he is agressive.


  • Registered Users, Registered Users 2 Posts: 6,548 ✭✭✭Claw Hammer


    Make a complaint to the RTB for the return of your deposit!

















    1


  • Registered Users, Registered Users 2 Posts: 9,070 ✭✭✭Tipsy McSwagger


    Okay so I was living in this apartment with my partner for 2 years. We called the landlord in November and said we were leaving and would be gone in December (2018). He said that was fine considering we weren't on a contract and he knew we had been looking for somewhere new.
    We paid him up to December's rent and left the apartment in immaculate condition.
    (He doesn't live in the city where the apartment is and he is too sick to come visit)
    Almost every day since December first he has been calling me claiming I never paid September, October, November or December's rent. (I've got receipts to prove)
    He's also saying I'm liable for January AND Februarys rent because he lives out of the city and never collected the apartment keys. (He's selling the apartment so the realtor has the keys, and he knows that)
    Also the power got cut to the apartment after we left, and since its prepay there's been a daily charge so the current balance is over -100 at the moment which he also says I'm liable for!
    He says all this because he CLAIMS we never told him we were leaving and never gave him a date.
    Also I never received my deposit back, and considering he thinks I owe him literal thousands in unpaid rent I don't think I will be seeing it anytime soon.
    He's been calling me looking for money and making ridiculous claims since December and I can't take it anymore. He's had the realtor call me too and his son. And he calls me on private numbers and phone numbers I don't recognise to trick me into answering too.
    I'm living in fear and I honestly don't know what to do.
    He keeps telling me he knows people who know my parents and he has their address because I used it as the return address for my rent checks. He also said he knows a private detective in my hometown.
    There's no way I could afford January and February rent on an apartment im not even living in!
    What can I do here? Should we just block him or what can i do? I don't want to go to the police with harassment charges because we got on so well while we were living there and I do like him as a person. I just don't know what to do.
    Has he any legal standing considering we weren't on a contract? And the apartment was not registered as being rented either. He just wanted us in until he sold it, which obviously took a lot longer than he was hoping.



    Hmmmm


  • Registered Users, Registered Users 2 Posts: 293 ✭✭Subutai


    You need to restrain him regarding the harassment first, that's unacceptable. Get yourself down to the Gardaí and make a complaint against the EA and the landlord under ss 10 and 11 of the Non-Fatal Offences Against the Person Act 1997. I wouldn't be arsed warning them you plan to make such a complaint (a call from the Gardaí is usually more effective), but if you do inform them of precisely the complaint you intend to make (sections of an act are more effective than "harassment" in demonstrating your seriousness) and when.

    In terms of what you owe, tell him that if he has an issue regarding any monies owed to him he should bring a case to the RTB.

    You likely do owe him some money. A notice of termination, even from a tenant, has to be in writing and follow the form set out in s 61 of the 2004 Act.

    Failing that, your tenancy was deemed terminated. The date of termination is therefore 28 days after you stopped paying rent, according to s 37(2). Your rent liability is therefore calculated from 28 days after you stopped paying rent (and includes those 28 days). You are liable for the notice period you would have been obliged to give, which is 42 days if you were there between 1 and 2 years. 56 if you were there between 2 and 3 years.

    So you owe him either 70 or 84 days rent, depending on which side of 2 years you were at.

    You are entitled to your deposit back, so he would be unlikely to benefit much from taking you through the RTB process. In any case, he can't initiate a dispute as he is not registered. He is also likely out of time to do so, but I haven't checked that.


  • Registered Users, Registered Users 2 Posts: 2,409 ✭✭✭1874


    I'm in ireland


    Well, you wouldnt think so, there are a number of words (synonyms) of what would be used here commonly that you are not using, and ringing someone is not a formal means to give notification of ending a tenancy, even if someone did give confirmation, you have no proof of this, so maybe you are here but that doesnt negate the fact you have not given a notice to end the tenancy correctly and consequently have no proof of it, for all we know, you did do what you say OR you left suddenly without notice? If the former you have not covered yourself by doing things correctly in advance, that doesnt help a situation as you have described, but given the way it is here, I doubt there would be any follow up.
    Any landlord here who has a tenant who vacates promptly and leaves a place clean should be grateful and leave it at that, it can be difficult enough to get someone to leave if you wanted to, paid up and place clean.


  • Registered Users, Registered Users 2 Posts: 68 ✭✭Arklow10


    Most unusual, strongly suspect there is more going on....
    I am curious why did you not ask for your deposit back?
    Have you rented previously, just checking do you understand what the requirements/norms are when renting a property re notice, inspections before leaving, deposit retention, key return,outstanding bills/notice of change of name re bills payment? Your departure is methodology is somewhat unusual.

    However notwithstanding the above , suggest the following, some which you have already have in hand or previous posts have mentioned;
    Copies of Postal Orders receipts , retain all you have in a safe place (never heard of this form of payment previously)
    Have you a record of the date/time of the call you made to LL to say when leaving?
    Did you take any photos of the property when you were leaving? If so retain.
    Save all messages of texts and any dates/times phone calls received and print these out
    Talk to PRT - on this occasion it may be outside of their remit, but report it anyway, it may have moved to a Criminal matter
    Talk to a Solicitor - I would do this now (he may well ask you to report to Gardai) if so I would also this immediately and bring along all copies of all information you have. Very treating behavior
    Any lease for this rental, if so what does the lease say re leaving the property, bring lease along to Solicitor also
    No further engagement with LL at all, only via solicitor


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