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Can I kick her out?

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    #182
    MadDog76
    Closed Accounts Posts: 5,162 ✭✭✭MadDog76


    Quantum Erasure wrote: »
    from another thread here

    Moving house out of necessity, and with no other options available, is a different situation to the one described by the Op in this thread.


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    #183
    MadDog76
    Closed Accounts Posts: 5,162 ✭✭✭MadDog76


    splinter65 wrote: »
    So you DO know better then the RTB? I’ve a feeling that you are pretty much an expert on almost every subject that might come up for discussion.
    So. Let’s pretend that you are a lincesee in someone’s home and the homeowner has asked you to leave please by 3pm on Friday . You don’t want to leave.
    What’s your next step claw hammer? Just refuse to go?
    Fine.
    Say you go out on Saturday to get some shopping and come back and find that the homeowner has managed to lock you out. You ring him and he tells you that he’s in your room bagging up your things and you can come back and collect them at 3pm.
    What are you going to do now?

    Ring the AGS.......


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    #184
    MadDog76
    Closed Accounts Posts: 5,162 ✭✭✭MadDog76


    KevRossi wrote: »
    This doesn't look too good.

    https://twitter.com/bridsmithTD/status/1254871888989433856

    This is what gives the Gardaí the motivation, and authority, to step in to the Op's situation if/when necessary.

    As I've said, the Op cannot simply kick her out during the current crisis without facing severe consequences.


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    #185
    talla10
    Registered Users Posts: 1,117 ✭✭✭talla10


    AGS do not get involved in evictions. Its purely a civil matter and AGS will only attend to ensure no offences have been committed and there has been no breach of the peace.

    If PRTB are of no assistance seek the advice of a solicitor who is experienced in such matters


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    #186
    dubrov
    Registered Users Posts: 3,548 ✭✭✭dubrov


    talla10 wrote: »
    AGS do not get involved in evictions. Its purely a civil matter and AGS will only attend to ensure no offences have been committed and there has been no breach of the peace.

    If PRTB are of no assistance seek the advice of a solicitor who is experienced in such matters

    It has already been stated a few times.

    You are wasting your time.
    Some people just believe what they want.


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    #187
    MadDog76
    Closed Accounts Posts: 5,162 ✭✭✭MadDog76


    talla10 wrote: »
    AGS do not get involved in evictions. Its purely a civil matter and AGS will only attend to ensure no offences have been committed and there has been no breach of the peace.

    If PRTB are of no assistance seek the advice of a solicitor who is experienced in such matters

    Normally yes but we're in an emergency situation and the Gardaí absolutely will get involved if necessary......... in fact, the Gardaí are getting involved in lots of situations currently that they normally don't...... their main focus right now is to enforce the current restrictions wherever necessary.


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    #188
    Quantum Erasure
    Registered Users Posts: 8,169 ✭✭✭Quantum Erasure


    MadDog76 wrote: »
    Moving house out of necessity, and with no other options available, is a different situation to the one described by the Op in this thread.

    If she's kicked out, it's not. In reply to your earlier post
    MadDog76 wrote: »
    ...... if however, and for whatever reason, she decided she doesn't want to leave then she can ring the Gardai and the Op would be told in no uncertain terms that what he is attempting to do (ie. force her out) is circumvent the current restrictions and will be liable for the consequences of his actions.

    His only hope is her wanting to leave and people willing to break the restrictions (and risk being caught) to facilitate her leaving....... failing that he's stuck with her for the time being.


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    #189
    MadDog76
    Closed Accounts Posts: 5,162 ✭✭✭MadDog76


    Quantum Erasure wrote: »
    If she's kicked out, it's not. In reply to your earlier post

    Being forced out of the household that you've been observing emergency restrictions in is different to moving house because your current abode is, for example, no longer suitable/safe.


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    #190
    Dav010
    Registered Users Posts: 14,008 ✭✭✭✭Dav010


    I can’t believe this thread is still going around in circles, the op has long ago given up and the same clap trap is being repeated over and over.

    I’ve seen threads locked for less.


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    #191
    talla10
    Registered Users Posts: 1,117 ✭✭✭talla10


    dubrov wrote: »
    It has already been stated a few times.

    You are wasting your time.
    Some people just believe what they want.
    MadDog76 wrote: »
    Normally yes but we're in an emergency situation and the Gardaí absolutely will get involved if necessary......... in fact, the Gardaí are getting involved in lots of situations currently that they normally don't...... their main focus right now is to enforce the current restrictions wherever necessary.


    I see your point!


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    #192
    imfml
    Registered Users Posts: 466 ✭✭imfml


    MadDog76 wrote: »
    Being forced out of the household that you've been observing emergency restrictions in is different to moving house because your current abode is, for example, no longer suitable/safe.

    Maybe the OP should move so, since their current abode is no longer suitable with a smoking tenant, and no longer safe with a person flouting the restrictions.
    Boo hoo to the lodger. College is cancelled, go home.


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    #193
    MadDog76
    Closed Accounts Posts: 5,162 ✭✭✭MadDog76


    imfml wrote: »
    Maybe the OP should move so, since their current abode is no longer suitable with a smoking tenant, and no longer safe with a person flouting the restrictions.
    Boo hoo to the lodger. College is cancelled, go home.

    Structurally unsafe dwelling, for example, would be seen as an essential move.


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    #194
    dubrov
    Registered Users Posts: 3,548 ✭✭✭dubrov


    MadDog76 wrote: »
    Structurally unsafe dwelling, for example, would be seen as an essential move.

    You are probably right but are you referencing legislation, a precedent or your opinion?


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    #195
    893bet
    Registered Users Posts: 8,745 ✭✭✭893bet


    dubrov wrote: »
    You are probably right but are you referencing legislation, a precedent or your opinion?

    He/she is an bar stool solicitor. Referencing their vast knowledge of brain farts.


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    #196
    [Deleted User]
    Posts: 7,712 ✭✭✭ [Deleted User]


    Is she gone yet?


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    #197
    skooterblue2
    Closed Accounts Posts: 6,816 ✭✭✭skooterblue2


    Suggestion :
    Wait for the 2nd wave smoother her with blankets and say she was swept with the virus.


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    #198
    Dav010
    Registered Users Posts: 14,008 ✭✭✭✭Dav010


    skooterblue2 wrote: »
    Suggestion :
    Wait for the 2nd wave smoother her with blankets and say she was swept with the virus.

    Or, as Mad dog suggested, take out the kango and drill away until you make your house unsafe, that’ll learn her.


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    #199
    Claw Hammer
    Registered Users Posts: 6,160 ✭✭✭Claw Hammer


    splinter65 wrote: »
    So you DO know better then the RTB? I’ve a feeling that you are pretty much an expert on almost every subject that might come up for discussion.
    So. Let’s pretend that you are a lincesee in someone’s home and the homeowner has asked you to leave please by 3pm on Friday . You don’t want to leave.
    What’s your next step claw hammer? Just refuse to go?
    Fine.
    Say you go out on Saturday to get some shopping and come back and find that the homeowner has managed to lock you out. You ring him and he tells you that he’s in your room bagging up your things and you can come back and collect them at 3pm.
    What are you going to do now?

    We don't know the RTB position. The RTB hasn't publicly committed itself one way or the other. Its current official response is that it is for the courts to interpret legislation.

    It has an ambiguous posting on its website saying what the intention of the legislation was. The RTB lost a court case in 2010 when it relied on the report on the residential tenancies sector in an attempt to persuade the court as to its view of the legislation.


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    #200
    masculinist
    Closed Accounts Posts: 1,616 ✭✭✭masculinist


    Has she ever actually been told off for smoking in her room etc or does she live with keyboard warriors ? Assertively tell her to go and explain why without any self doubt showing in your behaviour. Her main residence is her parents or wherever shes supposed to go in the summer.
    Can you not get the Guards to remove an unwelcome guest there under licence ?

    Did she pay a deposit ?

    Best scenario is she resists going because a boards post told her she owns the house now, then the Guards come and throw her out and you keep her deposit for the hassle and clean up involved getting the smell of smoke etc out of the house.


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    #201
    skooterblue2
    Closed Accounts Posts: 6,816 ✭✭✭skooterblue2


    Is she paying rent or contributing bills?
    Is there any documented proof she lives there?
    Does she have a contract?


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    #202
    TheChizler
    Registered Users Posts: 9,407 ✭✭✭TheChizler


    masculinist wrote: »
    Best scenario is she resists going because a boards post told her she owns the house now, then the Guards come and throw her out and you keep her deposit for the hassle and clean up involved getting the smell of smoke etc out of the house.

    Now that is illegal.


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    #203
    masculinist
    Closed Accounts Posts: 1,616 ✭✭✭masculinist


    TheChizler wrote: »
    Now that is illegal.

    I'm not in the business of suggesting illegal courses of action.
    Smoke damage and other careless wilful damage costs money to repair to the previous standard which would not endanger any future asthmatic inhabitants.
    The best scenario is for the Guards to drag her out and use her deposit legally to clean up her illegal mess.


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    #204
    TheChizler
    Registered Users Posts: 9,407 ✭✭✭TheChizler


    masculinist wrote: »
    I'm not in the business of suggesting illegal courses of action.
    Smoke damage and other careless wilful damage costs money to repair to the previous standard which would not endanger any future asthmatic inhabitants.
    The best scenario is for the Guards to drag her out and use her deposit legally to clean up her illegal mess.
    It's the "you keep her deposit for the hassle" bit I was highlighting, maybe whatever platform you're reading this on doesn't display bold font.


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    #205
    masculinist
    Closed Accounts Posts: 1,616 ✭✭✭masculinist


    TheChizler wrote: »
    It's the "you keep her deposit for the hassle" bit I was highlighting, maybe whatever platform you're reading this on doesn't display bold font.

    I'd be more worried about fire and loss of life caused by indoor smoking than anything else.
    However having to repaint,. redecorate and eliminate months of smoke, ash and lingering dirty smells is an expensive hassle both in terms of Labour and in materials such as tins of paint, new carpets etc
    The OP has every right to want the room to be fully restored to a smoke free condition and anything else damaged in breach of the original agreement.


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    #206
    Ballso
    Registered Users Posts: 465 ✭✭Ballso


    skooterblue2 wrote: »
    Is she paying rent or contributing bills?

    Do you think the lads on here are putting people up in their houses for free?


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    #207
    Ballso
    Registered Users Posts: 465 ✭✭Ballso


    masculinist wrote: »
    The best scenario is for the Guards to drag her out and use her deposit legally to clean up her illegal mess.
    The Gardai are not going to get involved in this, why on earth would they? Bunch of Walter Mitty fantastists on here.


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    #208
    TheChizler
    Registered Users Posts: 9,407 ✭✭✭TheChizler


    masculinist wrote: »
    I'd be more worried about fire and loss of life caused by indoor smoking than anything else.
    However having to repaint,. redecorate and eliminate months of smoke, ash and lingering dirty smells is an expensive hassle both in terms of Labour and in materials such as tins of paint, new carpets etc
    The OP has every right to want the room to be fully restored to a smoke free condition and anything else damaged in breach of the original agreement.
    Yes you've said that twice and I don't disagree. Taking from the deposit for (receipted) cleaning is fine, taking it for 'hassle' is not which you seemed to be implying, and the tenant would have legal means of getting it back.


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    #209
    masculinist
    Closed Accounts Posts: 1,616 ✭✭✭masculinist


    Ballso wrote: »
    The Gardai are not going to get involved in this, why on earth would they? Bunch of Walter Mitty fantastists on here.

    They have no problem dragging people out of their actual homes so in this case they can actually do a good deed lawfully and remove a squatter squatting inside someone else's family home.


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    #210
    Time
    Registered Users Posts: 993 ✭✭✭Time


    masculinist wrote: »
    They have no problem dragging people out of their actual homes so in this case they can actually do a good deed lawfully and remove a squatter squatting inside someone else's family home.

    and they'll do the same here... when the homeowner gets a court order.


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    #211
    Ballso
    Registered Users Posts: 465 ✭✭Ballso


    Time wrote: »
    and they'll do the same here... when the homeowner gets a court order.

    A court order for what? Smoking?

    If people want to protect the sanctity of their homes, maybe don't rent out rooms in them for profit? Greedy little piglets


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