Rights that a tenant has if they have rented property for more than 10 years

dcasey73

Hi all,

So I've rented out an apartment to someone for more than 10 years who I believe is responsible for significant damage caused to the property over the last year.

I'm wondering if I fix the damage, send a bill to the tenant and discover that the tenant wont pay what can I legally do? I've read that I can give them a 30 days "Notice with cause" to terminate the tenancy.

However I've also read on Citizen's Information that I need to give the tenant 224 days notice before I can kick them out. This is because they've been living in the accommodation for more than 10 years.

I'm confused at what I'm legally able to do in order for them to pay for the damage caused. Can I bring them to the small claims court or something along those lines?

Thanks

Del2005

You won't get a cent for the damage and if you don't cross every t and dot every i the tenant could get a large payout from you. Use the RTB templates to get the long slow process started

dcasey73

I don't understand? In what case would they be able to get a payout from me? They're the one who's in the wrong not me?

What makes you so sure that I wont get any money for the damage caused?

Del2005

The RTB has a very pro tenant bias so if you don't do everything by the letter of the law in the eviction process they will make an award to the tenant.

The tenant could stop paying rent, and most likely will when you issue the termination notice, and you'll get nothing off them when you eventually get them to move out in a year if your lucky. There will be no requirement from the RTB for the tenant to pay the missed rent. If you do prove they damaged the property it'll be a civil case and even if you win you can't get money off people who don't want to pay in this country.

dcasey73

Del2005 wrote: »

The RTB has a very pro tenant bias so if you don't do everything by the letter of the law in the eviction process they will make an award to the tenant.

The tenant could stop paying rent, and most likely will when you issue the termination notice, and you'll get nothing off them when you eventually get them to move out in a year if your lucky. There will be no requirement from the RTB for the tenant to pay the missed rent. If you do prove they damaged the property it'll be a civil case and even if you win you can't get money off people who don't want to pay in this country.

How are they legally able to stay in my property for 224 days and not pay the rent? Also can't I get the guards to move them out in 224 days time when the time comes?

Samuel T. Cogley

dcasey73 wrote: »

How are they legally able to stay in my property for 224 days and not pay the rent? Also can't I get the guards to move them out in 224 days time when the time comes?

If they stop paying and refuse to move expect at least a year long battle and thousands in legal costs. I'd consult a solicitor.

C14N

dcasey73 wrote: »

How are they legally able to stay in my property for 224 days and not pay the rent? Also can't I get the guards to move them out in 224 days time when the time comes?

Afaik, you need a court decision before Gardai will get involved, and this takes months. Someone I know rented out their family home in a quiet estate to a single mother with a child after moving out to a new house. She later moved her boyfriend in with her (without permission) who proceeded to sell drugs out of the house. They still couldn't get them to budge after months despite complains from the neighbours. Think they resolved it by eventually paying him €500 and offering a good reference to get him to feck off. Evictions in this country are a broken system.

dcasey73

Samuel T. Cogley wrote: »

If they stop paying and refuse to move expect at least a year long battle and thousands in legal costs. I'd consult a solicitor.

What's legally stopping me from opening the front door with my copy of the house key after the 224 days are up and telling them that time is up and they need to move?

Samuel T. Cogley

dcasey73 wrote: »

What's legally stopping me from opening the front door with my copy of the house key after the 224 days are up and telling them that time is up and they need to move?

I think the going rate for doing that is about 20K for illegal eviction.

C14N

dcasey73 wrote: »

What's legally stopping me from opening the front door with my copy of the house key after the 224 days are up and telling them that time is up and they need to move?

The question is, what if they just stay there and don't go? Are you going to try to forcibly drag them out by their ear or what?

dcasey73

Samuel T. Cogley wrote: »

I think the going rate for doing that is about 20K for illegal eviction.

But what is the point of the 224 day rule from the RTB if the tenant can just stay in the house after the 224 day period is up? How is that illegal eviction?

Graham

Mod Note

dcasey73, as you already have the same question posted in the legal discussion forum I'm going to close this one. Please don't start multiple posts on the same topic.

Legal Discusion Thread Here.